Federal Court Lawsuit Leads to Policy Changes for DC Residents Seeking Drivers Licenses; Residents Who Brought Suit Receive Payments

In a step forward for fairness in DC’s fines and fees system, a 2022 federal court constitutional challenge brought by Tzedek DC and pro bono co-counsel at Venable LLP on behalf of DC resident clients has led to the DC Government agreeing to end its longstanding policy under the Clean Hands Law to automatically disqualify residents from obtaining or renewing a driver’s license as punishment for unpaid fines and fees of over $100. The District has announced that policy on the DMV website, https://dmv.dc.gov/, and in a DMV newsletter and social media post.

In addition, Tzedek DC is pleased to announce that the DC Government agreed to reimburse a portion of Tzedek DC’s and Venable’s pro bono attorneys’ fees, and that families of the individual former plaintiffs in the case are each receiving up to $3,000 to help them pay off their fines and fees or otherwise stabilize their finances.

These results followed the U.S. District Court for the District of Columbia’s December 2022 ruling in the case Parham v. District of Columbia. There, the Court ordered the DC government to immediately stop enforcing the Clean Hands Law against residents applying to obtain or renew a driver’s license while owing over $100 in fines or fees to the District.

In the case, Tzedek DC and Venable challenged the constitutionality of the District’s Clean Hands Law on behalf of a number of DC residents disqualified from obtaining driver’s licenses due to unpaid fines and fees. In granting the motion for a preliminary injunction, U.S. District Judge Colleen Kollar-Kotelly found that our clients had demonstrated that they were likely to succeed in their argument that the law violated constitutional guarantees of due process because the District was automatically disqualifying individuals with no opportunity for a hearing. The Court found that they “are just some of the tens of thousands of DC residents who have been barred from receiving driver’s licenses under the Clean Hands Law.” Citing a report by the DC Council’s Office of Racial Equity, the Court noted that “ending the application of the Clean Hands Law to driver’s licenses will likely improve… [the] quality of life outcomes for Black residents who have a debt to the District government,” and will “mitigate the burden on D.C. residents with disabilities, those who lack stable housing, and those who are struggling to maintain steady employment.”

Carlotta Mitchell, one of the DC residents who shared her story and was a plaintiff in the case, said, “It's a new lease on life… I have had a permit and a driver's license since I was 16 years old. So when I was stripped of my driver's license, I felt empty. A sense of belonging had been taken away.”

Another plaintiff, Victor Hall, is a DC native and a veteran who served for 14 years as a reservist with the DC National Guard and in active duty as a sergeant with the U.S. Army. Due to the Clean Hands Law, Mr. Hall has faced daily hardships because he could not legally drive. He had to rely on friends or expensive rideshare services for rides to his medical and physical therapy appointments and to visit family members. Mr. Hall, who recently obtained a driver’s license and has begun a new job search, said, "I appreciate the [advocacy team’s] time and effort. There are a lot of people out there who need their driver's licenses."

*Mr. Hall displaying his new driver’s license.*

Ariel Levinson-Waldman, Tzedek DC's Founding President and Director-Counsel, said, “The Court’s ruling recognized and halted the unconstitutional impact that the Clean Hands law was having on DC residents’ ability to find and get to work, take care of loved ones, and manage their daily lives. We have been honored to represent these community members as they fought this fight and catalyzed change that benefits tens of thousands of DC residents burdened by fines and fees. The public owes them a debt of gratitude."

Public Advisory: A law that the DC Council passed in mid-2022 abolished the application of the Clean Hands Law to driver’s licenses, effective October 1, 2023. However, thanks to the Court’s ruling and the resulting settlement, the policy change has been made by the DC Government and has already taken full legal effect. Tzedek DC encourages DC residents who have been previously disqualified from obtaining their driver’s license due to fines and fees to apply to the DC DMV and to call us at 202-274-7386 with any questions.