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Resistance
See other Resistance Articles

Title: Out of the Way, Peasants!
Source: Lew Rockwell
URL Source: http://www.lewrockwell.com/greenhut/greenhut54.html
Published: Apr 22, 2008
Author: Steve Greenhut
Post Date: 2008-04-22 06:28:34 by Ada
Keywords: None
Views: 113
Comments: 5

Readers have been shocked to learn that California has about 1 million citizens who are literally above the law. Members of this group, as a Register front-page article April 6 detailed, can drive their cars as fast as they choose. They can drink a six-pack of beer at a bar and then get behind the wheel and weave their way home. They can zoom in and out of traffic, run traffic lights, roll through stop signs and ignore school crossing zones. They can ride on toll roads for free, park in illegal spots and drive on High Occupancy Vehicle lanes even if they have no passengers in the car with them. Chances are they will never have to pay a fine or get a traffic citation.

They are a special class of people, basically exempt from the laws the rest of us must follow. This isn't a small number, either. Drivers of one of every 22 California cars and light trucks on the road have this special immunity, which should cause our government leaders and law enforcement authorities – always eager to protect us from any perceived problem – to demand a fix to this real public safety threat. Think about what this means: a million drivers who can endanger our lives with near impunity. I can hear it now: "There ought to be a law!"

But instead of pushing for a fix, most legislators are trying to expand the program so that even more people can have the special "we're above the law" license plates. What gives? The answer is sickeningly obvious. The Special People are those who work for law enforcement or other government agencies or are their family members.

Now you get it. Government officials are zealous about dealing with problems caused by average citizens, but they are far less interested in dealing with the excesses of fellow members of the privileged, government elite. There are rules for "us" and rules for "them" – us being the subjects and them being the rulers. Feel free to pound the table in anger now!

How did we get to this sorry place?

In 1978, the state started a program to protect the confidentiality of peace officers so members of the public couldn't find their addresses on Department of Motor Vehicle databases. Over the years, the program has been expanded from one set of government workers to another. It now applies to corrections employees, social workers, nonsworn personnel who work in juvenile halls, parole officers, parking enforcement employees and on and on. Even county supervisors, city attorneys and city council members can be exempt from the state's traffic laws.

Even after the Register article exposed this outrageous situation, an Assembly committee voted to expand this special privilege to firefighters, animal control officers and veterinarians. Assemblyman Mike Duvall, R-Yorba Linda, explained his vote to the Register in this way: "I don't want to say no to the firefighters and veterinarians that are doing these things that need to be protected." That attitude explains why our society is moving in this direction. No one – not even a self-proclaimed believer in limited government – will stand up to groups of workers who have become as demanding, self-righteous and arrogant as those found in the French bureaucracy.

Americans used to be better schooled in the views of our nation's founders, who believed that government should be strictly limited and highly accountable. The Constitution, after all, is designed to protect the People from their rulers. These days, and especially after 9/11, Americans have become compliant and dangerously obedient to the authorities. Hence, they keep getting rolled. You know something's amiss when museum security guards, court workers, DMV employees and retired parking officers are part of the special-license caste.

The special-plate program works this way: The addresses are kept secret, so toll-road operators and parking enforcement cannot easily track down violators. The Transportation Corridor Agencies, which runs the toll roads, does not legally have access to the confidential addresses. The Orange County Transportation Authority has to go through additional hoops to get the addresses and admittedly doesn't pursue toll violations too zealously.

In one instance reported by the Register, one couple had racked up almost $35,000 in penalties from OCTA for driving on toll roads without paying. Regarding moving violations, when police see these special plates they either don't pull the drivers over or they don't ticket them if they do. The cops call this "professional courtesy." Officers know that those with the special plates are "their own," and officers are quite open about refusing to ticket other members of the Brotherhood. They scratch each other's back. "It's a courtesy, law enforcement to law enforcement," Sgt. Tom Lee of the San Francisco Police Department, told the Register. "We let it go."

