Updated 9/7: School’s Open, Drive Carefully
Today is the first day of school in most of NJ, and if you are a 17 year old, you are probably enjoying driving to school for the first time. Congrats! But be careful. On the way to work today I saw many idiots… er, careless people, none of whom was 17. If you are in an accident, you will be treated differently than the adult who cut you off. Be extra careful and don’t forget your stickers 
Updates 8/25: Does Anyone Care?
I had big hopes at the beginning of the summer that this fall we would mount a full out blitz on the Assembly and Senate Democrats (NJ’s Party of No) and get them to stop blocking repeal efforts. The Republicans have been taking the lead here, but my own State Senator and Assemblyperson, though Democrats, are on the side of Right.
As I said earlier, the courts are useless here; they have spoken. In addition, on the Executive side, Christie has his hands full. As a Republican, I believe he dislikes the “big government” aspects, if not the outright stupidity of the law, but to overturn the law by executive fiat would seem frivolous to the electorate while the whole state is going down the financial toilet, led by the pension plans (thank you, Christie Whitman).
So my last best hope is for the legislature to flip Republican in 2011, or that Asm. Wisniewski is not reelected. Either one would do it. I don’t care which.
Either way, by the time we get this repealed, my 17 year old won’t need the stickers she isn’t using.
Updates 8/6: on the topic of Proposition 8 (see 8/5 post), the judge who overturned the gay marriage ban in California is gay. Values groups say he should have recused himself. But does it make sense that a straight judge is more impartial on the issue of gay marriage than a gay judge?
Updates 8/5: Last week I wrote that we can’t expect the courts to overturn Kyleigh’s Law because it violates the Equal Protection Clause. That the clause had only been invoked to prohibit discrimination based on race or gender. That the clause has not been applied to left handed people, or gay people, or based on age. That those classes of people are unprotected.
Guess what I read in the NY Times today? The California Courts have struck down Proposition 8 (anti-gay marriage) based on the equal protection clause, stating that it is illegal to discriminate against gay people.
So maybe some court will also say that it is illegal to discriminate against teenagers.
But before I start burning my stickers, remember that the conservative Supreme Court is not likely to allow the ruling to remain. And that someone will make the case that gay people are better drivers than teenagers.
After fighting hard for 3 months, I don’t know if we’ll ever get the stickers repealed, but I feel the the legislative branch is our best hope because only one person in the state of NJ is blocking repeal: Asm. Wisniewski. Had Mr. Wisniewski not been the head of the NJ Democratic Party, I would not be wasting my time talking about stupid red stickers.
In Same-Sex Ruling, an Eye on the Supreme Court
By JOHN SCHWARTZ
Appeals court judges and the justices at the Supreme Court could find themselves boxed in by Judge Vaughn R. Walker’s opinion striking down California’s ban on same-sex marriages.
Updates 7/30: When the law took effect on May 1st, I put this poll online. The final results are shown below, listed by most popular first. The percentages remained pretty consisten through the 3 months that it was running: about 60% refusing to comply; about 25% complying under duress; and the rest either thought it was a good idea or did not have kids.
Will you put a sticker on your license plate?
No, I feel the law is unjust (62%, 121 Votes)
Yes, but I feel the law is unjust (25%, 49 Votes)
No, I do not have any teenage drivers (10%, 20 Votes)
Yes, I think the law is a good idea (3%, 4 Votes)
Total Voters: 194
Updates 7/26: It’s the middle of summer and it seems like the blogosphere has forgotten about Kyleigh’s Law. Well I haven’t.There are 3 branches of government, so potentially 3 ways to get the law stricken. This week, I start with Judicial.
I had another conversation with the folks from NJ ACLU and they again declined to get involved. They declined because “driving is a privilege not a right.” I regard an answer like that as the refuge of the small minded or the apathetic. I won’t venture a guess as to which characterizes the NJ ACLU. That argument is the legal equivalent of a mother saying, “Why? Because I said so!” It allows discrimination against any person or group of people, without requiring the discriminator to justify his or her discrimination.
Shouldn’t a driver be judged by their achievements, like passing their drivers test? Or their performance, like a clean driving record? Shouldn’t they be judged by the content of their character, not the age of their skin? I always thought the “equal protection clause” of the Constitution guaranteed that.
In reading more about equal protection, I found out that the Supreme Court of the United States has only ever used the clause to protect two classes of people: women and racial minorities. It is perfectly legal to discriminate against left-handed people or Polish people (who are Caucasian) or of course gay people.
For that reason, I don’t hold out any hope for a judicial remedy. Next week: the Executive Branch.
