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Lawsuit seeks impartial decision-maker in license plate dispute

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The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of the Indiana Youth Group challenging the authority of the state’s Bureau of Motor Vehicles to issue an order of remand on its administrative law judge’s order to restore the LGBT youth group’s specialty license plate.

The ALJ ruled in May that the state violated IYG’s specialty license plate contract when it issue a suspension of the plate last year without giving notice and the group a chance to correct any issues. On June 14, BMV Commissioner R. Scott Waddell issued an order of remand, which effectively reversed the ALJ’s decision, according to a release from the ACLU of Indiana.

“The BMV commissioner acting as the appellate and final authority over a decision that he, in effect, issued, violates the right to have an impartial decision maker in administrative adjudications and therefore violates the fundamental principle of due process guaranteed by the Fourteenth Amendment," said Ken Falk, ACLU of Indiana legal director.

Mary Byrne, IYG executive director, thinks the BMV is being “vindictive,” according to the release. “The BMV had a chance to present its side at the administrative hearing, and they lost. The BMV simply does not want IYG to get its plate back, ever."

IYG provides support to youth that identify as lesbian, gay, bisexual, transgender and questioning youth.

The ALJ also found that IYG’s actions didn’t constitute the sale of low-digit special plates, as several state senators alleged last year. Those senators sought termination of the group’s contract through the BMV.

The case is Indiana Youth Group Inc. v. R. Scott Waddell, 1:13-CV-981, which was filed in the Indianapolis Division of U.S. District Court in the Southern District of Indiana.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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