Judge orders Indiana BMV to resume selling plates

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The Indiana Bureau of Motor Vehicles must resume issuing personalized license plates, a Marion County judge ordered Wednesday, but that doesn't mean it'll happen in the near future.

Judge James Osborn denied the state's request that he stay his May ruling, which ordered it to resume selling vanity plates, BMV spokesman Josh Gillespie and the Indiana attorney general's office said. But the bureau informed the Indiana Supreme Court on July 7 it intends to appeal Osborn's ruling and also asked it to stay the lower-court order, meaning that the issue is not yet resolved.

The BMV had suspended the plates' sales in July 2013, after Greenfield Police Officer Rodney Vawter sued the bureau for revoking his license plate that read "0INK."

Osborn found the BMV violated Vawter's freedom of speech and also found the system for issuing the plates unconstitutional. He said that the BMV has no formal regulations in place for evaluating the content of vanity plates and ordered it to create standards that meet constitutional requirements within six months.

Osborn ruled that the BMV violated some vanity plate applicants' free speech rights by turning down some requests while allowing others. For example, the agency revoked an "UNHOLY" vanity plate but allowed vanity plates such as "B HOLY" and "HOLYONE."

The BMV cited a state statute that allowed it to refuse to issue a plate when officials deem it carries "a connotation offensive to good taste and decency" or that "would be misleading." The state agency also argues Osborn's May ruling rewrote the rules and would force it to allow offensive plates that might insult ethnic groups.

But the American Civil Liberties Union of Indiana, which represents Vawter, contends in legal documents that the BMV is still allowed to deny plates that are defamatory, vulgar or could incite violence. Ken Falk, legal director of the ACLU of Indiana, said Wednesday he doesn't believe the grounds for a stay have been met.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.