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Smart Summary

Factual and Procedural Background

George K. Gordon was cited multiple times between 1981 and 1983 for driving without a license, operating an unregistered vehicle, and failing to carry proof of vehicle liability insurance. Following a jury trial in February 1983, Gordon was convicted of failing to produce a vehicle registration and failing to exhibit proof of insurance. He was sentenced to thirty-five days in jail and fined $200, with fines suspended. Gordon appealed the convictions to the district court, which affirmed them. Additionally, Gordon filed a petition for declaratory relief seeking an injunction against further citations and a declaration of rights as a "freeman." The district court denied this relief. These consolidated appeals address both the convictions and the denial of declaratory relief.

Legal Issues Presented

  1. Whether state laws requiring vehicle operators to be licensed, to register their vehicles, and to carry insurance coverage are unconstitutional as applied to Gordon.
  2. Whether the constitutional right to travel exempts Gordon from these requirements given that he owes nothing on his vehicle and is not engaged in commercial travel.
  3. Whether Gordon is entitled to declaratory relief and an injunction preventing further citations based on his claims.

Arguments of the Parties

Appellant's Arguments

  • Gordon contends that the licensing, registration, and insurance requirements impermissibly infringe on his constitutional right to travel.
  • He claims that because he owes nothing on his vehicle and does not use it for commercial purposes, he should be exempt from these requirements.
  • He seeks issuance of a "certificate of competence" instead of a driver's license, free license plates, and exemption from insurance obligations.
  • He relies on constitutional principles and cases such as Hale v. Henkel and Thompson v. Smith to support his position that he should have special status as a "freeman."

Respondent's Arguments

  • The State maintains that the licensing, registration, and insurance requirements are valid exercises of the state's police power.
  • It argues that these requirements serve legitimate public purposes such as ensuring driver competence, protecting public safety, and guarding against financial irresponsibility on highways.
  • The State asserts that the constitutional right to travel does not exempt individuals from reasonable state regulation applicable to all residents.
  • The State relies on precedent affirming the constitutionality of these requirements and rejects Gordon's interpretation of cited cases.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Califano v. Aznavorian, 439 U.S. 170 (1978) Recognition of the constitutional right to travel, though the precise constitutional basis is unclear. Supports the acknowledgment of a constitutional right to travel but does not preclude reasonable state regulation.
Kent v. Dulles, 357 U.S. 116 (1958) Constitutional protection of the right to travel. Used to affirm the existence of a right to travel subject to regulation.
Crandall v. Nevada, 6 Wall. 35 (1858) Early recognition of the right to travel. Supports the principle that the right to travel exists but is subject to state regulation.
Adams v. City of Pocatello, 91 Idaho 99, 416 P.2d 46 (1966) Recognition that operation of a motor vehicle on public highways is a protected right and that state regulation is permissible. Supports the state's authority to require licensing, registration, and insurance as a valid exercise of police power.
Standish v. Department of Revenue, M.V.D., 235 Kan. 900, 683 P.2d 1276 (1984) Right to travel on highways is a privilege, not an absolute constitutional right. Supports the state's ability to regulate driving privileges.
Crocker v. Colorado Department of Revenue, 652 P.2d 1067 (Colo. 1982) Right to travel on highways as a privilege subject to regulation. Reinforces state's regulatory authority over motor vehicle operation.
Noe v. Dolan, 197 Colo. 32, 589 P.2d 483 (1979) State police power justifies insurance requirements for vehicle operators. Supports the constitutionality of insurance requirements under the state's police power.
Popp v. Motor Vehicle Department, 211 Kan. 763, 508 P.2d 991 (1973) Legitimacy of state-imposed vehicle insurance requirements. Affirms that insurance mandates are a proper exercise of police power.
State v. Reed, 107 Idaho 62, 686 P.2d 842 (Ct.App. 1984) Upheld the insurance requirement of the Idaho Motor Vehicle Safety Responsibility Act as constitutional. Resolved the issue regarding insurance requirements, rejecting claims of unconstitutionality.
Hendrick v. State of Maryland, 235 U.S. 610 (1915) States may impose uniform regulations on motor vehicle operation for public safety, including licensing and registration. Supports state authority to require licensing and registration as reasonable police power regulations.
Pawnee County Excise Board v. Kurn, 187 Okl. 110, 101 P.2d 614 (1940) Vehicle registration requirements further public health, safety, and welfare. Reinforces the legitimacy of registration requirements as police power exercises.
Hale v. Henkel, 201 U.S. 43 (1906) Corporations do not enjoy the same constitutional rights as individuals regarding self-incrimination. Court rejected Gordon’s reliance on this case to claim absolute freedom from regulation.
Thompson v. Smith, 155 Va. 367, 154 S.E. 579 (1930) The right to travel is a common right subject to police regulation; issuance and revocation of driving permits is a police power exercise. Supports the state's authority to regulate driving privileges without granting absolute freedom.
Califano v. Torres, 435 U.S. 1 (1978) The constitutional right to travel does not override a state’s power to enact laws uniformly applicable to residents. Affirms that state laws regulating travel may uniformly apply without violating constitutional rights.
Salibra v. Supreme Court of Ohio, 730 F.2d 1059 (6th Cir. 1984) Supports the principle that state regulations on travel and vehicle operation are valid exercises of police power. Further affirms the legitimacy of state regulatory authority over motor vehicle operation.

