Judge refuses to stop license revocations

By JOSEPH DITS, Tribune Staff Writer

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By Beth Boehne

The Indiana Bureau of Motor Vehicles reports that it has revoked the driver’s licenses and ID cards of about 32,455 people this year because their personal information didn’t match Social Security records.

On Wednesday a Marion Superior Court judge denied an injunction that would have temporarily stopped the BMV from revoking the credentials, a new process that began last year.

The injunction was sought by the American Civil Liberties Union of Indiana. It was paired with a class-action lawsuit where the key plaintiff was South Bend attorney Lyn Leone.

Mary Lyn Leone is the name on her birth certificate and Social Security records, but it didn’t match Lyn Leone, the name she started using on records as an adult, including her driver’s license.

The ACLU’s lawsuit claimed that it’s against state law and the U.S. Constitution to take away licenses because of mismatches between BMV and Social Security records.

A hearing was held April 11 before Judge Kenneth Johnson in Indianapolis.

In his 44-page ruling, Johnson wrote that the suit failed to show any harm or hardship to Leone by the BMV’s new screening process, which began last year.

Nor, Johnson wrote, did it show any that the BMV’s new process prevented anyone like Leone from using whatever names they wanted for other official purposes.

Johnson also wrote that it’s important to guard against identity theft and fraud, which is part of the case the BMV mad e in court.

Indiana became the 47th state to check its records against those of Social Security. It ended up affecting a mix of lifelong citizens and illegal immigrants.

"Not that long ago, Indiana was a magnet for those who wanted to obtain a fraudulent drivers license," BMV Commissioner Ron Stiver stated in a press release. "For instance, the BMV simply required a signed letter to make a name change. This, and other like practices, left Hoosiers far too vulnerable to identify theft, financial crimes and other fraud. We set out to change that."

Leone said the ACLU plans to appeal the case.

The Tribune is in the process of contacting the ACLU.

The BMV says it has offered appeal hearings to those who received notice that their licenses or IDs would be revoked. So far, the BMV reports that 96 hearings have been held.

The BMV says it will reinstate a license — at no charge — if the customer can successfully show their personal information matches that of Social Security records. To date, the BMV says 835 credentials have been reinstated.

Sunday, Apr 27 at 11:32 PM ICE DICTATOR wrote ...

STOP CONSTITUTIONAL ABUSE,ECONOMIC TREASON,and INVASION of PARASITES.THEY NEED TO BE BACK AT HOME FIGHTING FOR DIGNITY AGAINST THEIR NARCO-STATE OLIGARCHY!

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Saturday, Apr 26 at 5:20 PM Phillip wrote ...

I think Indiana should STOP aliens' license drivers that had been not matched with their SS# then they would be in trouble. And what about Insurance cover. Then people will SUE them to blame DMV let them (Ill. Imm). to drive without insurance. If Ill Imm killed somebody in Car Accdient and send him or her to deport to Mexico then free, not right! In Calif is VERY STRICT, EVERYONE MUST have Insurance and SS# to be match. I saw LOT Ill. Imm. ride their bikes or walked as they cannot get ID.

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Saturday, Apr 26 at 7:42 AM Frustrated wrote ...

More and more judges are upholding our laws and protecting the safety and welfare of our citizens! The ACLU should be called the Atzlan Civil Liberties Union for their consistent treason against the American people. STOP the Invasion, Protect our Borders, NO to Amnesty, NO to the North American Union and Hold our Politicians Accountable!

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Friday, Apr 25 at 12:22 PM Buzzm1 wrote ...

RE: Indiana became the 47th state to check its records against those of Social Security. Can we find out when each state checked their driver's license records against Social Secuity records and which states haven't as yet done this?? Any sugggestions as to how to check?? Thanks in advance...

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Friday, Apr 25 at 9:26 AM dataman1 wrote ...

As an attorney, Mary Lyn Leone should be well aware that your legal name is the one on your birth certificate unless it has been legally changed.

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Friday, Apr 25 at 4:56 AM Larry Brown wrote ...

President George Bush's "open borders/amnesty" immigration policy has done immeasurable damage to our nation. Forty percent of all illegal aliens domiciled in the U.S arrived here since January, 2001. What a rotten legacy from a rotten President.

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Friday, Apr 25 at 4:33 AM Vickie wrote ...

