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Monday, July 07, 2014

Ind. Gov't. - "'0INK' vanity plate fight could go to Legislature"

Updating the ILB's most recent post on this topic, from May 8th, Charles D. Wilson of the AP reports today in a long story that begins:

INDIANAPOLIS (AP) — A fuss over a police officer's vanity plate has blown up into a constitutional debate that could lead to the Indiana General Assembly deciding whether to rewrite the law or stop selling personalized license plates altogether.

The Indiana Bureau of Motor Vehicles said it would file a notice of appeal Monday, asking the state Supreme Court to overrule a local judge who said the agency violated the officer's freedom of speech when it revoked his license plate that read "0INK."

Drivers haven't been able to buy vanity plates in Indiana since July 2013, when Greenfield Police Officer Rodney Vawter sued the BMV, with the help of the American Civil Liberties Union of Indiana. The agency's website offers guidance on how to apply for personalized license plates but warns that it is not currently accepting applications.

BMV Commissioner Donald M. Snemis told The Associated Press in an exclusive interview that if the Indiana Supreme Court agrees to take up the issue, it may direct lawmakers to rewrite the law. This could lead to the removal of the right to have vanity plates for all Indiana drivers.

"At that point, the Legislature is going to have to have a discussion about whether we want to have a personalized license plate system," Snemis said.

More from the story:
In his ruling, Judge James Osborn also took on the BMV, saying it has no formal regulations in place for evaluating the content of vanity plates and ordering it to create standards that meet constitutional requirements within six months.

Osborn said the agency was inconsistent when approving plates based on content. For example, the agency revoked an "UNHOLY" vanity plate but allowed vanity plates such as "B HOLY" and "HOLYONE."

Osborn ordered the agency to restore the program under strict guidelines until it could write new rules that don't violate freedom of speech.

The BMV argues that the ruling rewrote the rules and would force it to allow offensive plates that might insult ethnic groups. But the ACLU contends in legal documents that the BMV is still allowed to deny plates that are defamatory, vulgar or could incite violence.

Posted by Marcia Oddi on July 7, 2014 09:05 AM
Posted to Indiana Government