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'0INK' vanity plate fight could go to Legislature

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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.

Vawter, who had his license plate for three years, won his lawsuit last month in Marion County Court. He did not return phone messages or emails seeking comment.

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.

Getting rid of personalized license plates might not mean much in monetary terms, as vanity plate sales accounted for only 2.8 percent of the $103 million sent to license branches across the state in 2013, according to BMV figures obtained by the AP.

But, politically, it could have an impact.

"The Legislature is free — of course — to drop the personalized license plate program. However, I believe every state has one and it is extremely popular," ACLU of Indiana Legal Director Ken Falk said in an email.

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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