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Friday, September 24, 2010

Ind. Gov't. - "Group for gay teens sues over denial of license plate: Nonprofit claims BMV's standards violate Constitution"

The ILB has had a long list of entries on issues relating "specialty license plates," such as "God" plates and "Choose Life" plates.

A story today in the Indianapolis Star written by Vic Ryckaert reports:

Hoosiers can buy specialty license plates supporting breast cancer awareness, juvenile diabetes research and Special Olympics. Now a group that serves gay teens is asking a federal judge to force the Bureau of Motor Vehicles to grant it a special plate.

The Indiana Youth Group -- twice denied in its request for a specialty plate -- says the BMV uses arbitrary and unconstitutional standards to approve or deny plates to nonprofits, according to a lawsuit filed Thursday in U.S. District Court.

"The government needs to be very clear," said Mary Byrne, executive director of the Indianapolis-based organization. "It's that fuzziness that they can just limit license plates, but they don't tell you why."

The group's lawsuit, filed by the American Civil Liberties Union of Indiana, claims the BMV uses no clear standards to evaluate plates, instead giving unilateral discretion to the agency.

Such discretion, the lawsuit states, runs afoul of the First Amendment.

BMV spokesman Dennis Rosebrough said the process is open and fair to all applicants. Although there is some subjectivity when it comes to deciding whether a group's request is in the "public interest," he said, the criteria are clearly laid out.

"The whole manual is on our website," he said. "It's very explicit as to what the criteria are." * * *

However, approval often is contentious. In recent years, the BMV has rejected numerous requests, including those submitted by the Marine Corps League, the Indiana Bicycle Coalition and the Alzheimer's Association.

In 2006, the BMV approved a plate supporting a polarizing issue: Money from the "Choose Life" license plate goes to the Indiana Association of Pregnancy Centers, a group that seeks to persuade pregnant women to choose adoption or other alternatives to abortion.

The ILB hopes to post the complaint.

[More] And here it is, Indiana Youth Group v. BMV, 34 pp., including exhibits.

Posted by Marcia Oddi on September 24, 2010 09:32 AM
Posted to Indiana Government