Well, such "courtesies" are functions of police states, not free societies. In a free society, the government serves the people. No one is supposed to be above the law, not even animal control officers and their spouses. Assemblyman Todd Spitzer, R-Orange, calls the situation immoral, unfair and unethical. He has proposed legislation that would limit the practice. Spitzer deserves kudos for this effort, but I wouldn't expect the legislation to go far given the deference afforded public-sector union members and law enforcement in the state Capitol.

The whole thing is a scam. This confidentiality of plates is defended on grounds of safety – even though there's no example of anyone's safety having been jeopardized and even though so many of the workers who receive the protections are not in even remotely dangerous professions. Plus, the original rationale for the protection has evaporated. As the Register noted, "updated laws have made all DMV information confidential to the public."

Pound that table again!

Wouldn't it be nice if the government, for once, put the public's safety above the concerns of its own workers and its own bureaucratic prerogatives? These days, the focus always seems to be on the safety of the government workers (FYI, no government job is in the top 10 list of most-dangerous occupations), even though the government's entire raison d'être (hey, French is appropriate, given the subject matter) is to protect us. Public-choice theory is correct – government workers function mainly to promote their own self-interest, and not to promote what some naïvely believe to be the public good.

Sadly, as the government expands, America is becoming a society where the public "servants" are now the masters. Government workers earn higher salaries than their cohorts in the private sector and far higher benefits – with a massive public unfunded liability (debt) as a result. The taxpayer eventually will be forced to clean up the fiscal mess. These same government employees have special protections from accountability. There's the Peace Officers' Bill of Rights, civil service protections and government unions, the last of which instill fear and trepidation into the hearts of politicians.

And now we learn that members of this coddled and powerful group (and their family members) don't even need to follow the basic traffic laws that apply to the rest of us. If you're not angry, then you must be a member of the special caste.

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#1. To: Ada (#0)

My ex-girlfriend works for the Government Printing Office in D.C. She makes $120,000 a year, every year gets a raise and a cost-of-living increase, can take all the paid days off she wants, gets complete medical and dental. I, on the other hand, just got a $50 a week paycut, as did everyone in the company.

Must be great to live so high on the taxpayer dime.

Turtle  posted on  2008-04-22   6:59:11 ET  Reply   Trace   Private Reply  


#2. To: Ada, *California list* (#0)

Now you get it. Government officials are zealous about dealing with problems caused by average citizens, but they are far less interested in dealing with the excesses of fellow members of the privileged, government elite. There are rules for "us" and rules for "them" – us being the subjects and them being the rulers. Feel free to pound the table in anger now!

How did we get to this sorry place?

In 1978, the state started a program to protect the confidentiality of peace officers so members of the public couldn't find their addresses on Department of Motor Vehicle databases. Over the years, the program has been expanded from one set of government workers to another. It now applies to corrections employees, social workers, nonsworn personnel who work in juvenile halls, parole officers, parking enforcement employees and on and on. Even county supervisors, city attorneys and city council members can be exempt from the state's traffic laws.

Even after the Register article exposed this outrageous situation, an Assembly committee voted to expand this special privilege to firefighters, animal control officers and veterinarians.

'Individuals should not take responsibility for their own defense. That’s what the police are for. ... If I oppose individuals defending themselves, I have to support police defending them. I have to support a police state.”' Alan Dershowitz

robin  posted on  2008-04-22   10:28:47 ET  Reply   Trace   Private Reply  


#3. To: Ada, robin (#0)

These bureaucrats probably don't want anyone to be able to find them, most likely with good reason. Just like many of them won't give their full names, usually only first name and last initial, if that. their instinct of fear is the one smart thing about them because they know inherently that they are in the wrong.

