Harold v. Richards


The State of Pennsylvania has its own version of a discriminatory driver’s license suspension scheme: this one targets anyone with a drug-related offense.

Between 2011 and 2016, Pennsylvania suspended the licenses of nearly 149,000 drivers solely because of drug-related offenses – even if that offense was unrelated to driving and the offender had a perfect traffic safety record.

This law punishes safe drivers – even those charged with nothing more than possession of a small amount of marijuana. They’ve already faced sentences for their offenses; the license suspension is an additional punishment that serves no legitimate purpose and is an unfair attempt to punish drug offenders beyond their lawful sentence. This discriminatory license suspension scheme particularly targets Pennsylvania’s impoverished neighborhoods, which are more likely to be policed, thus trapping many Pennsylvanians in an endless cycle of poverty.

The proposed legislation is an important step toward creating equality in Pennsylvania’s justice system, but while the legislature debates, the impoverished people affected by this practice continue to have their licenses suspended and suffer the devastating effects of this irrational punishment.
— Phil Telfeyan, EJUL Executive Director

Russell Harold, Jr. is a 52-year old disabled resident of Philadelphia who lives with his elderly father. Because of charges of possession of small amounts of marijuana, his license was suspended; his conviction was unrelated to traffic safety and did not involve an automobile of any kind. Russell’s disability requires him to see a doctor several times a month, but because of his license suspension and unreliable public transportation, he has missed several of those medical appointments.

Despite his disability, Russell operated his own home cleaning business for over six years, using his personal vehicle for transportation to and from clients’ homes. Because of his license suspension, he can no longer drive himself to jobs and has lost a substantial amount of business. When he had a valid license, he made approximately $700 a week cleaning homes. Now that his license is suspended he makes no more than $200 a week – when he can find work at all.

 

We’re all praying that this law is going to be dealt with sooner, not later. I just don’t understand. A drug charge has nothing to do with driving.
— Russell Harold Jr., Client

Sean Williams is a 25-year old resident of Philadelphia and the father of a newborn son, who has been in intensive care for the first 8 months of his life. After being arrested for possession of small, personal amounts of marijuana three times, his license was suspended. None of his convictions were related to traffic safety or involved an automobile. In fact, Sean has never been cited for a traffic or car-related infraction of any kind.

Sean has been trying to find work to support himself and his newborn son but has lost out on many employment opportunities because he cannot drive. Sean’s son was born prematurely in April 2017. He has been in intensive care at the hospital for the past eight months, but will soon be coming home from the hospital. As a premature infant, he will require frequent medical appointments, and because of his vulnerability, public transportation poses a hazard to his health. Without the right to drive how will Sean get his son to necessary doctor’s appointments or – an even more terrifying thought – seek medical help in case of an emergency?

Russell and Sean are just two of many Pennsylvanians who are being unfairly punished for drug offenses. The system is hampering their ability to rehabilitate and live productive lives.

 

case details


The Complaint

Motion for Preliminary Injunction

Status: Active

Date Filed: 01/10/18

Plaintiffs: Russell Harold and Sean Williams, on behalf of themselves and others similarly situated

Defendants: Leslie Richards, in her official capacity as Secretary of Transportation; Leo Bagley in his capacity as Executive Deputy Secretary; Kurt Myers as Deputy Secretary for Driver and Vehicle Services of the Pennsylvania Dept. of Transportation; and Tom Wolf in his official capacity as Governor of Pennsylvania.

Jurisdiction: The U.S. District Court for the Eastern District of Pennsylvania

Partners: 

 

Issues


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IMPACT


This case is ongoing