ILNews

Appeal likely in license-plate fee suit

Michael W. Hoskins
January 1, 2008
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The Indiana Court of Appeals will likely be asked to consider whether the Hoosier license plates proclaiming "In God We Trust" violate the state constitution regarding the fees not attached for motorists.

Following a ruling released Thursday by Marion Superior Judge Gary Miller, the American Civil Liberties Union of Indiana plans to appeal on behalf of a Fort Wayne man who sued over the plate a year ago.

At issue in Mark E. Studler v. Indiana BMV, No. 49D05-0704-PL-016603, was the $15 administrative fee that isn't charged for the plate but is charged for those designated as "specialty" plates. From the beginning, the ACLU of Indiana legal director Ken Falk said this suit was about equity and fairness, not about religion.

The suit alleged that the Bureau of Motor Vehicles gave preferential treatment to the 1.6 million motorists wanting the "In God We Trust" plates because they weren't charged the fee that's collected for many other plates. Studler argued there is no difference between this plate and his specialty environmental plate, for which he has to pay a fee.

But Judge Miller wrote the "In God We Trust" plate is a regular plate similar to the state's "standard" license plate and is not a specialty one, therefore not violating the Indiana Constitution.

Judge Miller determined that no possibility exists for donating to any group, and the BMV isn't required to coordinate design or production with any outside organization, as is the case with specialty plates. There is no special designation created by the new plate; it's all about the production costs, he wrote.

"The Indiana Code makes no such distinction," the judge wrote. "The classification created by the legislature has nothing do with expression. It has to do with drawing generally useful categories based on general assumptions about relative administrative burdens."

He added, "Courts are not to second-guess the Indiana General Assembly when it comes to calculations of this sort."

The judge granted the state's motion for summary judgment and denied the plaintiff's in his order dated April 10, but issued this week.

Falk plans to appeal, he told Indiana Lawyer today.
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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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