MY REPLY TO ZEITGEIST: 1John Chapter 2: "21 I write to you not because you do not know the truth but because you do, and because every lie is alien to the truth. 22 Who is the liar? Whoever denies that Jesus is the Christ. Whoever denies the Father and the Son, this is the antichrist."
"I don't know where Bin Laden is. I truly am not that concerned about him"
George W, Bush, 3/13/02 http://www.whitehouse.gov/news/releases/2002/03/20020313-8.html

Artisan  posted on  2008-04-22   11:21:16 ET  Reply   Trace   Private Reply  


#4. To: Ada (#0)

here is the original article.

http://www.ocregister.com/articles/dmv-police-confidential-2011354-program- records

Friday, April 4, 2008 Special license plates shield officials from traffic tickets By JENNIFER MUIR THE ORANGE COUNTY REGISTER Comments 182| Recommend 94

It's 1:45 p.m. on a Wednesday in February and a Toyota Camry is driving west on the 91 Express Lanes, for free, for the 470th time.

The electronic transponder on the dashboard – used to bill tollway users – is inactive. The Camry's owners, airport traffic officer Rudolph Duplessis and his wife, Loretta, have never had a toll road account, officials say.

They've never received a violation notice in the mail, either. Their car is registered as part of a state program which hides their home address on Department of Motor Vehicles records. The agency that operates the tollway does not have legal access to their address.

Their Toyota is one of 996,716 vehicles registered to motorists who are affiliated with 1,800 state and local agencies and who are allowed to shield their addresses under the Confidential Records Program.

An Orange County Register investigation has found that the program, designed 30 years ago to protect police from criminals, has been expanded to cover hundreds of thousands of public employees – from police dispatchers to museum guards – who face little threat from the public. Their spouses and children can get the plates, too.

This has happened despite warnings from state officials that the safeguard is no longer needed because updated laws have made all DMV information confidential to the public.

The Register found that the confidential plate program shields these motorists in ways most of us can only dream about:

•Vehicles with protected license plates can run through dozens of intersections controlled by red light cameras and breeze along the 91 toll lanes with impunity.

•Parking citations issued to vehicles with protected plates are often dismissed because the process necessary to pierce the shield is too cumbersome.

•Some patrol officers let drivers with protected plates off with a warning because the plates signal that the drivers are "one of their own" or related to someone who is.

Exactly how many people are taking advantage of their protected plates is impossible to calculate. Like the Orange County Transportation Authority, which operates the tollway, many agencies have automated processes and have never focused on what happens to confidential plate holders. Sometimes police take note of the plate and don't write a ticket at all.

The Register used public records laws to obtain OCTA computer logs for the 91 Express Lanes and found 14,535 unpaid trips by motorists with confidential plates in the past five years. A Register analysis showed that was 3,722 separate vehicles, some running the toll road hundreds of times.

That's only about $29,500 in tolls, but under the penalty schedule set by state law, fines for chronic violators can reach $500 per toll, which would total more than $5 million for the confidential plate holders with multiple violations if they ignored warning notices. OCTA officials said that if they had been able to notify these people, they believe most would have paid before penalties ballooned.

Among the top violators on OCTA's list were Dwight and Michell Storay (he's a parole agent with the Department of Corrections), with 622 violations and Lenai and Arnold Carraway (she's an Orange County social worker), with 239 violations.

Speaking through a corrections spokeswoman, Storay denied driving the toll roads without paying. He showed records indicating that he has a valid toll road account and said he had contacted the OCTA to settle the matter.

Lenai Carraway showed a reporter evidence that she had a toll road account, but had no evidence that she'd paid the tolls that OCTA listed as delinquent. Carraway said she planned to contact OCTA.

Another couple listed in the top three, Chino Police Department dispatcher Susie Stephen and her husband Mike, contacted OCTA and got the agency to admit it had made a mistake. According to a letter the couple received April 7, the agency failed to update the couple's account when they purchased a new car, even though they had reported the new plate. The letter also confirms the couple has worked out a plan to repay $891 for their unpaid tolls.

It's impossible to tell whether every motorist included on the list knowingly exploited their confidential plates—and many of those contacted by The Register insisted it was some kind of mistake.