Updates 7/16: This is not about Kyleigh’s Law, but Sen Codey is introducing a bill to increase penalties for using a cell phone without a hands free device while driving: the penalty is already $100 for the first offense, but the bill would make the second offense $250, and the third offense would be $500 and a suspension of your license. Believe it or not, it is illegal to drive with your cell phone stuck to your ear!
Actually, this law I can agree with. It does not discriminate against teenagers and it is just increasing penalties for an existing law. An adult using a cell phone is more dangerous than any teenager. Maybe they should make cell phone users put stickers on the license plates?
Updates 7/13: I was explaining Kyleigh’s Law to a coworker from New York (Long Island). He said, “Good idea. The kids are stupid and need to be controlled. Not yours, of course.”
He and agree that my kids are fine, not stupid like “the rest of them.” As for his, maybe he knows better than me. His daughter is an adult, but has a DUI, is a single mom, on public assistance. That doesn’t make her a bad person, but maybe she was not the most responsible teenager on the planet.
Which brings me to my Vietnam analogy: when I was 17 I was waiting to go to Vietnam and be killed (I was never called). “Were we”, I asked him, “more mature than today’s kids so that we could be made to fight in a war, but today’s kids are not mature enough to drive a car?” “Yes,” he answered.
Updates 6/30: Well I broke down and bought a pair of those darn stickers. But let me explain. Since May 1st I have been writing, phoning, blogging, facebooking, doing anything I can think of to get the stickers repealed. Yet as I write this I am staring at a pair of reviled stickers on my desk. You see my daughter is taking her road test soon. My daughter, the very reason why I am so mad at this stupid law and the equally stupid people who passed it and the evil people who labor in dark dungeons (did I tell you that they are the Assembly Democrats?) to keep it from being repealed despite the overwhelming will of the people to do so. (Sigh)
Updates 6/28: I was very disappointed to hear from the NJ ACLU that they have no position on Kyleigh’s Law. After all, they are the American CIVIL LIBERTIES Union. This should be a no brainer for them. I did not think to ask them why they have no opinion. Maybe I’ll call them back and try to get a rationale for their position, but it seems to me that whenever the majority oppresses the minority, the ACLU should be there to raise a stink. What good are they if the stand up for right wing hate speech, but won’t protect our teenagers?
I have also been in contact with the National Youth Rights Association (www.youthrights.org), and they are against stickers. They have a national membership of 15,000, but I’m not sure how strong their NJ membership is. We are trying to collaborate on some kind of action or event.
I dropped a line to the Libertarians, but have not heard back yet.
It is logical to assume that the reason for the overwhelming Democratic support of a universally unpopular position was due to Asm. Wisniewski, head of the party, rallying the troops. I still don’t understand why. Repeal is inevitable, be it 10 days from now or 10 years from now. Many good Democrats will lose their seats next year because of this absurd position.
Updates 6/22: These Assembly Members Stopped Sticker Repeal Yesterday
How do you feel about that? If you’d like to let them know, here is a complete list of the 43 members of the Assembly who voted to block the decal repeal yesterday:
Assemblyman Peter Barnes (D) District 18 (732) 548-1406
Assemblyman John Burzichelli (D) District 3 (856) 251-9801
Assemblyman Ralph Caputo (D) District 28 (973) 450-0484
Assemblyman Anthony Chiappone (D) District 31 (201) 436-0473
Assemblyman Upendra Chivukula (D) District 17 (732) 247-3999
Assemblyman Herb Conaway (D) District 7 (856) 461-3997
Assemblyman Jack Conners (D) District 7 (856) 461-3997
Assemblyman Craig Coughlin (D) District 19 (732) 855-7441
Assemblyman Albert Coutinho (D) District 29 (973) 589-0713
Assemblyman Joseph Cryan (D) District 20 (908) 624-0880
Assemblyman Wayne DeAngelo (D) District 14 (609) 631-7501
Assemblyman Patrick Diegnan (D) District 18 (908) 757-1677
Assemblyman Joseph Egan (D) District 17 (732) 249-4550
Assemblywoman Elease Evans (D) District 35 (973) 247-1521
Assemblyman Angel Fuentes (D) District 5 (865) 742-7600
Assemblyman Thomas Giblin (D) District 34 (973) 779-3125
