The Indiana Bureau of Motor Vehicles must immediately reinstate its personalized license plate program, according to a Marion County Superior Court ruling. The ruling stems from charges that the program unconstitutionally restricts free speech:
Greenfield police officer Rodney Vawter wanted to put “0INK” on his Fraternal Order of Police license plate. The BMV denied his request, so Vawter filed a lawsuit against the state agency.
During the lawsuit, the BMV suspended its personalized plate program, barring all new applications.
Ken Falk, legal director for the Indiana branch of the American Civil Liberties Union, represented Vawter and others and he said there are two violations – first, the BMV isn’t authorized to suspend the legislatively-created program. And second, he said, the BMV’s personalized plate standards are too vague:
"And when you're dealing with First Amendment expression -- and a personalized license plate is expression of the First Amendment -- there has to be clear standards or you have arbitrary decision making," Falk said.
Falk said examples of arbitrary decisions include the BMV rejecting plates such as “NOBAMA” and “SEXYGRMA” while allowing “GOBAMA” and “FOXYGRMA.” The court’s ruling orders the BMV to reinstate the program and create new, clearer standards. BMV spokesman Josh Gillespie said the agency is still reviewing the decision and hasn’t decided what its next move will be.