But by the time a California Highway Patrol officer recognized Loretta Duplessis' Camry from a "heavy hitter" list of toll evaders and pulled her over Feb. 27, the couple had racked up $34,805.95 in penalties from OCTA, according to a note the officer wrote on her citation. The couple did not respond to repeated requests for comment, including a note left on their front door in Riverside County.

An activist who lobbies for fair traffic laws said the entire program is out of control.

"They've exempted themselves from the rules they're enforcing," said Chad Dornsife, director of the Best Highway Safety Practices Institute. "They know it, is what's really sick about this. This isn't some surprise that when the camera comes out they don't have to worry about it."

Proponents of the program argue that confidential plates offer a necessary protection.

"I would highly doubt that anybody is registering their vehicles on a confidential basis to do anything but protect themselves," Garden Grove Police Capt. Mike Handfield said. "I just don't think people are thinking they're getting away with anything….Is the value of having a confidential plate and protecting the law enforcement community from people who might hurt them, is that worth that risk? I believe it is."

The Register asked the DMV for a list of the number of motorists participating in the program and the agencies they claim as an employer. But the DMV refused to provide those records unless The Register paid $8,442, which officials said was the cost of extracting the list from its database.

The Register felt that was an excessive cost to obtain public records; the DMV has refused to waive the fee.

CONFIDENTIAL HISTORY

The DMV first started withholding police officers' addresses from the public in 1978, back when anyone could walk into a DMV office with a license plate number and walk out with the car owner's home address. The purpose was to block criminals from finding out where police live, then using the information to harm the officers or their families.

Under the Confidential Records Program the name of the police agency appears in lieu of the officer's address.

In the first seven years of the program, lawmakers added judges, district attorneys – and themselves.

Since then, the list of people afforded confidentiality has swelled to include jail guards, district attorney investigators and National Park Service rangers, as well as city council members and city attorneys, among others.

Officials can keep the secret plates when they retire. If they change to a civilian job, they can stay shielded for another three years.

In some cases the secret plates have been negotiated as part of a labor contract. For example, museum security officers were added as part of an employment agreement with the state's public safety union in 2001.

Meanwhile, public access to DMV information was nearly eliminated in 1989 after the death of actress Rebecca Schaeffer. A private investigator found Schaeffer's home address through the DMV on behalf of an obsessed fan, who gunned down the 21-year-old at her Los Angeles apartment. Lawmakers responded by making every motorist's information confidential.

Today, addresses for every driver in the state are off limits to the public. Some businesses, such as insurance companies, financial institutions and businesses that contract with police to process citations, still maintain limited access through strict agreements with the DMV.

The level of protection granted to all motorists makes "it all but impossible for unauthorized individuals to receive residence address data from the DMV," officials told the Legislature in 2004.

The DMV said private data now available on the Internet makes it easy to find home addresses. "Such ready access makes it unnecessary to use DMV as an access point."

None of the lawmakers or agencies interviewed by The Register was able to point to a case where a person was harmed by information obtained through the DMV in the nearly 20 years since the Schaeffer case changed the law.

Still, police and lawmakers say that increasing access to information on the Internet makes it even more imperative that records are protected.

"The street has become a technological freeway that is being used by everybody, so the more layers of confidentiality you can add to those who need it the better," said Steve Whitmore, spokesman for the Los Angeles County Sheriff's Department.

Since 1980, lawmakers have passed 19 pieces of legislation adding more groups, revising the language or increasing the punishment against people who use the DMV to harm people with confidential plates.

In 2001 Assemblywoman Jenny Oropeza, who is now a state senator, sponsored legislation that allowed police chiefs to give the plates to non-sworn employees in "sensitive" positions, such as those testifying against other law enforcement officers, records show.

"Law enforcement came to me and asked me to sponsor it," said Oropeza, D-Carson.

