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Federal judge puts sovereign citizens on notice: You need an actual driver's license to get behind the wheel in Massachusetts

A federal judge on Friday not only dismissed a Worcester man's latest lawsuit against two police departments for arresting him for driving without a license, he warned that if he tries to sue them again, he could face sanctions and even fines.

In the latest of three suits against the Paxton and Quinsigamond Community College police departments, Kevin Dela Kemeh had been seeking $1.5 million on the grounds that he wasn't "driving" a car but only "traveling" behind the wheel of it, since he was not engaged in any sort of commerce and that laws related to driving can only be enforced against truck and ride-share drivers and the like, not people simply pursuing the constitutionally protected freedom of "traveling." So his arrests after he tried to use his passport as his proof of being an American man were actually "kidnappings" and the Registry's refusal to rescind the learner's permit he had somehow been convinced to apply for was "involuntary servitude."

Sovereign citizens love making a big deal of the supposed difference between "driving" and "traveling." In one of his filings, Kemeh asserted:

The right to travel is simple, it is like riding a bike, except you are in an automobile. You are simply going from point A to point B. As long as one is not engaged in commerce (for profit) in an automobile all men and women can travel freely without a license. The right to travel in a private automobile is a natural inalienable right that is secured in the United States and Massachusetts constitution. Going from place to place freely everyday is an essential right.

The purpose of a Driver's License is for commercial (for profit) activity. The notion that you [need a "license" to quot on quote ["drive"] is merely a fiction of the mind (sic).

Yeah, no, enough's enough, US District Court Judge Timothy Hillman wrote: Getting behind the wheel of a car is a privilege, not a right.

Kemeh's claims against all Defendants in these cases are based on a fundamental misunderstanding or deliberate refusal to recognize Massachusetts law regarding the privilege of driving a motor vehicle on public ways. More specifically, it is clear from his submissions in these cases that Kemeh is taking the position that he is not required to have a valid driver's license to operate a "private" motor vehicle in the Commonwealth (and elsewhere) and is not required to register or insure his "private" motor vehicle. Kemeh is incorrect as all are requirements for driving any motor vehicle, including a "private" vehicle, on a public way in Massachusetts. See Mass.Gen.L., ch. 90, §§ 9, 10, 34(J). Failure to comply with these laws is a criminal offense. Moreover, under Massachusetts law, all private motor vehicles are required to have a vehicle identification number. See Mass. Gen. L., ch. 90, §§2-5, 7(R). Accordingly, The alleged actions taken by the Defendant police officers of impounding his vehicle, confiscating and destroying his license plates (which were not official plates), and arresting him were lawful under the circumstances.

In a footnote, Hillman - whom Kemeh specifically asked not be assigned his case, but was, anyway - added:

The Court notes some of the observations made in this opinion are [not directly related] to the issues before it, however, they have been addressed only because of the concern that given Kemeh's apparent misunderstanding of the legal requirements for driving a motor vehicle in this Commonwealth (and generally in this country), he may subject himself to future traffic stops and arrests. Kemeh is advised to seek counsel regarding such legal requirements before continuing to drive a motor vehicle. Moreover, Kemeh is now on notice (if he wasn't before) that any future suit filed against any individual or entity based on his abject misinterpretation regarding the law applying to operation of motor vehicles will be reviewed to determine whether such suit is frivolous and/or vexatious. If the Court determines that such suit is frivolous or vexatious, Kemeh will be subject to summary dismissal of the complaint and/or monetary sanctions.

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Comments

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Similarities:

1. Belief that a person is the center of the universe
2. Belief that laws do not apply to the person
3. Poor psychological health
4. An ironic byproduct of a healthy society that tolerates fundamentally unhealthy, bordering on amoral, beliefs.
5. An individual manifestation of a belief system that claims the singular person or homogenized group (e.g., Protestant Evangelicals) are superior to all others.

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Voting closed 46

That means the judge is fed up with this guy and his crazy lawsuits.

A remedy that could be used more often. :-)

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This is long settled law.

The last guy to be brushed off by SCOTUS on this issue made all sorts of arguments about being prohibited from freely moving around. But nobody was imprisoning him, keeping him from walking or biking or getting rides or hiring a taxi or taking trains or buses.

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Voting closed 20

Apparently there is no such thing as settled law. Drag it out until you a judge that will see things your way just like SCOTUS.

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.

Had it up to a beaver's knees with them!

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Voting closed 10

He’d presumably make it a hit and run if his car was still working, irrespective of personal or property damage.

But even if he stuck around, image how aggravating it would be for the other party.

If he’s caught drive again (which he obviously will) I sure hope he’s imprisoned for a while.

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Voting closed 20

they "travel"

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Voting closed 12

Do they operate a motor vehicle on a public way?

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Voting closed 7

Dude bombed the Oklahoma City Federal Building, but they found him "travelling" away when he was pulled over in a car without license plates.

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Voting closed 10

You can tell Moors by the way they use Bey or El in, or as, their last name.

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All Moors are sovereign citizens, but not all sovereign citizens are Moors.

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This dude seems to be rather unmoored from reality.

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Puns aside, you gotta wonder if any of them believe this bullshit, or if they're all 100% cynical.

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That is how the Freemen think. I don't need a license because I'm free to travel, a license I will obey your fake rules. I don't need a license to fish, I'm only fishing for the ones that God put in that lake. I don't need a permit to Carry, see 2nd Amendment. I don't need stay within speed limits, those are suggestive speeds for those that agreed to follow the rules (licensed drivers)
Pretty much, I don't need a license to do anything. Most will not hold bank accounts and will not allow employers to withhold taxes, FICA etc. Sadly, they usually bog down court systems until their cases are dismissed. Most judges do not want to deal with them.

Freemen, is a loose group of individuals who believe that they are bound by statute laws only if they consent to those laws. They believe that they can therefore declare themselves independent of the government and the rule of law, holding that the only "true" law is their own idiosyncratic interpretation of "common law".[3] The freeman on the land movement also advocates schemes to avoid taxes which it considers to be illegitimate.

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It kind of sucks that so much of our country is basically only accessible by car, without sidewalks or public transit. Even some very populated places. That does make it hard to travel if you can't or don't want to drive and own a car.

I'd rank Massachusetts below average in this regard, except for the cities and towns in the core MBTA bus and subway service area. There's too many towns with zero transit, suburban sprawl areas with no sidewalks or miles between places to walk across a major road, etc. Other states do much better at this in outer suburbs and rural areas.

But the solution is not to let everyone drive without any regulation.

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Voting closed 4