Assemblyman Jerry Green (D) District 22 (908) 561-5757
Assemblyman Louis Greenwald (D) District 6 (856) 435-1247
Assemblyman Reed Gusciora (D) District 15 (609) 292-0500
Assemblywoman Mila Jasey (D) District 27 (973) 762-1886
Assemblyman Gordon Johnson (D) District 37 (201) 541-1118
Assemblywoman Pamela Lampitt (D) District 6 (856) 435-1247
Assemblyman Charles Mainor (D) District 31 (201) 536-7851
Assemblyman John McKeon (D) District 27 (973) 275-1113
Assemblywoman Sheila Oliver (D) District 34 (973) 395-1166
Assemblywoman Nellie Pou (D) District 35 (973) 247-1555
Assemblyman Vincent Prieto (D) District 32 (201) 770-1303
Assemblywoman Joan Quigley (D) District 32 (201) 217-4614
Assemblywoman Annette Quijano (D) District 20 (908) 624-0880
Assemblyman Ruben Ramos (D) District 33 (201) 714-4960
Assemblywoman Celeste Riley (D) District 3 (856) 455-1011
Assemblywoman Caridad Rodriguez (D) District 33 (201) 854-0900
Assemblyman Frederick Scalera (D) District 36 (973) 667-4431
Assemblyman Gary Schaer (D) District 36 (973) 249-3665
Assemblywoman Grace Spencer (D) District 29 (973) 624-1730
Assemblywoman Linda Stender (D) District 22 (908) 668-1900
Assemblywoman Cleopatra Tucker (D) District 28 (973) 926-4320
Assemblywoman Valerie Vainieri Huttle (D) District 37 (201) 541-1118
Assemblywoman Joan Voss (D) District 38 (201) 346-6400
Assemblywoman Connie Wagner (D) District 38 (201) 576-9199
Assemblywoman Bonnie Watson Coleman (D) District 15 (609) 292-0500
Assemblyman Gilbert Wilson (D) District 5 (856) 742-7600
… and last and certainly least, the man with the plan…
Assemblyman John Wisniewski* (D) District 19 (732) 432-8460
I am disgusted.
6/21/2010 Motion To Table (Cryan) (43-35-0)
6/21/2010 Passed by the Assembly (57-21-2)
Schroeder’s Motion would have repealed the stickers. It was tabled by a motion by Cryan (carried 43-35). Then the original bill passed 57-21-2. While I’m very disappointed, we might have repealed stickers if just 5 people had switched their vote.
It is clear that no amount of public pressure will force Asm. Wisniewski to do the will of the people. Asm. Wisniewski is in charge of the State Democratic Party, so no use trying to pressure the Democratic leadership. Ultimately we will have to a Republican to replace Wisniewski in the 19th LD next November. Or if the Republicans take over the Assembly next year, Asm. Wisniewski will no longer be in charge of the Transportation Committee. Either way is fine with me I just want stickers repealed.
Updates 6/12: Thanks Asw. Muñoz for supporting today’s floor amendment. Her reply to my email of Friday:
Thank you for contacting me and sharing your concerns with Kyleigh’s Law which was first introduced in February, 2007 and as you know, enacted on May 1, 2010. I was not a member of the General Assembly when this law was passed however, I too have concerns regarding the safety of our children with the display of decals on their vehicles.
As you know, on May, 6, 2010 Assemblyman Schroeder introduced A-2650; legislation that when passed will remove the requirement that a holder of a special learner’s permit, examination permit and probationary drivers license display a decal on their vehicle; I am the first co-sponsor of this legislation and I will continue to work towards its passage and I will support any floor amendments offered by Assemblyman Schroeder to facilitate the repeal of the decals from our children’s vehicles.
Again, thank you for contacting me on this matter of mutual concern.
Sincerely,
Nancy F. Muñoz
Assemblywoman
Updates 6/18: There is a chance to get something going on Monday, according to Asm. Robert Schroeder. We need an email bomb NOW! Email addresses below. We have the chance to circumvent Asm. Wisniewski. Shroeder says,
Updates 6/17: Good Guys.
If Assemblyman Wisniewski is the super-villain in our Kyleigh’s Comic Book, defiant, arrogant, working against the will of the people, then there must be super heroes in the book, too. Right? Well here are your super-heroes. Each one of them is pledged to repeal the sticker provision. There are so many of these super-heroes that it is hard to believe that our arch-nemesis can hold off the powers of good singlehandedly, but so far that has been true. But you know that the good guys always win in the last panel.
These are your super heroes: thank them, vote for them, make campaign contributions, bake cookies for them!
Asm. Robert Schroeder
Asw. Charlotte Vandervalk
Asm. Michael Patrick Carroll
Asw. Joan Voss
Asm. Domenick DiCicco, Jr.
