Wednesday, June 19, 2013
Ind. Gov't. - More on: Indiana Youth Group files in federal court in response to BMV Commissioner's action
Updating this ILB entry from earlier today (which includes a copy of the complaint), here is the most recent AP coverage of the story - from late this afternoon, in the Albany, NY Times-Union, as reported by Tom LoBianco. Some quotes:
INDIANAPOLIS (AP) — The American Civil Liberties Union of Indiana filed a federal lawsuit Wednesday against the Indiana Bureau of Motor Vehicles, seeking the reinstatement of specialty auto license plates for a group that counsels gay and lesbian youth.
The ACLU claims BMV Commissioner Scott Waddell violated due process by asserting himself as the final authority in an independent review that approved specialty plates for the Indiana Youth Group, according to a copy of the suit obtained by The Associated Press.
Administrative Law Judge Melissa Reynolds issued a ruling in May that directed the BMV to reinstate the plates, but Waddell stepped in last week, continuing the suspension while getting more answers on whether the Indiana Youth Group violated its contract with the state.
"The actions of the Commissioner of the Indiana Bureau of Motor Vehicles, in acting as the appellate and final authority over a decision that he, in effect, issued, violates the right to have an impartial decision maker in administrative adjudications and therefore violates due process," the ACLU wrote in its filing. * * *
"The BMV is acting as both prosecutor and judge," Mary Byrne, executive director of Indiana Youth Group, said in a statement. "They are the other party in the administrative hearing and now the Commissioner is acting as an appellate judge in asking the ALJ to reconsider a couple of arguments that they failed to bring up at the hearing. We are just trying to get a fair shake".
Posted by Marcia Oddi on June 19, 2013 07:11 PM
Posted to Indiana Government