Bravo, Indiana! Little by little we, as a country, are driving (no pun intended) these invaders out.

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Friday, Apr 25 at 12:22 AM RICK wrote ...

if there is a problem with your license it is your fault! YOU supplied the information! this will also help find someone else is out there using your name. She changed her name to suit a whim and didn't do the paper work. boo hoo. on a side not if you are going to have in god we trust then you should also have a plate that says "all others pay cash". simple solluion and a nod to IN humorist jean shepard. it is the name of one of his books.

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Thursday, Apr 24 at 10:07 PM Iris Lynch wrote ...

Stop them from coming across the border in the first place. Go to www.technopatriots.com and join the hundreds who watch the border from home! It costs $10 to join.

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Thursday, Apr 24 at 9:36 PM James wrote ...

North America Union Rule destory U.S. Constutiton..

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Thursday, Apr 24 at 8:07 PM dharc wrote ...

Thank goodness ,we finally win one. The illegals (Mexicans) must be beat back. Every day I read about a 4 yr. old girl raped or how a drunk illegal killed a family. That one study estimated that 346 BILLION dollars a year is the cost of these illegals. I'm trying to put food on the table and take care of my family . And George Bush says I have to pay more taxes to support millions of third world Mexicans? It's past time to take back our government.

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Thursday, Apr 24 at 8:04 PM Brittanicus wrote ...

Whether you don't like the way Sheriff Joe Arpaio in Maricopa county, he is doing the law enforcement job that the majority of our police departments shy away from? He is a hard-boiled, fearless old time American cop. Then there is Judge Kenneth Johnson who has not been tainted by the special interest lobby, or the pro-illegal immigrant groups like the ACLU. These strong personages follow the law, according to his state legislation and the peoples wishes, not the publicity hunting Governors

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Thursday, Apr 24 at 7:21 PM LEGALATINA wrote ...

...and now the ACLU has officially "partnered" with the Mexican government to file lawsuits on behalf of illegal alien Mexicans caught in deportation raids. Nice isn't it..the Mexican government partnering with the most radical, anti-American organization in the country. Boycott Mexico, Boycott illegal aliens. Stop the ACLU and LA RAZA.

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Thursday, Apr 24 at 7:02 PM DaveR wrote ...

The ACLU and the unions are recieving nice checks to twist the laws in favor of corp America with the blessings of the Gov. Heres a fair proposal,all buisnesses that depend on this labor should pay a immigrant tax of 15k for each worker they employ illegal or not since they wont let it be checked. The aclu the unions and all the commerce depts and lastly the traitors in washington should be publicly flogged.

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Thursday, Apr 24 at 6:54 PM levotb wrote ...

The ACLU are Communists and aidors and abettors and should be shut down. They are the enemies of Ameica. Bravo to Judge Johnson! Bravo to Indiana!

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Thursday, Apr 24 at 6:49 PM INFIDEL wrote ...

Stop the INVASION!! NumbersUSA.com

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Thursday, Apr 24 at 6:23 PM Randy wrote ...

The ACLU are a joke. They need to be stopped.

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Thursday, Apr 24 at 5:27 PM Janice Gammill wrote ...

Way to go to the judge in Indiana!!!! Common sense prevails over the anti-american aclu! We are getting back on track America!

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Thursday, Apr 24 at 5:01 PM Ex_OC wrote ...

This Mary Lyn Leone is an attorney??? No wonder there are so many jokes about lawyers. If she can't understand simple common sense about using your legal name when filing govt papers, then I would never hire her to represent me. What else has she done on a whim that her clients don't know about?

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Thursday, Apr 24 at 4:59 PM John Wesley wrote ...

Finally a Judge with brains, character and backbone. Take that ACLU

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Thursday, Apr 24 at 4:54 PM Ben wrote ...

The ACLU has been changed from an agency that intended to protect americans rights, to an illegal alien criminal organization. Almost all of their lawsuits are now, against americans, to protect the rights of illegal aliens, that have none.

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Thursday, Apr 24 at 4:33 PM Anonymous wrote ...

Hurray for Judge Kenneth Johnson!! This is a step in the right direction - clear up the records, and take drivers licenses away from illegals who lied on their appliocations.

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Thursday, Apr 24 at 4:10 PM Myke wrote ...

ACLU: THE AZTLAN CIVIL LIBERTIES UNION!

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