Izell Mayes, a New Orleans resident, holds his Louisiana driver's license in September. Copyright photo by Edmund D. Fountain for Marguerite Casey Foundation's Equal Voice News

Equal Voice News

Lifting Barriers: New Orleans Organizers Help People Regain Driver’s Licenses

December 11, 2018

By Keith Griffith

When a New Orleans man shared with community organizers that he needed his driver’s license back, brainstorming and collaboration followed. Community members found a solution so residents could regain this government document used in applying for jobs.

NEW ORLEANS – Izell Mayes drove without a license for about 20 years, the result of unpaid traffic tickets, missed court dates and compounding fines that seemed impossible to pay off. Still, the 45-year-old plumber and father had to take his children to school and get to work. But when he was eventually pulled over, it meant arrest and more fines.

The worst experience came on a family vacation to a Six Flags amusement park in Texas, when a Louisiana state trooper pulled him over and hauled him away in handcuffs in front of his kids for driving on a suspended license. Afraid of additional complications, Mayes avoided court dates, and the bench warrants piled up.

Eventually, he owed nearly $23,000.

Everything changed in 2017 after Mayes attended a warrant clinic – in this city known nationwide as “The Big Easy” – that helped people clear old traffic tickets and bench warrants. He arrived at the clinic, held on the grounds of Corpus Christi-Epiphany Roman Catholic Church in the Seventh Ward. For more than 100 years, the stucco and red-tile roofed church has served one of the nation’s largest communities of Black Catholics – a product of New Orleans’ painful history as a French colony in which Le Code Noire, or Black Code, dictated that slaves were to be baptized in the church.

Izell Mayes, a father who regained his Louisiana driver's license, poses for a photograph on a New Orleans street in September. Copyright photo by Edmund D. Fountain for Marguerite Casey Foundation's Equal Voice News
To not be able to have a driver's license can stop you from getting certain jobs.
Izell Mayes, a New Orleans resident and father

A huge crowd turned out for the clinic, with the church being viewed as neutral ground – or safe space – to settle warrants without fear of arrest. Mayes arrived at the clinic in the afternoon and waited for more than 12 hours to meet with a municipal judge. When he finally went to see the court clerk after midnight, she told him his fines had been reduced to just $9.

“I felt like a new man,” Mayes recalls. “To not be able to have a driver’s license can stop you from getting certain jobs, it can stop you from taking a family vacation.”

***

In New Orleans, a majority-Black city with more than 393,200 residents, an estimated 30,000 people have suspended licenses due to unpaid traffic tickets and the ensuing fees, which quickly add up. Without a license, they are often forced to choose between driving illegally and risking arrest, or going without work.

The intersection of criminal justice and employment became very real in that moment – criminal justice being a barrier to employment.
Anza Becnel of the Power Coalition

Researchers say it’s a problem nationwide, affecting millions of people. A 2016 study in California from the East Bay Community Law Center found that license suspensions for failing to pay fines or appear in court are “directly correlated with poverty indicators and with race,” with driver’s license suspension rates ranging as high as five times the state average in communities that are primarily Black or Latino.

California, alone, has an estimated 4.2 million residents with driver’s licenses suspended due to unpaid tickets. The diverse state with a strong economy remains the country’s most populous with more than 39.5 million people.

As in many places across the country, housing and job opportunities in New Orleans can be far-flung, with public transit options limited. An automobile can be essential not only for getting to work, but for rising through the ranks at many jobs. Mayes, for instance, had been working in facilities at Louisiana State University, but wasn’t eligible for promotions that required him to drive work vehicles.

***

The idea for the New Orleans Warrant Clinic was born at a membership meeting of Stand With Dignity, a grassroots group dedicated to fighting for workers’ rights and expanding employment opportunities in the city. At one group meeting, people were discussing how to secure more jobs for local residents on an airport expansion project when a member raised his hand.

“He said, ‘If you really wanna know what I need, I need a driver’s license,’” says Anza Becnel, a community organizer who ran the meeting. “And we felt like that was an easy fix. We’ll just take you to the DMV and get a license.”

The member replied: “Well, I have warrants.”

“The intersection of criminal justice and employment became very real in that moment – criminal justice being a barrier to employment,” says Becnel, who now works for the Power Coalition for Equity and Justice, a statewide advocacy organization. “When I say criminal justice, I’m talking about something [like] a traffic ticket can be given as a punishment that will then lock you out of the workforce. So, we should let the punishment fit the crime.”

Becnel and his fellow organizers heard about a clinic run by the public defender’s office at a local homeless shelter. Once a month, a municipal judge visited the shelter and cleared old tickets for those who couldn’t pay.

This is [fine] money you're never going to see, because you're trying to get it from poor people.
Ashley Shelton of the Power Coalition

Stand With Dignity tried bringing its members to the homeless shelter’s clinic. But after long hours waiting outside in the winter cold to meet with a judge, they saw that the event wasn’t equipped to handle an influx.

Becnel realized there was an opportunity to use his organizing skills to meet a need in the community – and potentially expand Stand With Dignity’s ties with area residents – by working with the prosecutor’s office and the court to hold their own warrant clinic.

