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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. 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

  4. 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

  5. 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

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