ILNews

BMV tosses personalized license plate policy

Michael W. Hoskins
January 1, 2008
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  A federal lawsuit involving the Indiana Bureau of Motor Vehicles and how it handles personalized license plates may be settled in the next week, now that the state agency has thrown out the revised policy banning all religious or deity phrases.

BMV Commissioner Ron Stiver reversed a policy decision Nov. 25 that had taken effect Nov. 6 banning any requested personalized plate message carrying a religious or deity message. Now, an eight-person internal committee will review all requested messages the way the agency had operated for years.

Late last year, the agency had started reviewing about 230 internal policies and eventually decided to move away from the committee review. Instead, the agency would specifically ban anything that referred to drugs, alcohol, bodily functions or parts, political parties, violence, race, gender, religion, or a deity.

"From a legal perspective, we were concerned that if we accepted or approved anything perceived as pro-deity, we'd have to accept anything on the opposite end," BMV spokesman Dennis Rosebrough said. "If we rejected all references, we were on safe legal ground."

But that decision got a second look from the agency commissioner after scrutiny in the past month, resulting mostly from the Nov. 17 lawsuit filed by Elizabeth Ferris of Cambridge City. Ferris claimed her First Amendment rights to free speech were violated when the agency didn't allow her plate saying BE GODS, meaning "belong to God." Stiver allowed Ferris and three others to get plates a day after the suit was filed, and Rosebrough said the commissioner spent the next week more closely examining the policy through discussions with attorneys and public policy-makers here and outside Indiana.

"That new rule was well-intentioned and based on legitimate legal opinion, but at the end of the day he felt that we really ought to rely on common sense to guide us," Rosebrough said.

Alliance Defense Fund attorney Kevin Theriot, who isn't an attorney of record on this case but works on the suit with lead counsel Erik Stanley, said Nov. 26 that this move goes a long way to help resolve the case. Counsel from both sides have been discussing potential settlements, but an agreement hadn't been reached prior to the Thanksgiving holiday.

"We have not made any final dispositions in this case, but we applaud the actions of the BMV and think this will help get everyone to a point where we can find a resolution," he said.

Those seeking personalized plates had until Oct. 31 to submit requests to receive plates in the spring, so the full impact of this policy decision will be on those wanting personalized plates for 2010, Rosebrough said. The BMV receives about 12,000 requests a year, and Rosebrough said motorists whose requests are rejected always have an option to appeal the agency's decisions.

"There really needs to be this vetting process from keeping some very not nice stuff off backs of people's cars," he said. "But this is a subjective process and there're always gray areas. That's why there's an appeal process."

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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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