Florida Gubernatorial candidate Adrian Wyllie continues his fight against Real ID and the State of Florida in court tomorrow, July 18, 2014 at 1:30 p.m. He will be in a hearing at the Pinellas County Justice Center in Clearwater, Florida to dismiss the state's charge against him for traveling for personal purposes without their permission. Should the judge rule in favor of his motion, then Real ID will have been found to be unconstitutional in Florida. If the judge denies the motion, there will be a jury trial in August. Wyllie is facing Rick Scott and the Democratic primary winner (Charlie Crist or Nan Rich) in the general election in November, 2014 to be Florida's next governor.
Wyllie will argue the rules governing the issuance of driver's licenses in the State of Florida violate the United States Constitution. Those rules, as many Floridians have come to realize involve submitting a large amount of personal documentation as well as getting a facial recognition photograph taken of one's self in order to comply with what is widely seen as a violation of the Fourth Amendment. The photograph and documents are then sent to a central national database for use by the federal government.
The pioneer of the facial recognition technology, Joseph Atick, is now warning against their widespread use. It is not known what case law and information Wyllie will present to the court in tomorrow's hearing; however, unknown to the general public, there are and extensive number of U.S. Supreme Court decisions noting Americans are not required to have a driver's license. Florida statute states that anyone operating a motor vehicle on Florida roadways must ask permission from the government to drive on those roadways. Yet, that does not seem to comport with the U.S. Constitution and previous U.S. Supreme Court rulings that only allow for required drivers licensing for those traveling for commercial reasons.
The Supreme Court has ruled Americans have a right to travel the public roadways. They have also ruled, Americans cannot be charged a fee to exercise their rights under the U.S. Constitution. State of Florida statute considers driving on public roadways a privilege, contrary to U.S. Supreme Court decisions where it has consistently found "The use of the highways for the purpose of travel and transportation is not a mere
privilege, but a common and fundamental Right of which the public and the individual
cannot be rightfully deprived."
Wyllie famously surrendered his drivers license on May 17, 2011 and, like many who do not agree to the validity of drivers license requirements, has been driving without one ever since. He had traveled tens of thousands of miles when he was arrested in early May, which now give him proper legal standing to fight the unjust regulation. Wyllie even took the extended measures to call the police to let them know his is driving without a license with his specific location, yet they would not cite him.