Blind mom sues over legal roadblock

Daughter, 15, stuck in neutral due to law in driving case

Hector Gutierrez, Rocky Mountain News

Published May 3, 2005 at midnight

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A 15-year-old girl who got her minor's instruction permit in October has yet to take to the road.

Juliana Barber's mother is blind and doesn't qualify to supervise her daughter when she drives because of her disability.

Marcia Barber, Juliana's mom, thought she had found a solution by asking her 80-year-old grandfather, who has a valid driver's license, to be in the car when her daughter drives.

The problem, Colorado motor vehicle officials told the Colorado Springs family, is that Juliana's grandfather is not a legal guardian, and state statute requires that a 15-year-old student with a permit be supervised by a licensed parent, stepparent or guardian.

Juliana's mother says she is being discriminated against because of her disability and has sued the Colorado Department of Revenue in U.S. District Court. The revenue department oversees the motor vehicles division.

Marcia Barber's 13-year-old daughter, Madeline, is named as a plaintiff because the family fears that when she turns 15 and obtains her minor's permit, she also will be restricted from driving.

In the lawsuit filed Monday, Marcia Barber argued that as a mother and the only guardian of her two daughters she should have the right to delegate a licensed family member or friend to supervise her children's driving. Her daughters' father lives out of state.

The lawsuit also alleges that because of her disability the state should have made a "reasonable modification" under the Americans with Disabilities Act to permit her the right to delegate any licensed family member or friend to accompany her daughter when she operates a motor vehicle.

That is a key point of contention because Colorado Attorney General John Suthers told Marcia Barber he was prevented from accommodating her daughter's situation because of the state law.

"I've made a concerted effort for many years to make sure that my children are not handicapped on account of my disability," Marcia Barber, 50, said Monday. "This is the first time I've hit a brick wall where I have not been able to give them access to the rights all other kids have."

Kristen Hubbell, attorney general spokeswoman, said Suthers is "sympathetic to Miss Barber's concern.

"He spoke to her personally, and he wanted to see if he could help in this situation, and provide helpful solutions.

"But unfortunately he can't override the statute."

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