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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. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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