Questing for Atlantis

Gregg Trautmann’s lawsuit seeking to overturn Kyleigh’s Law was dismissed after a 40 minute court hearing today:

In a 40-minute ruling, Judge Robert Brennan ruled there is nothing unconstitutional in requiring holders of a Graduated Driver License — primarily teenagers — to affix a decal to their front and rear license plates.

“Operating a motor vehicle is not a right. It is a privilege, subject to state regulations,” Brennan said inside his fourth-floor courtroom.

Rockaway attorney Gregg Trautmann, who filed suit on behalf of his teenage son and nephew, said afterward that he would appeal the ruling — perhaps as soon as Monday.

The judge denied his request to delay the implementation of Kyleigh’s Law on May 1.

I would only note that driving a motor vehicle can (or at least should) only legitimately be considered a privilege granted by the state when the driving is on state roads. Unfortunately, considering the effective government monopoly on roads, I think this calls somewhat into question how far government should be allowed to go in regulating that privilege.

Trautmann has said he will appeal the decision. I can only hope that he finds a more receptive court on the appeal.

On a positive note though, Tom Dillon, a young opponent of Kyleigh’s Law is to be commended, both for taking the time to attend the hearing and for his respectful dialogue with Kyleigh’s mother (the force behind the law):

After the hearing, she was approached by Tim Dillon, am 18-year-old high school senior from Franklin Park who said he founded a Facebook group in opposition to Kyleigh’s Law.

Dillon expressed sympathy for her loss and said he never intended to be disrespectful.

He told a reporter that he disagreed with the judge’s ruling, saying, “I don’t think a sticker on a car will change how people drive.”