Friday, August 07, 2015
Ind. Decisions - ‘0INK’ license plate case" scheduled for oral argument before the Supreme Court
A Marion County judge issued a summary judgment Wednesday in favor of a Greenfield police officer who sued the Bureau of Motor Vehicles after the agency revoked his personal vanity license plate that said "0ink."
The ILB does not have a copy of Marion Superior Judge James Osborn's May, 2014 opinion to post right now, but would be pleased to receive a copy.
Today the Supreme Court has announced that on August 27, 2015 it will hear oral argument in this case. Because a statute was declared unconstitutional, the appeal comes directly to this Court in accordance with Appellate Rule 4(A)(1)(b). Here is the Court's official summary:
Thursday, August 27, 2015, 9:00 a.m.
Comm’r of the Ind. Bureau of Motor Vehicles v. Rodney Vawter, et al.
Case No. 49S00-1407-PL-494
Indiana Code 9-18-15-4 lists reasons the Bureau of Motor Vehicles (“the Bureau”) may refuse to issue a personalized license plate. The Marion Superior Court ruled in part that the statute violates certain rights of free speech in the U.S. Constitution’s First Amendment. A related administrative regulation and “policy statement” were also ruled invalid. The Bureau appealed. Enforcement of the trial court’s order, including its direction that the Bureau resume issuing personalized license plates, has been stayed during this appeal. "Because a statute was declared unconstitutional, the appeal comes directly to this Court in accordance with Appellate Rule 4(A)(1)(b)."
Posted by Marcia Oddi on August 7, 2015 09:52 AM
Posted to Ind. Sup.Ct. Decisions