Court's Reasoning and Analysis

The court acknowledged that the constitutional right to travel exists but emphasized that this right is subject to reasonable state regulation under the police power. It examined the Idaho Motor Vehicle Safety Responsibility Act and related statutes, concluding that insurance, licensing, and registration requirements serve important public interests such as ensuring driver competence, protecting public health and safety, and preventing financial hardship from accidents caused by uninsured drivers.

The court rejected Gordon's claim that his status as a "freeman," owing nothing on his vehicle and not engaging in commercial travel, exempted him from these requirements. It found Gordon’s reliance on Hale v. Henkel and Thompson v. Smith misplaced, clarifying that these cases do not grant absolute freedom from state regulation. Instead, the court held that the state's uniform application of these requirements to all residents is constitutionally permissible.

The court also reaffirmed precedent upholding the insurance requirement and emphasized the legitimacy of licensing and registration as reasonable exercises of the state's police power to promote public safety and welfare.

Holding and Implications

The court affirmed the judgments of conviction against Gordon and upheld the district court’s denial of his petition for declaratory relief.

The effect of this decision is to maintain the enforceability of Idaho’s vehicle licensing, registration, and insurance laws as applied to Gordon, rejecting his claim for special constitutional exemption. No new precedent was established; rather, the court reinforced established principles that the constitutional right to travel does not exempt individuals from reasonable state regulations enacted under the police power.

George K. GORDON, Plaintiff-Appellant, v. STATE of Idaho, Defendant-Respondent. STATE of Idaho, Plaintiff-Respondent,

PER CURIAM.

These consolidated appeals present identical issues. Case number 15197 is an appeal from Gordon's convictions of failure to produce a vehicle registration, I.C. § 49-112, and of failure to exhibit proof of liability insurance, I.C. § 49-245. Case number 15092 is an appeal from the district court's denial of Gordon's request for declaratory relief. In both appeals Gordon argues that state laws requiring a vehicle operator to be licensed, to register his vehicle, and to carry insurance coverage are unconstitutional as applied to him. We affirm the judgments of conviction and the order denying declaratory relief.

Gordon was cited several times during 1981-83 for driving without a license, for operating an unregistered vehicle, and for failing to carry proof of vehicle liability insurance. Following a jury trial in February, 1983, Gordon was convicted of failing to produce a vehicle registration and of failing to exhibit proof of insurance. He was sentenced to thirty-five days in jail and fined $200 on the two convictions; the fines were suspended. On April 13, 1983, Gordon appealed to the district court, which affirmed the convictions on August 8. Gordon filed a petition for declaratory relief on May 28, 1983, seeking an injunction to prevent further citation by police authorities and a declaration of his rights as a "freeman." The district court in all respects denied relief to Gordon on his petition.

Gordon argues that the license, registration and insurance requirements impermissibly impede his constitutional right to travel and that other constitutional rights are infringed when these requirements are applied to an individual who owes nothing on his vehicle and who is not using the vehicle for commercial purposes. We are not persuaded.

It is well settled that the United States Constitution protects an individual's right to travel, although it is not always clear which constitutional provision affords the protection. See Califano v. Aznavorian, 439 U.S. 170, 99 S.Ct. 471, 58 L.Ed.2d 435 (1978); Kent v. Dulles, 357 U.S. 116, 78 S.Ct. 1113, 2 L.Ed.2d 1204 (1958); Crandall v. Nevada, 6 Wall. 35, 18 L.Ed. 744 (1858). The Idaho Supreme Court has held that a particular mode of transportation — the operation of a motor vehicle upon public streets and highways — is also a right protected by the federal and state constitutions. Adams v. City of Pocatello, 91 Idaho 99, 416 P.2d 46 (1966). Other jurisdictions considering the issue have declared the right to travel on public highways to be a privilege, not a constitutional right. E.g., Standish v. Department of Revenue, M.V.D., 235 Kan. 900, 683 P.2d 1276 (1984); Crocker v. Colorado Department of Revenue, 652 P.2d 1067 (Colo. 1982). Whether it is termed a right or a privilege, an individual's ability to travel on public highways is "subject to reasonable regulation by the state in the exercise of its police power." Adams v. City of Pocatello, 91 Idaho at 101, 416 P.2d at 48. See Noe v. Dolan, 197 Colo. 32, 589 P.2d 483 (1979); Popp v. Motor Vehicle Department, 211 Kan. 763, 508 P.2d 991 (1973).

