For Immediate Release THE NC DMV

For Immediate Release
FEDERAL JUDGE ALLOWS DISABILITY RIGHTS NC TO PROCEED WITH CASE AGAINST
THE NC DMV
August 21, 2014, Raleigh, NC: Yesterday, US District Court Judge Terrence Boyle denied the NC
Division of Motor Vehicle’s motion to dismiss a lawsuit that alleges it systemically discriminates
against people with disabilities. This ruling could have widespread implications for drivers with
disabilities. The ruling stems from a lawsuit filed by drivers with disabilities who were subjected to
unnecessary road testing and medical exams based on stereotypes and generalizations about people
with physical disabilities.
The DMV Medical Review Program is a mechanism for the DMV to identify unsafe drivers. Doctors,
family members, and others may suggest that a driver is no longer capable of safely driving, and the
DMV may require that individual to undergo medical screening. However, the DMV has extended the
program to drivers, like the Plaintiffs in the case, who are capable, safe drivers but who have a physical
disability. Each individual Plaintiff was referred for testing or medical review by DMV staff based on
the DMV’s policies regarding drivers with disabilities.
In moving to dismiss the case, the DMV contended that licensed drivers with disabilities should not be
permitted to challenge the DMV’s imposition of additional testing and medical review because the
drivers have not proven they are qualified. Because licensed drivers are qualified to drive, Judge Boyle
concluded that “the issue is whether the actions taken by the state, after issuance of a driver’s license,
are discriminatory in nature.”
“Today’s decision means that drivers with disabilities will get their day in court,” said Vicki Smith,
Executive Director of Disability Rights NC. “Through this case, we expect to shine a light on a system
that operates on outdated notions that people with disabilities don’t drive and work and participate in
their communities.”
Contact:
Holly Stiles, Staff Attorney
Disability Rights North Carolina
[email protected]
919-856-2195
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Disability Rights North Carolina is a 501(c)(3) nonprofit organization based in Raleigh. Its team of
attorneys, advocates, paralegals and support staff provide advocacy and legal services at no charge
for North Carolinians with disabilities to protect their civil rights under the Americans with
Disabilities Act and other federal and state laws.

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