Emailed to IPR:
CLEARWATER, FLORIDA – The State of Florida is facing a legal challenge to the new driver’s license requirements as mandated by the Department of Homeland Security under the REAL ID Act. Libertarian Party of Florida Chairman and syndicated radio talk host Adrian Wyllie was cited for driving without a license, and will argue that the new DL requirements force citizens to waive their constitutional rights in order to be granted the “privilege” of driving.
The the original trial was held on September 7, 2011, but after hearing Wyllie’s defense constitutional grounds, Magistrate Julee Milham postponed the trial to give the prosecution more time to prepare for a case of this magnitude.
“This is huge. This is a very big deal,” said Milham, “You want it to be fully and fairly vetted.”
Wyllie surrendered his driver’s license on May 17, 2011, on the grounds that he refused to provide the personal documents required by REAL ID without a warrant. Wyllie then called several law enforcement agencies to report he was driving without a license. Despite his efforts, police ignored the violation.
That was until July 15, when Wyllie issued a challenge to Pinellas County Sheriff Jim Coats on his radio program to “Man up and pull me over.” Within four hours, Wyllie’s vehicle was stopped by Pinellas deputies and he was ticketed.
“This case is a first step in nullifying REAL ID, and determining whether the Fourth Amendment is still applicable in America,” said Wyllie. The U.S. Supreme Court has previously ruled that Americans cannot be required to waive a constitutional right in order to be granted a license for a privilege.
One of the components of the REAL ID Act is that States must acquire digital facial image captures which are compatible with facial recognition software, and upload them to a national database. Wyllie says he has subpoenaed the administrator of the PCSO’s facial recognition network, and will dig deep into how driver’s license data is being used for covert surveillance of Floridians. “We will reveal how the new data and facial recognition images collected are being unlawfully used by law enforcement,” said Wyllie.
The Florida legislature is also working to effectively repeal REAL ID. Florida Rep. Larry Ahern (R – St. Petersburg) has introduced HB 109, which would repeal virtually all the provisions of REAL ID that were implemented as part of the driver’s licensing process. A companion bill, S 220, has been introduced in the Florida Senate.
The trial will be held at the Pinellas County Criminal Court Complex, Courtroom 19, at 14250 49th Street North in Clearwater on Wednesday, October 5th at 4:00pm. The courtroom is open to the public and the media.
Adrian Wyllie at 727-403-7735