| As Nonbinary
Saba Sued For Gender X License NYS Calls
It Moot Now Moves To Dismiss
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Dec 16 – Sander Saba sued
New York Governor Andrew Cuomo
and his Department of Motor
Vehicles as a nonbinary
transgender New York resident
who wants a driver's license
that accurately reflects their
nonbinary gender identity by
using the gender marker
"X."
On November
6, 2020 U.S. District Court
for the Southern District of
New York Judge Lewis J. Liman
held a proceeding. Inner City
Press covered it.
The governmental
defendants wanted a total stay
of discovery.
Judge Liman
agreed but only partially. He
will allow Saba through
counsel to depose an official
of the DMV.
At first he said
the questions should be sent
to him in advance, then
thought the better of it.
Let the State
complain if they do not like
the questions. He declined to
delay the time to oppose until
after the deposition.
On November 11,
the DMV's Gregory Kline filed
a declaration which changes
his earlier statement based on
which the State argued the
case was moot. Kline has said
that legacy computer system
was being changed to obvious
the need for a gender
selection.
Kline
states that since October 29,
"DMV has resolved to modify
its existing system rather
than replace the existing
system in order to enable DMV
to simultaneously focus
efforts on expanding the
availability of certain remove
services that will eliminate
the need for in-person DMV
office visits... However, this
change will not negative
impact DMV's goal to allow DMV
to create a license record
without the need for an
applicant to make a binary
'male' or 'female' gender
selection." But he does not
say how.
Now on
December 16 the State, by its
Attorney General, has moved to
dismiss Saba's complaint,
including an email offer that
it made to give a manual
license, not automated. The
State says this is a new
demand and that no live case
or controversy remains.
Watch this site.
The case is Saba
v. Cuomo et al., 20-cv-5859
(Liman)
***
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