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State Law Forbids Teen To Drive Because Mom Is Blind
Minors With Driver's Permit Can Only Drive With Parents Who Have License
POSTED: 6:35 am MDT May 3, 2005
UPDATED: 3:22 pm MDT May 3, 2005
DENVER -- A Colorado Springs teen has her learner's permit but she can't use it because her mother and sole guardian is blind.
Teen Says New State Law Is Discriminatory
Julie Barber and her mom, Marcia Barber, say the state law outlining who can sit in the passenger seat when a teen is learning to drive is unfair, so the family filed a federal lawsuit Monday challenging it.
In Colorado, anyone 15 or 16 years old and with a driver's permit can only drive with a parent, stepparent or guardian who has a driver's license. But since Marcia is blind and doesn't have a driver's license -- Julie can't practice driving.
Marcia said just because she's disabled doesn't mean her daughter should be discriminated.
"I have made a concerted effort that (my kids) not be handicapped due to my disability and this was first time that I felt I ran into a brick wall," Marcia said.
"It didn't make any sense because they changed this law so teenagers would have more experience driving and now I'm not getting any experience and it's stupid, I think," said Julie.
Marcia wants Julie to be able to drive with her grandfather but the current law won't allow that, unless Marcia gives her dad guardianship.
"I am the parent and I have a disability. I don't think I should have to forfeit parental rights so my daughter can drive," Marcia said.
"I was so excited to get my permit and now I can't even use it," Julie said.
Wayne Tulley, with the National Driver Training Institute, who helped write the current law, said originally grandparents were included in the bill and somehow accidentally got left out of the final version.
Right now there is another bill in the Senate that would fix it by including grandparents who have power of attorney.
Attorney General John Suthers is "sympathetic" to the Barbers but he can't override the state statute, spokeswoman Kristen Hubbell told reporters.
The Barbers want the court to order the state to be flexible when dealing with minors who want to drive but whose parents are disabled. Marcia said she wants the state to allow her to be in the car with her daughter and another adult who has a license.
They also are seeking damages and attorney's fees.
Copyright 2005 by TheDenverChannel.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
http://www.thedenverchannel.com/news/4442723/detail.html?subid=22100484&qs=1;bp=t
Minors With Driver's Permit Can Only Drive With Parents Who Have License
POSTED: 6:35 am MDT May 3, 2005
UPDATED: 3:22 pm MDT May 3, 2005
DENVER -- A Colorado Springs teen has her learner's permit but she can't use it because her mother and sole guardian is blind.
Teen Says New State Law Is Discriminatory
Julie Barber and her mom, Marcia Barber, say the state law outlining who can sit in the passenger seat when a teen is learning to drive is unfair, so the family filed a federal lawsuit Monday challenging it.
In Colorado, anyone 15 or 16 years old and with a driver's permit can only drive with a parent, stepparent or guardian who has a driver's license. But since Marcia is blind and doesn't have a driver's license -- Julie can't practice driving.
Marcia said just because she's disabled doesn't mean her daughter should be discriminated.
"I have made a concerted effort that (my kids) not be handicapped due to my disability and this was first time that I felt I ran into a brick wall," Marcia said.
"It didn't make any sense because they changed this law so teenagers would have more experience driving and now I'm not getting any experience and it's stupid, I think," said Julie.
Marcia wants Julie to be able to drive with her grandfather but the current law won't allow that, unless Marcia gives her dad guardianship.
"I am the parent and I have a disability. I don't think I should have to forfeit parental rights so my daughter can drive," Marcia said.
"I was so excited to get my permit and now I can't even use it," Julie said.
Wayne Tulley, with the National Driver Training Institute, who helped write the current law, said originally grandparents were included in the bill and somehow accidentally got left out of the final version.
Right now there is another bill in the Senate that would fix it by including grandparents who have power of attorney.
Attorney General John Suthers is "sympathetic" to the Barbers but he can't override the state statute, spokeswoman Kristen Hubbell told reporters.
The Barbers want the court to order the state to be flexible when dealing with minors who want to drive but whose parents are disabled. Marcia said she wants the state to allow her to be in the car with her daughter and another adult who has a license.
They also are seeking damages and attorney's fees.
Copyright 2005 by TheDenverChannel.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
http://www.thedenverchannel.com/news/4442723/detail.html?subid=22100484&qs=1;bp=t
