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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. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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