NASHVILLE, Tenn., August 15, 2024 – The Our State, Our Languages (OSOL) Coalition filed a Complaint today against the Tennessee Department of Safety and Homeland Security (TDOSHS) and its Driver Services Division with the U.S. Department of Justice and the U.S. Department of Transportation, for not providing meaningful language access for drivers license services as required by title VI of the Civil Rights Act, and Executive Order 13166. The Complaint alleges multiple and continuing violations of Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on national origin, and requires that all persons in the US, regardless of the language they speak, receive access to programs and activities carried out by any State agency that is funded, in whole or in part, by federal funds.
OSOL’s mission is to safeguard national origin civil rights when accessing Tennessee’s Drivers Services. We achieve this by taking action to request full compliance with language access requirements as mandated by federal law, so that it is representative of the linguistic diversity within our communities. The coalition consists of immigrant rights advocacy groups including the American Muslim Advisory Council (AMAC), Asian Pacific Islander of Middle Tennessee (API Middle TN), Ethiopian Community Association of Nashville (ECAN), Somali Community of Middle Tennessee, and Never Again Action Tennessee. A press conference will be held on Thursday, August 15th at 10am at Casa Azafrán.
In the U.S., limited English proficient (LEP) individuals need support from interpreters and translated documents to ensure they are able to meaningfully access the services at the same level as English speakers do, when those services are funded – in all or in part – by the federal government. This concept is known as language access.
Currently in Tennessee, besides English, the driver’s license test is offered in Spanish, German, Korean, and Japanese. The last three languages were added when car plant interest groups came to the state, and there was a need to provide their LEP representatives the ability to legally drive.
Federal guidance states that, if at least 5% or 1,000 people (whichever is lower) of those eligible to be served, or likely to be affected by a federally funded organization or program, are LEP individuals, said organization must provide translation and/or interpretation services to those LEP individuals to ensure meaningful access to services. Language groups in Tennessee that exceed the 1,000-person threshold and are likely entitled to such services include Arabic, Chinese, Vietnamese, Somali, and a number of others, according to the most recent census data. Additionally, the Kurdish community in Nashville, the largest in North America, likely has over 5,000 LEP persons, also making them eligible for language services.
“Despite federal civil rights mandates, Tennessee continues to exclude LEP populations from accessing driver's license tests in their native languages,” said Diana Sanchez-Vega, Founder & CEO of Sanchez-Vega Communications, language access subject matter expert, and an active OSOL Coalition supporter. “This exclusion thwarts their access to basic needs services, and perpetuates systemic discrimination based on national origin.”
In December of 2023, OSOL filed an open records request to better understand the TDOSHS’ LEP Policy. Their most recent LEP Policy is from 2011 and includes limited services for LEP individuals. OSOL requested that the Driver Services Division update the provision of language services to serve all LEP eligible groups. Subsequently, from February to July of 2024, OSOL members and supporters visited various Driver Services Centers across the state and called all Driver Services Centers acting as “testers” to confirm if the facilities were following TDOSHS’ existing LEP Policy, and if they had translation or interpreting services in languages for eligible LEP populations. It was clear that appropriate language services were still not being offered. Additionally, testers were at times met with hostility from Driver Services Centers staffers when asked about the availability of the facility’s services for LEP populations.
The lack of translated driver’s tests has had a detrimental impact on LEP communities in Tennessee. One community member, unable to take the test in his native Somali language, spent long hours studying for it in 2023, and still failed 12 times in 6 months before finally passing the test. He ended up losing his job because he had to take so much time off to take the test. When another community member asked whether Arabic translation services were available at the Hart Lane Driver Services Center in Nashville, one staff member replied sympathetically, “Tennessee is not very welcoming to anyone from everywhere.” A Kurdish community member who asked to take the driver’s test in Kurdish, was advised by a staff member to take the test in another state. Additional stories and audio recordings can be found here.
OSOL Coalition members have advocated for appropriate and full language access compliance since 2010, initially as individual organizations, and, since the summer of 2022, through the establishment of the OSOL Coalition.
“For almost 15 years, we’ve been asking the TN Driver Services Division to add more language options, but we’ve either been dismissed or told it’s too expensive. We’re tired of waiting. Driving is an essential need to get to work, buy groceries, access healthcare, and stay involved in your children’s education.” explained Sabina Mohyuddin, Executive Director of AMAC. “Our communities cannot afford to wait any longer for the language services they are entitled to.”
Support for OSOL’s efforts is growing both statewide and nationally. Over the last year, OSOL has ramped up its advocacy and education efforts in the community-at-large by sharing concerns about language access violations, and the profound impact that English-Only bills and language access federal noncompliance have in the economy.
You are cordially invited to join us for a press conference open to the public, where we will discuss the federal complaint.
OSOL Press Conference
Thursday, August 15, 2024 at 10am
Casa Azafrán, 2195 Nolensville Pike, Nashville, TN 37211
###
The American Muslim Advisory Council’s mission is to foster mutual trust and respect among all people through civic engagement, community building and media relations in order to protect all Tennesseans from prejudice and targeted violence.
Asian Pacific Islanders of Middle Tennessee is working towards racial justice by building API community, lifting API voices, and celebrating API identities
The Ethiopian Community Association in Nashville is cultivating a knowledgeable, empowered, responsible, productive, collaborative and engaged Ethiopian Community in Nashville while preserving and promoting our unique cultural tradition and diverse heritage.
Never Again Action Tennessee is a Jewish-led mobilization against the persecution, detention, and deportation of immigrants in the United States.
Somali Community of Middle Tennessee is a nonprofit organization connecting of Somali families in Middle TN to education resources, and emotional and physical support to increase opportunities, healthy and belonging.
Comentarios