When Becnel approached the municipal court to see if people could solve their warrant issues, he found an opportunity for both sides to benefit.

“What the judges were telling us was, ‘People don’t come to court,’” he says. “And we said, ‘We can get the people to come, if we can ensure them that these warrants will be released.’”

***

The first warrant clinic was held in 2017, and the response was overwhelming. Some 1,300 people showed up. Waiting rooms overflowed, and judges worked past midnight to meet with as many people as possible. In the end, about 600 people were able to regain their driver’s licenses.

Patricia Anderson, 66, lives with breast cancer and diabetes, and she feared she’d be pulled over and arrested on the way to doctor’s appointments. Anderson had about $6,000 in back fees reduced to a manageable amount. She now has her license again.

Alexis Smith, 28, was a college student at Xavier University when she was ticketed for failing to wear a seat belt. She didn’t pay the fee and missed the court date due to her busy schedule of work and classes, and the fines compounded to hundreds of dollars. She eventually lost her license.

Anza Becnel, a New Orleans community organizer now with the Power Coalition, poses for a photograph in September. Copyright photo by Edmund D. Fountain for Marguerite Casey Foundation's Equal Voice News
To other organizers who want to take this on, it's a macro project. The need is so large.
Anza Becnel of the Power Coalition

“I had this ticket over my head for a really long time,” she says. “I know I should be able to afford a ticket, but they grow so fast.” Smith, who now works in real estate, was also able to get her license restored at the first warrant clinic.

The event was almost too successful. Of the 1,300 people who showed up – far more than anyone expected – judges were only able to meet with about 600, though they stayed past midnight.

Stand With Dignity held a second warrant clinic in September 2017. That time, they issued numbers in advance to cut down on huge wait times. Still, people heard about the event and showed up without signing up.

About 1,500 people were able to get relief through the two clinics. Organizers estimate that some $2 million in fines were waived – but that the city also saved about $1 million in administrative costs by clearing out a backlog of old cases.

Advocates argue that it’s a net savings for the city, since the outstanding fines were unlikely to ever be collected. “This is money you’re never going to see, because you’re trying to get it from poor people,” says Ashley Shelton, executive director for the Power Coalition, which replicated the warrant clinic project in Baton Rouge and hopes to expand it elsewhere in Louisiana and across the South.

For Becnel, the overwhelming demand for the clinics was a sign of how big the problem is in New Orleans.

“To other organizers who want to take this on, it’s a macro project,” he says. “The need is so large, be prepared for a flood of people.” But the project also represented a major opportunity to build and strengthen community relationships.

For now, organizers in New Orleans are taking a more piecemeal approach, using the knowledge and connections they’ve built to support community members with resolving their back fines one by one in court. Stand With Dignity community organizers Latoya Lewis and Alfred Marshall have taken over the effort, patiently shepherding community members through the often Byzantine process.

***

Ultimately, with millions across the country driving on suspended licenses, the scale of the issue will require more systemic solutions. In 2017, California passed a law that prohibits state courts from suspending driver’s licenses because of unpaid traffic fines.

In Ohio, where an estimated 800,000 people are driving with suspended licenses, legislation under consideration would offer a six-month amnesty window on back fees for suspended drivers.

The very practice of suspending driver’s licenses for unpaid court fines is beginning to come under legal scrutiny. Over the past two years, lawsuits challenging the practice were filed in North Carolina, Montana, Michigan, Virginia and Tennessee.

In July, a federal judge ruled on the Tennessee lawsuit, finding that revoking driver’s licenses from low-income people for unpaid criminal court fines is unconstitutional. The state is in the process of reinstating suspended licenses.

U.S. District Judge Aleta Trauger wrote in the ruling: “If a person has no resources to pay a debt, he cannot be threatened or cajoled into paying it; he may, however, become able to pay it in the future. But taking his driver’s license away sabotages that prospect.”

Skeptics argue that the threat of license suspension is a powerful motivation to pay off fines and are dubious that the lawsuits will effect a change in other states. They argue that if the government isn’t constitutionally allowed to revoke a license over an unpaid fine, there’d soon be few circumstances in which the government could revoke a permit or license.

For those who get trapped in the cycle of unpaid fines and suspended driver’s licenses, relief seems most likely to come from state legislatures.

Mayes, the plumber, said that getting a fresh start has been a blessing for his family.

“I can do anything, I can apply for any job,” he says. “Not having a driver’s license, you’re kind of bound to certain things you can do. It’s so many different things, and now the door opens.”

___________

Keith Griffith is a journalist in New York City. In May, he wrote the Equal Voice story, “DACA Recipients: Diverse and Contributors. They’re New Americans.” Equal Voice is Marguerite Casey Foundation’s publication featuring stories of America’s families creating social change. With Equal Voice, we challenge how people think and talk about poverty in America. The text of this Equal Voice story can be reproduced for free, as long as proper credit and a link to our homepage are included. The contracted photographs for this story are under copyright protection.

2018 © Marguerite Casey Foundation

Lifting Barriers: New Orleans Organizers Help People Regain Driver’s Licenses

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