Judge orders Indiana BMV to resume selling plates

Back to TopCommentsE-mailPrintBookmark and Share

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.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. 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.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...