BMV, DPS sued over driver’s license

A 43-year-old Saipan resident yesterday filed a civil complaint against Major. Bertha Tudela, director of the Bureau of Motor Vehicle, and Public Safety Commissioner Charles W. Ingram for violating the Americans With Disabilities Act due to their refusal to renew her driver’s license arising from her alleged disability.

In a civil suit, Rita K. Tudela, through her lawyer Angela L. Bennett, asked the court to award her $300,000 in punitive damages for the wrongful and discriminatory deprivation of a driver’s license as well as compensatory damages amounting to $50,000.

Based on the complaint, the BMV director verbally refused to allow Ms. Tudela to apply for a driver’s license without a statement from her psychiatrist that she was fit to operate a motor vehicle safely on the highway on or about Jan. 21, 1999.

Ms. Tudela had a valid, existing CNMI license with a clean driving record for over 28 years.

Sometime after Jan. 21, 1999, Ms. Tudela successfully passed a BMV administered written and driving test, but the bureau director continuously refused to give her an operator’s license.

In April 2000, the Northern Marianas Protection and Advocacy, Inc. on behalf of Ms. Tudela, sought information from the bureau director the basis of her refusal to renew the plaintiff’s license and how to go about an appeals process.

Over the next few months, the bureau director said she has no information about an appeals process and that she found out about the mental illness of Ms. Tudela from Dr. Laura Post, the psychiatrist treating the plaintiff, on Feb. 23, 1999.

“Using information that was obtained in violation of doctor-patient privilege would be inadmissible at a hearing,” the complaint added.

The bureau director said she also used Ms. Tudela’s 1998 application for a handicapped placard as the basis to require a statement from the psychiatrist treating her prior to the renewal of the plaintiff’s driver’s license.

Under Title II of the ADA, the CNMI is specifically prohibited from discriminating against individuals with disabilities in administering licensing programs or screening out any qualified individual with a disability from fully and equally enjoying any service, program or activity of a public entity.

According to the complaint, requiring Ms. Tudela to provide a statement regarding fitness to drive safely from her psychiatrist as a condition for operator’s license renewal because she was a person with disability who had applied for a handicapped placard, was discrimination and in violation of the ADA. (Lindablue F. Romero)