U.S. District Court judge Aleta Trauger has ruled against the state in a case seeking to overturn oppressive use of driver license revocations. (Photo Vanderbilt law school)
Gov. Bill Haslam and his commissioner David Purkey received March 6 a registered copy of the enclosed administrative notice about Tennessee law and its recognition of the right to travel on the people’s roadways by car or truck.
Transportation administrative notice makes clear — by Tennessee and U.S. cases and the Tennessee code itself — that transportation is a subset of travel, and that travel is an activity free to private Individuals who are not using the roadways for profit.
By David Tulis / 92.7 NoogaRadio
Administrative notice is part of my review as radio journalist and legal blogger of the abuses by state government of Tenn. Code Ann. Title 55.
U.S. District Court judge Alita Trauger says in her Tennessee court debt and driver license revocation ruling that the Tennessee high court defines travel as solely the right to relocate one’s domicile interstate.
But administrative notice lays out how state law and USC 49 protect private travel, and that travel encompasses many forms of private and personal movement along the roadways, which she rightly describes in her ruling as serving personal, private and pleasure-oriented interests and necessities.
In contrast, transportation is the for-profit use of the people’s roadways, and subject to regulation in the public interest.
Gov. Haslam makes it a practice to criminally prosecute private and noncommercial users of the road — as plaintiffs Thomas and Hixson would surely be harassed if they got into their cars and buzzed down the road. This notice intends to secure the rights of the people despite the Tennessee judiciary’s legal fictions denying them; it personalizes these claims one department at a time, one cop at a time.
Gov. Haslam acts in bad faith, personally and outside the scope when he and other defendants in this case prosecute any private traveler not subject to or liable to performance under Title 55.
I urge Judge Trauger and others to take administrative notice of this matter, which would go far to solve the Thomas and Hixson claims to their rights against Tennessee state government.