The Idaho Motor Vehicle Safety Responsibility Act (MVSRA), I.C. § 49-1501 to -1540, requires vehicle operators to insure their vehicles "to protect the public using highways against hardship which may result from use of automobiles by financially irresponsible persons." Adams v. City of Pocatello, 91 Idaho at 101, 416 P.2d at 48. We have already determined the insurance requirement of the MVSRA to be a permissible exercise of the state's police power. State v. Reed, 107 Idaho 62, 686 P.2d 842 (Ct.App. 1984). Gordon argues not that his conviction for failing to exhibit proof of insurance is unconstitutional, but that requiring him to insure his automobile is unconstitutional. This issue was settled in Reed.

We believe that driver's license and vehicle registration requirements also constitute a legitimate exercise of the state's police power. See Hendrick v. State of Maryland, 235 U.S. 610, 35 S.Ct. 140, 59 L.Ed. 385 (1915) (a state may rightfully prescribe uniform regulations necessary for public safety and order in respect to the operation upon its highways of all motor vehicles and, to that end, it may require the registration of vehicles and the licensing of drivers). Licensing drivers is a means of determining that vehicle operators have acquired a minimal standard of competence. Requiring driver competence is a public purpose within the police power of the state, and the licensing procedure is a reasonable attempt to accomplish that purpose. The vehicle registration requirement also reasonably furthers protection of public health, safety and welfare and, as such, is a proper exercise of the state's police power. Id.; Pawnee County Excise Board v. Kurn, 187 Okl. 110, 101 P.2d 614 (1940).

As previously noted, Gordon does not contend the license, registration and insurance requirements are unconstitutional in all circumstances. Gordon believes the state should issue, without charge to him, a "certificate of competence" instead of a driver's license; that the state should also issue to him license plates free of charge; and that he is not responsible for insuring against loss that might result from his accidents. Gordon is constitutionally entitled to this special status, he argues, because he owes nothing on his vehicle and he is not engaged in commercial travel. He principally relies upon quotations from Hale v. Henkel, 201 U.S. 43, 26 S.Ct. 370, 50 L.Ed. 652 (1906) and Thompson v. Smith, 155 Va. 367, 154 S.E. 579 (1930) to support his position. The Supreme Court held in Hale that a corporation does not enjoy the same rights granted to an individual by the fifth amendment to the United States Constitution. Specifically, because a corporation is a creature of statute and it is vested with special privileges and franchises, it may not refuse to divulge information, based on the constitutional right to remain silent rather than make incriminating statements, in a criminal proceeding. In some circumstances an individual may enjoy greater protections under the constitution than does a corporation. But Hale in no way grants to individuals the absolute freedom from state regulation that Gordon insists upon. Nor does Thompson v. Smith, supra, support Gordon's position. Although the Thompson court declared the right to travel public highways to be an individual's "common right which he has under his right to enjoy life and liberty . . .," the court also stated that "[t]he exercise of such a common right the city may, under its police power, regulate in the interest of the public safety and welfare. . . ." Thompson v. Smith, 154 S.E. at 583. The city driver's license revocation ordinance at issue in Thompson was upheld except to the extent it granted broad discretion to the city's chief of police to revoke licenses. "The issuance and revocation of such [driving] permits by a city is merely a means of exercising the police power of the state delegated to the city to regulate the use of the public highways in the interest of the public safety and welfare." Id. Only by lifting statements from context and by ignoring difficult language does Gordon make Thompson, Hale, and other cases support his position. Providing similar examples from other cases cited by Gordon would only unnecessarily lengthen this opinion.

Although removing the lien placed on a mortgaged vehicle arguably elevates one to a new level of freedom, we do not believe the state or federal constitution exempts the "freeman" from the regulations imposed here through the state's legitimate use of its police power. The constitutional right to travel does not "destroy the independent power of each State under our Constitution to enact laws uniformly applicable to all of its residents." Califano v. Torres, 435 U.S. 1, 4-5, 98 S.Ct. 906, 908, 55 L.Ed.2d 65 (1978). See also Salibra v. Supreme Court of Ohio, 730 F.2d 1059 (6th Cir. 1984).

The judgments of conviction are affirmed, as is the order denying declaratory relief. No costs or attorney fees on appeal in either case.

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GORDON v. STATE
(May 29, 1985)