This year, Assemblyman Sandré Swanson, D-Alameda, is sponsoring a bill that would add some zoo veterinarians, animal control agency workers and humane society shelter workers to the program. After introducing the bill, he added firefighters and code enforcement officers, as well. He said the union that represents those workers – the American Federation of County Municipal Employees – asked for the protection to stave off retribution from criminals, such as people who run criminal dog fighting rings.

DMV employees must process requests for confidential records manually at a cost of $220,000 a year. The workload expands every time lawmakers allow a new group to participate in the program.

'COURTESY TO LAW ENFORCEMENT'

As the program has grown, so have the benefits.

Some police officers confess that when they pull over someone with a confidential license plate they're more likely to let them off with a warning. In most cases, one said, if an officer realizes a motorist has a confidential plate, the car won't be pulled over at all.

"It's an unwritten rule that we would extend professional courtesy," said Ron Smith, a retired Los Angeles Police Department officer who worked patrol for 23 years. "Nine out of 10 times I would."

California Highway Patrol officer Jennifer Hink put it a little differently. "It's officer discretion … (But) just because you have confidential plates doesn't mean you're going to get out of a citation."

Many police departments that run red light camera programs systematically dismiss citations issued to confidential plates.

"It's a courtesy, law enforcement to law enforcement," San Francisco Police Sgt. Tom Lee said. "We let it go."

Four Orange County cities with red light cameras told the Register earlier this year that they don't have time to track down the addresses. The private companies that process the citations don't have access to the shielded information. Police officers do have access, but not the time.

State law requires police to mail out red light camera citations within 15 days; Orange County allows only 11. "It takes eight to 13 business days to receive that information back from the DMV," said Santa Ana Police officer Gary Fratus. "There are far too few to do it … The time frame is not conducive for us."

Some departments, for example, the cities of Los Alamitos and Los Angeles, send the citations to the agency listed in place of the home address. But they have no way of knowing whether the person ticketed ever received the citation. In Orange County, inactive red light camera citations are dismissed after a year.

San Diego is the only department interviewed by the Register that does the necessary work to track down protected plate holders. Laguna Woods and Santa Ana began doing the same this year after the Register began asking questions.

The shielded plates can also be a free pass to park illegally.

"Many agencies, especially parking citation processing agencies, report that the process is so cumbersome and costly that they simply dismiss the parking citation as it is not worth the time and effort necessary to identify the vehicle owner," the DMV told the legislature in 2004.

Sen. Oropeza said the problem isn't the confidential records program, it's that police are enforcing the law unevenly.

"Professional courtesy, that's a total inappropriate response," Oropeza said. "And to say they don't have time is totally inappropriate …The law should be applied equally to everybody."

DMV spokesman Mike Marando said the agency may be able to come up with a more streamlined method of accessing the shielded addresses.

"We'll be happy to work with them," Marando said.

TROUBLE WITH TOLLS

Toll road operators face an added barrier in collecting payment because they don't have legal access to confidential addresses. The two agencies in Orange County handle the problem differently.

The Transportation Corridor Agencies, which operates the Foothill, San Joaquin Hills and Eastern toll roads, said it mails delinquent toll notices to the agency listed in lieu of the home address, and believes such tickets are getting paid.

"There is the potential that the violation may not be forwarded by the agency to the individual, but we have yet to experience that condition," Frank Barbagallo, deputy director of toll operations wrote in an e-mail.

The OCTA, the agency that runs the 91 Express Lanes, sends the violations to a collections agency in New York, which attempts to find home addresses through its own means.

It's an automated process OCTA inherited when it purchased the toll road in 2003. OCTA spokesman Joel Zlotnik said that is why the agency was unaware of the thousands of confidential plate violations that had gone unpaid. The violations make up a fraction of the 14.5 million trips on the toll road each year.

After obtaining the OCTA logs, the Register used media access rights at the DMV to attach names to the license plates, then attempted to contact the top violators through the agency that employed them. The Register also tried to find personal telephones and attempted to contact the violators that way. Most motorists did not respond to the calls.

