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ACLU takes Indiana BMV back to court over IYG Plates

Post author:HFM
Post published:June 19, 2013
Post category:GLBT Issues

The American Civil Liberties Union announced today that it is take the Indiana Bureau of Motor Vehicles back to court over their refusal to begin re-issuing new IYG license plates.

Here is the press release by the ACLU about this recent action: IYG v. BMV 6-19-2013 [PDF]

Text of the release:

Indiana Youth Group Fights Back

BMV’s involvement in its own review “violates due process and is unconstitutional” says ACLU of Indiana

Indianapolis –The American Civil Liberties Union of Indiana today on behalf of the Indiana Youth Group filed a lawsuit challenging the authority of the Indiana Bureau of Motor Vehicles to issue an Order of Remand on its Administrative Law Judge’s order to restore IYG’s specialty license plate. The ACLU of Indiana seeks to void the order and ensure that proceedings are performed by a “neutral and impartial” decision maker.

“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.

On Friday, June 14, BMV commissioner R. Scott Waddell issued an Order of Remand effectively reversing the decision of the Administrative Law Judge, who had ruled in May that the State violated the IYG’s specialty license plate contract when it issued a suspension of the plate last year without giving the nonprofit the required notice and a chance to correct any issues. The AL J also found that IYG’s actions did not constitute a sale of low-digit specialty plates, as 20 Indiana State Senators had claimed in March of 2012. These state senators asked the BMV to terminate IYG’s contract after they had been ineffective in passing legislation to that effect.

ACLU of Indiana Executive Director Jane Henegar said, “IYG does admirable work providing guidance to young people. IYG wants what has been denied at every turn in its quest to obtain a specialty license plate in support of its work: fair treatment by our government. The ACLU of Indiana hopes to help put an end to an unnecessarily lengthy and contentious process that has done nothing but stand in the way of real help for children in need.”

Mary Byrne, IYG executive director, said she feels as though the BMV “is just being vindictive.”

“There was nothing ambiguous in the administrative law judge’s ruling,” said Byrne. “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.”

Indiana Youth Group, Inc. v. R. Scott Waddell, Case no. 1:13-cv-00981-JMS-MJD, was filed June 19 in the U.S. District Court Southern District of Indiana, Indianapolis Division.

Related articles that account the ongoing saga:

BMV seeks ‘clarity’ on Indiana Youth Group license plates

Post author:HFM
Post published:June 18, 2013
Post category:GLBT Issues Indiana

Despite the fact that a recent judge’s ruling determined that the state improperly revoked IYG’s specialty license plate, the Indiana Bureau of Motor Vehicles is asking for ‘clarity’ on the issue, before resuming sales of the specialty plate that both benefits the Indiana Youth Group and earns the State additional tax revenue.

I’ve written about this issue before: homophobes in Indiana’s State Legislature have attacked the IYG plates using a two-pronged approach: 1) through state legislation designed to re-write the specialty plate program to exclude the gay youth advocacy organization, and 2) directly by ordering the BMV to stop issuing plates. The BMV complied with the order from legislators by finding a technicality in their own unclear instructions for distributing plates and claiming that IYG violated that rule. Unfortunately other non-profit organizations were caught in the State Legislature’s homophobic cross-fire and had their plates revoked due to the same technicality. Fortunately saner heads in the judicial system prevailed and the BMV were ordered to recind their block on the specialty plates.

It’s fascinating(ly ironic) that the BMV is asking for ‘clarity” given that they have been trying to obscure application information and obstruct IYG’s application for a specialty plate since they first applied for plates in 2009. After being turned down for unclear reasons TWICE, IYG finally sued to get the rules to be made clear for applications with the help of the ACLU in 2010.

After they successfully got a clear understanding of the rules and proved that they met them, they were issued plates – only to have the Indiana State Legislature locate a technicality to get their plates revoked, again through unclear language in the rules about distributing plates.

Where do thing stand now? It’s unclear:

“This does not shut the door at all on IYG getting their plates back,” BMV spokesman Josh Gillespie said. “We’re just looking at some further clarity on some issues that we felt were a little ambiguous.”

Nice that the BMV wants clarity. (Now) To bad they weren’t helpful with that over that for the last 4+ years of this process. But when your homophobic agenda depends on being unclear, it’s not surprising. Presumably those of us who purchased and were issued IYG plates can continue to renew them, but they aren’t resuming new sales right now, until they have clarity.

What could happen in the future:

Even given this judicial ruling, and if the “clarity” happens through the judicial system, the homophobes from the Indiana State Legislature have left themselves a back-door way to eliminate the plate in the future in the form of legislation they passed in the 2013 legislative season.

The Indiana state legislature passed House Bill 1279 in 2013 which states (in digest):

Special group, disabled Hoosier veteran, and National Guard license plates. Creates the special group recognition license plate committee consisting of eight members of the general assembly, and specifies that the primary purpose of the committee is to make recommendations to the bureau of motor vehicles (bureau) regarding special group recognition license plates (plate). Specifies the criteria to be met by a special group for the issuance of a plate. Specifies procedures for continued participation in the special group recognition license plate program by a special group, including sales and renewal requirements. Provides that a person who is an active member of the Army or Air National Guard may apply for and receive one or more National Guard license plates. (Current law requires that the person must be an active member of the Indiana Army or Air National Guard.) Requires the bureau to design a National Guard license plate. Removes the restriction that not more than two disabled Hoosier veteran license plates may be issued to one person. Makes conforming amendments.

Emphasis is mine, and yeah, that language I highlighted is pretty telling – they’ve set up a committee for rubber-stamping specialty group plates, and some criteria that they can manipulate in the future to exclude IYG and potentially other groups they don’t agree with. So even if the judge ‘clarifies’ the rules, the Indiana State Legislature can change the rules in the future on a whim.

Here is hoping that the homophobes will be too embarrassed by their bigoted, bullying behavior targeting teenagers to continue down this path in the future.