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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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