June 25, 2014
I know my blog posts have been few and far between these days. You know how I like to tell and I look forward to being able to tell you everything and begin posting frequently and freely again.
(My small talk news is that I am proudly working at a great local vape store! I only applied at one store and that was because of the owners and crew’s commitment to activism and helping smokers choose a safer alternative. I am excited to be helping others make the transition from smoking to vaping as I have done after almost 30 years of smoking. I am enjoying this work immensely and will be posting more on this soon!)
I am writing this post in order to bring you up to speed on my lawsuit in Oklahoma opposing mandatory biometric identification in order to be issued a state driver’s license or ID card and make an urgent request for your support.
If you wish to contribute to my legal fund online through Paypal.com Here is the link: https://www.paypal.com/us/webapps/mpp/send-money-online All you need is my email, which is firstname.lastname@example.org
By US mail, you can send a check or money order to;
P.O. Box 722381
Norman, Oklahoma, 73070
‘Biometric means “measurement of the body.” This is technology is used to measure aspects of an individual and transform this personal data into digital code for the purpose of identification. With biometrics, your body IS your ID.
Biometric identification creates a perfect connection between our bodies and information about us. It is also used to control access to places, services and goods and it is being implemented around the world through deception, coercion and stealth. Industry experts predict that within five years, the majority of the world’s population will be enrolled into one or another biometric identification scheme.’ (Dec. 9, 2013, AxXiom For Liberty http://axiomamuse.wordpress.com/2013/12/09/help-me-stop-mandatory-biometric-id/)
I was honored to be interviewed by Oklahoma Journalist, Patrick McQuigan recently. (OK Woman battles ‘mandatory biometric’ required for drivers’ licenses 19-Jun-2014 )
And as I explained to Mr. McGuigan;
“I filed a lawsuit against this policy in the first place because I believe it is a violation of my right to freedom of religion, as well as my right to be free from unreasonable search and seizure, both of which are protected under Oklahoma law,”
(Press Release from the Rutherford Institute: Rutherford Institute Challenges Oklahoma’s Mandatory Biometric Photo Requirement for Drivers’ Licenses As Infringement of Religious Freedom)
I was also very pleased and surprised to see my story make the front page of the City Sentinel today. I owe a debt of gratitude to Mr. McGuigan for delving into my story.
Recap As some of you may be aware, I began my battle back in the summer of 2011. Yes, the wheels of justice do indeed move slowly — especially in comparison to the rapid expansion in the use of the biometric technology.
In 2011, my driver’s license came due and because of all I had learned about the nature of biometric ID and my Christian faith, there was no way I could voluntarily and passively accept biometric enrollment. I had worked hard to gain a thorough understanding of the policy and technology behind the collection of our biometric data and I learned that this biometric identification system is not merely a state level nuisance, or even simply a reviled national identity system. This is a global system of identification and financial control. It will apply to everyone. Right now, the people of the world are well on their way to total global enrollment. I am determined not to be one of them! Furthermore, I intend to prove that this is a violation of our rights as individuals so that we can protect these rights!
Regardless of our political or religious persuasions, a great many people oppose mandatory biometric enrollment and they do so on a variety of grounds. The common thread is preserving individual freedoms. We must not allow ourselves to be trapped in this unbearably intimate, body-based system of government control!
In the spring of 2011, I was cited for driving without a valid license and with the help of my lawyers, I fought that citation in city court. The Norman City Attorney, apparently reluctant to try and settle such a serious matter in a city court, dismissed my case.
Still, without a valid license or government issued photo ID, the normal duties of life become very difficult. Purchases, banking, health care, travel and more, become extremely challenging and in the future, these things are intended to become impossible without a government issued biometric ID.
The state of Oklahoma patently refused to consider my religious objections and issue a non-biometric license and since I am certain that I have a right to freely live my life and follow my faith without having to submit the measurements of my body to government databases, my battle could not stop at a city court dismissal. Ultimately, my lawyers filed a lawsuit on my behalf against the state to protect my right to religious freedom and against the unwarranted collection of my biometric data.
(Petition filed on Sept. 21, 2011 http://constitutionalalliance.org/xfiles/Constitutional-Alliance_Kaye-Beach_Petition-Suit-as-Filed.pdf If you would like to read more about the beginning of this battle, please see My Real ID Reckoning, June 28, 201)
We are NOT criminals!
In a recent interview with local FOX news affiliate, I explained to the Reporter that one of the benefits to being a law abiding citizen is that we get to go about our business without having the government constantly looking over our shoulders, monitoring, evaluating and controlling our lives. When we are arrested, we are fingerprinted and our digital mug shot is captured along with scads of other personal information. These details are entered into a database allowing the government to keep track of criminals and suspects for the purpose of protecting public safety. Now, at the DMV, we are fingerprinted and this along with our digital ‘faceprint’ and biographical information is captured and stored for use with facial recognition technology. This data, like criminal data, is also used to keep an eye on us. Tell me, where is the benefit of being a law-abiding citizen when we are all treated as criminals and suspects?