"With so many violations I'm stunned that the toll road wouldn't have at least reached out," said Orange County Sheriff Capt. Dave Nighswonger, who was contacted by The Register about a jail guard, Edward Lutz, who had 171 toll violations over a two-year period. "We can encourage our employees to reach out to them and reconcile that."

News of the violations caused officials in many of the agencies to launch internal investigations. The Los Angeles World Airport Police Organization, which employs Duplessis, said it was initiating a complete review of its confidentiality records.

Several agencies said their employees had toll accounts in good standing but had failed to add new vehicles to their accounts or had problems with their transponders. Some violators contacted OCTA after hearing from a reporter and paid the past-due tolls.

Unlike most motorists with toll account problems, many of these violators won't have to pay delinquent fees. Because of the protected plates, OCTA did not find them within the 66 days required by law and can't assess fines.

So Lutz, for example, the Orange County jail guard, simply paid the outstanding tolls, about $300, Nighswonger said.

Regular toll road customers caught in a similar situation are typically found through their DMV records, sent violation notices, and charged tens of thousands of dollars in fines if they ignore the bills.

As an example, the penalties on the account of an Orange County couple who accrued some 80 toll violations in 2003 because of an expired credit card ballooned from $580 in tolls to $53,550 in civil penalties, court records show.

After The Register found the toll road scofflaws, OCTA's Zlotnik acknowledged that the agency may not have been doing all it could to track them down. "Since this issue has arisen, we're looking at ways to address the situation to help prevent this from happening in the future," he said.

The Register found few checks on the confidential plates program.

The DMV does not independently audit the system, relying on the responsible agencies to monitor their own participants. But that doesn't always happen.

The San Bernardino Police Department could not identify a woman named Brenda Orantes, who ran up 411 violations on the 91 tollway under a confidential plate obtained through that department, the records show. Lt. Scott Paterson said Orantes is not an employee and is not listed as a relative.

A few agencies audit their program and were able to give a count of their participants. Fullerton Police, for example, said that 273 vehicles and 338 drivers have confidentiality through the department.

But most of those contacted, including the California Highway Patrol, the LAPD and the California Department of Corrections, were not able to tell a reporter how many people have obtained DMV confidentiality through their departments.

"We don't have a system to go through," LAPD Sgt. Leland Sands says. "That's not something that we would check." -------------------------------------------------

See the top 20 toll violators using protected plates

Click here to see the top 20 toll violators holding confidential license plates.DMV wants $8,442 for list of agencies with protected plates The Department of Motor Vehicles says its records system is so ancient that it will cost $8,442 to find out how many cars are registered – by agency – under a program that protects home addresses for a million police officers, lawmakers and other government workers. READ MORE >>>BACKGROUND: Confidential plates CLICK HERE for a history of confidential plates Related links Transit officials vow to close tollway license plate loophole O.C. legislator works to stop abuse of license plates Red-light camera violations go unpunished

MY REPLY TO ZEITGEIST: 1John Chapter 2: "21 I write to you not because you do not know the truth but because you do, and because every lie is alien to the truth. 22 Who is the liar? Whoever denies that Jesus is the Christ. Whoever denies the Father and the Son, this is the antichrist."
"I don't know where Bin Laden is. I truly am not that concerned about him"
George W, Bush, 3/13/02 http://www.whitehouse.gov/news/releases/2002/03/20020313-8.html

Artisan  posted on  2008-04-22   11:32:13 ET  Reply   Trace   Private Reply  


#5. To: Ada (#0)

And now we learn that members of this coddled and powerful group (and their family members) don't even need to follow the basic traffic laws that apply to the rest of us. If you're not angry, then you must be a member of the special caste.

Live closer to New York and you would feel Americans with these privileges aren't anything to

worry about, compared to diplomatic immunity.

castletrash  posted on  2008-04-22   11:32:34 ET  Reply   Trace   Private Reply  


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