Don't you know nothin'????
Posted on 05/12/2005 8:59:39 AM PDT by anniegetyourgun
Attorneys for a Rutland man who wants to put a biblical message on his license plate dispute a contention that because vanity license plates are state property he shouldn't be allowed to put his message there.
"To be sure, title to these thin tin plates may rest in the state, but the message on a vanity plate is that of the registered owner, not the state," wrote attorney Jeremy Tedesco in his most recently filing in U.S. District Court in Rutland.
Tedesco is an attorney for the Arizona-based Alliance Defense Fund, a conservative organization that states it defends religious liberty and has taken up Shawn Byrne's case. Byrne, a Rutland resident, earlier this year filed a federal lawsuit to a get vanity license plate, "JOHN316," which refers to a passage in the Bible.
The state last month argued in court records that the case should be dismissed because license plates are state property and a religious message placed on them could be viewed as a government endorsement of religion.
Tedesco filed his response this week, contending that allowing the state to block his client's plate request is a violation of his First Amendment free speech rights.
"The 'reasonable observer' in our case is not a motorist with an 'eggshell psyche,' which (state agencies) unflatteringly seem to think fill Vermont roadways, but a reasonable, mature person who would know that the message that appears on vanity plates is selected by the individual who purchased the plate," Tedesco wrote.
"Indeed, common sense tells the reasonable observer that the message on the plate is associated with the driver behind the wheel, not the state that issued the plate."
Included in his recent filing, Tedesco included an affidavit by Byrne's wife, Kathryn Byrne, indicating Vermont vanity plates she has seen on vehicles, which appear to convey religious messages.
Those plates include: "HIREPWR," "PSALM," and "RI-CHUS," which "presumably refer to 'higher power,' the books of Psalms in the Bible, and 'righteous,'" Tedesco wrote.
According to the lawsuit, Byrne applied to the state Department of Motor Vehicles for a vanity plate for his Ford pickup.
The application asked for Byrne to list three choices for his vanity plate. Byrne listed, "JOHN316," "JN316" and "JN36TN."
The application also asked Byrne what each selection represented, and in each case he wrote, "Bible passage."
"John 3:16" refers to a Scripture passage: "For God so loved the world that he gave his only begotten Son, that whosoever believeth in him should not perish, but have everlasting life."
Byrne received notice from the state DMV a month later stating that all three requests had been turned down.
"It has been deemed to be a combination that refers to deity and has been denied based on that reason," the letter read.
An administrative judge later denied his appeal, the lawsuit stated.
Attorneys for Byrne last month filed a request asking a federal judge to grant a preliminary injunction against the state, allowing him to get his requested vanity plate.
The state has asked that the motion for a preliminary injunction be denied and requested that the lawsuit be dismissed.
No hearing date on the motions has been set.
ping
The RI-CHUS (righteous) plate may simply indicate the driver is a surfer.
I want to know why the State of Pennsylvania keeps denying my request for the "COP H8R" vanity. Their "Trust us, you're really better off without it." explanation makes no sense to me.
(If what I just wrote makes you sad or angry,
This PC insanity has to end someday... Has anyone told the ACLU that religious people are a minority these days?
Don't you know nothin'????
HEY....here in the Socialist State of Washington we have a person who's had JOHN316 as a License plate for 20 years called into court at the end of May.....because someone said they were "offended" or something along those lines. She has to take time off work to go in an answer the charge.....
ping
It must be going around.
How did I know, reading the headline only, that the plate in question would be "JOHN316"?
I dunno. I copied the properties from the first (blank) picture and put them directly into Address line. The picture that came up was a whole lot more interesting than the little Pokemon critter...
Actually, I'm wondering if there is a concerted effort within licensing departments (who must have comrades in other states) to cause problems for people in every state.
I don't wanna know!
Unbelievable! I'd hate to live life always looking for things to offend me. Hope she wins.
It was typical Japanese anime...
What's next? You cannot have bumper stickers on your car with a religious meaning because the car is registered with the state division of motor vehicles and this would be an endorsement of religion by the state?
Don't give them any ideas!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.