I am, of course, somewhat limited in what I can say but to bring you up to speed on my lawsuit here is what I can share;
June 18, 2013, we filed a Motion for Summary Judgment which is a pre-trail motion that presents the undisputed facts of my case to the judge asking that based on these undisputed facts that the judge rule in my favor. Page 1-10 lists 36 statements of undisputed facts. The rest of the petition is legal justifications and exhibits. I encourage everyone to read pages 1-30. (Motion for Summary Judgment, June 18, 2013, http://constitutionalalliance.org/xfiles/Kaye-Beach_Motion-for-Summary-Judgment-as-to-Count-1_6.19.13_reduced.pdf )
Then there were depositions. The state had its opportunity to thoroughly question me about whatever they wished and I had to answer each of their questions honestly upon my oath. Likewise, my lawyer had the opportunity to perform a deposition on the state.
On April 1st, 2014, the state responded to my Motion for Summary Judgment and made a counter motion. The series of documents that comprise the state’s response is publicly available on the Oklahoma State Court Network which I have copied and pasted here for your convenience.
|DEFENDANTS’ RESPONSE TO PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND COUNTER MOTION FOR SUMMARY JUDGMENT / FOR SCANNING PURPOSES, DOC SPLIT INTO 3 PARTS / PART 1: MAIN PLEADING THROUGH EXHIBIT 2 (PAGE 59 OF TRANSCRIPT) Document Available (#1024392582)
||Apr 2 2014 8:19:59:360AM
|PART 2: EXHIBIT 2 (PAGE 60 OF TRANSCRIPT) THROUGH EXHIBIT 6 / DEFENDANTS’ RESPONSE TO PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND COUNTER MOTION FOR SUMMARY JUDGMENT Document Available (#1024392578)
||Apr 2 2014 8:20:32:300AM
|PART 3: EXHIBITS 7-10 / DEFENDANTS’ RESPONSE TO PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND COUNTER MOTION FOR SUMMARY JUDGMENT Document Available (#1024392574)
As you can see, the state’s response was a lengthy one – nearly 300 baffling pages.
My legal team’s response to the state’s response filed on June 17th, at a total of 31 pages, is relatively short and sweet – as the truth tends to be.
PLAINTIFF’S VERIFIED REPLY TO DEFENDANTS’ RESPONSE TO HER MOTION FOR SUMMARY JUDGMENT, AND PLAINTIFF’S VERIFIED RESPONSE TO DEFENDANTS’ COUNTER MOTION FOR SUMMARY JUDGMENT Document Available (#1025965247)
So where are we now?
Very Close! The state will have an opportunity to respond once again and then this Motion for Summary Judgment should go before the District Judge. It should be 60 days or less till the Judge sees and rules on this pre-trial motion. I believe that the law is clear and that my rights are being violated. I believe my Counsel has done an excellent job in stating my case.
“Kaye Beach’s lawsuit, is the only substantial challenge to government mandated biometric ID, to my knowledge, that exists anywhere in our country.”–The Constitutional Alliance
We are very fortunate that my legal challenge attracted the attention of the Rutherford Institute, a nationally respected civil liberties organization. I count this organization as the ‘best of the best’ when it comes to protecting the rights of all in our country and John Whitehead has long been a personal hero of mine. I am so grateful that the Rutherford Institute is providing their experience and support in my lawsuit
My personal attorney is Benjamin Sisney, a man that I have great faith in. He has a heart for this case and has worked diligently in representing me every step of the way. I truly believe that I could not have better representation in this case than Ben Sisney and know that my case is in the best of hands. It is important for you to understand how strongly I believe in my Attorney because this leads me to my purpose for writing to you today.
My excellent legal representation is not free
Right now I have an outstanding balance of about $17,000 for the hard work Mr. Sisney and his firm has done on my behalf and that balance must be paid up and quickly! I must honor my debt to these good people as they deserve to be paid for their labors. In my past fundraising efforts, you have come through for this cause and even though I know that money is tight for all, I am counting on you again.
I am on a very short timeline to get this debt cleared and am pleading for your help to get it done.
For those who think that this issue is too complicated or somehow does not apply to them personally, please pay attention to John Whitehead’s (President of the Rutherford Institute) quote that Patrick McGuigan chose to include in his article about my case. (In bold below) I think it neatly pins the crux of the problem with mandatory biometric ID, to the wall.
“Whatever one’s belief systems — whether a person views a biometric ID card in the form of a driver’s license or other government-issued form of identification as the mark of the Beast or merely the long arm of Big Brother, the outcome remains the same — ultimate control by the government,”
If you support my effort to stop mandatory biometric enrollment, please, share this message with others and give as generously as you can today!
“As more and more of us are enrolled it is safe to predict that the balance of power that exists between the people and their governments will correspondingly shift further away from the people and towards government. History shows us that, unerringly, that such power will be abused and the window of opportunity to resist this system of human identification and control is closing.”
Here is how to contribute:
You may make a donation online through Paypal.com Here is the link:
https://www.paypal.com/us/webapps/mpp/send-money-online All you need is my email, which is email@example.com
By US mail, you can send a check or money order to; Kaye Beach P.O. Box 722381 Norman, Oklahoma, 73070 (Please make the check out to “Kaye Beach”. You may write “legal defense fund” in the memo section of your check or money order)
Thank you for all you do for freedom!