State of Colorado Department of Revenue
Division of Motor Vehicles
Citation
Barber, et. al.. v. State of Colorado et. al., D.C. Colo., Civil Action No. 05-RB-807 (CBS)
Issues
Colorado state law allows fifteen-year-olds to practice driving with a learners permit. However a licensed parent or guardian must be in the vehicle with the teenager. Teenagers are required to complete a number of hours of practice driving before they are allowed to obtain their drivers license. The State of Colorado and the Division of Motor Vehicles have refused to make reasonable modifications of policies, practices and procedures and allow a parent with a disability who is unable to drive to appoint a proxy to allow the teenaged child to practice driving. Colorado requires disabled parents who are unable to drive to assign guardianship of their children in order to allow their children to practice driving.
Status
Plaintiffs filed their complaint in federal court on May 2, 2005. The Defendants filed a Motion to Dismiss that was denied. The parties recently agreed to dismiss the claims for injunctive relief becasue the Colorado Legislature changed the law to allow parents with disabilities to designate a driving supervisor for their children.
Available Documents
Media Coverage
(Links open in a new window)
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May 3, 2005 Rocky Mountain News, Blind mom sues over legal roadblock.
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May 3, 2005, Denver Post, Logic stalls over teen driving law
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May 3, 2005, The Denver Channel, State law forbids teen to drive because mom is blind.
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May 3, 2005, KCNC News 4, Family sues state over driver permit law
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May 3, 2005, Summit Daily News, Family sues over driver's license rule