Asw. Nancy Munoz
Asm. Scott Rumana
Asm. Jon Bramnick
Asm. Vincent Polistina
Asm. John DiMaio
Asw. Denise Coyle
Asm. Scott Rudder
Asm. Alex DeCroce
Asm. Jay Webber
Sen. Thomas Goodwin
Sen. Kevin O’Toole
Sen. Sean Kean
Sen. Michael Doherty
Sen. Christopher Bateman
Sen. Joseph Pennacchio
Asm. Matthew Milam
Asm Nelson Albano
Sen. Jeff Van Drew
Asw. Linda Greenstein
Asm. Wayne DeAngelo
Updates 6/13: I have not received a reply to my many inquiries of the Assemblyman and no action is taken. At tomorrow’s committee meeting they will NOT be discussing repeal. I expect nothing less from someone who thinks that his opinions are more important than dozens of legislators and millions of New Jerseyians. If you live in Carteret, Woodbridge, Perth Amboy, South Amboy, or Sayreville, would you consider running against Assemblyman Wisniewski in November, 2011? I feel confident that Facebook could generate $100,000 of campaign contributions for anyone willing to take a stand and run against the Assemblyman in the Democratic primary or as a Republican in the general election on November 8, 2011. I don’t care who it is or what other positions they have, I will donate to his opposition in both the primary and general election.
Assembly Transportation, Public Works and Independent Authorities
Monday, June 14, 2010 – 10:00 AM
Meeting – Committee Room 11, 4th Floor, State House Annex, Trenton, NJ
Updates 6/8:
We have power, too. We must must use that power now and also in November 2011. There has to be some political penalty for one person defying the will of 8,707,739 people.
As I mentioned in an earlier post, municipalities across the state have begun passing Mayor & Council resolutions supporting my legislation to immediately repeal the decal requirements set forth under Kyleigh’s Law.
I will keep a running list here of those towns who have passed resolutions. As of June 4, 2010:
Berkeley Heights Township, Fair Lawn, Montvale, Cranford, Norwood, Oceanport, West Milford
I will continue to update this list as I receive notifications regarding the resolutions. Municipalities can fax a copy to my office at 201-391-3675, or mail it to me at 123 Broadway, 2nd Flr., Woodcliff Lake, NJ 07677.
In my humble opinion, this is even stupider than the original Kyleigh’s law: the cops will not know if a teenager is driving only that a teenager might be driving. In my house there will be 3 cars and 3 drivers, one of whom is a teenager. 33% chance that a teenager is driving any one of the cars. This is worse than useless because you think the information is useful, but it is not.
Again, in my humble opinion, this is just a lame attempt to get rid of the sticker requirement by people who just can’t seem to let go of the idea that something has to be done to control these teens. Give it up. The stickers are dead, you just don’t know it yet.
In my own poll 59% are actively ignoring the law; 31% are complying under duress, and 2% think it a really great idea. I hear 8% think that Elvis is still alive so 2% is not that impressive.
Again, I urge you to call your legislator and say that you want, at a minimum, repeal of the sticker requirement. And no invisible decals. Maybe we can get some invisible legislators.
Sen. Girgenti: I sent an email
Thank you Sen. Mike Doherty 5/25:
Thomas,
Since you contacted my office in opposition to the sticker required for teen-drivers under Kyleigh’s Law, I have received many phone calls, e-mails, and letters calling for a repeal of the requirement. Upon careful consideration of the comments I have received on the topic I have decided to co-sponsor Senate Bill S-1908, which repeals the sticker provision of the law.
Thank you for contacting my office and providing your insight, which was very helpful in the formulation of my decision to co-sponsor Senate Bill S-1908.
Please do not hesitate to contact me in the future if you have concerns on other State matters.
Regards,
Mike Doherty
Senator Nia H. Gill, Esq. Democrat
Sen. Gill does not have a position on repeal/modification.
Sent email as followup.
Asm. Scott Rumana who represents verona sent me the following on 5/17:
Dear Mr. Jung,
Thank you for your e-mail regarding your thoughts and concerns with Kyleigh’s law. I share your belief that requiring young drivers to attach a decal to their license plate is problematic. To rectify this situation I am co-sponsoring A2650, which will eliminate the decal requirement.
Again, thank you for your input and please feel free to contact my office with any other questions or concerns.
Very Truly Yours,
Scott Rumana
Assemblyman 40th District
See where the elected officials stand… full list below.
Visit the Facebook page: Kyleigh’s Law – 18 year olds can vote!
An adult with a DWI conviction has more rights than a 17 year old with a perfect record. I find this, shall I say, offensive. You should, too. Take our survey… are you using stickers? All members of the NJ legislature are up for reelection in November 2011. Many current 16 year olds and all current 17 year olds can vote in that election.
The following people can fix this. Call them and make them know how you feel. Call them until they talk to you. Don’t give up.
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Tom started Verona Living in 2002, and is also responsible for many other sites in the area. 
