Courtesy of the
Hoosiers can buy specialty license plates
supporting breast cancer awareness, juvenile diabetes research and Special
Olympics. Now a group that serves gay teens is asking a federal judge to force
the Bureau of Motor Vehicles to grant it a special plate.
The Indiana Youth Group -- twice denied in
its request for a specialty plate -- says the BMV uses arbitrary and
unconstitutional standards to approve or deny plates to nonprofits, according
to a lawsuit filed Thursday in U.S. District Court.
"The government needs to be very
clear," said Mary Byrne, executive director of the Indianapolis-based
organization. "It's that fuzziness that they can just limit license
plates, but they don't tell you why."
The group's lawsuit, filed by the American
Civil Liberties Union of Indiana, claims the BMV uses no clear standards to
evaluate plates, instead giving unilateral discretion to the agency.
Such discretion, the lawsuit states, runs
afoul of the First Amendment.
BMV spokesman Dennis Rosebrough said the
process is open and fair to all applicants. Although there is some subjectivity
when it comes to deciding whether a group's request is in the "public
interest," he said, the criteria are clearly laid out.
"The whole manual is on our
website," he said. "It's very explicit as to what the criteria
are."
Rosebrough said the Indiana Youth Group
was turned down because it failed to provide evidence that its services have a
statewide impact and because it planned to use the license plate funds to pay
staff salaries. The money, he said, cannot be used for operating expenses.
Byrne said that explanation never reached
her, despite several phone calls and conversations with BMV representatives.
"We really try to use our very best
judgment," Rosebrough said. "We have no ulterior motives one way or
another. It's an open process that we think works well."
Specialty license plates are prized
because they can bring in considerable funds and raise the public profile of
sponsoring organizations.
However, approval often is contentious. In
recent years, the BMV has rejected numerous requests, including those submitted
by the Marine Corps League, the Indiana Bicycle Coalition and the Alzheimer's
Association.
In 2006, the BMV approved a plate
supporting a polarizing issue: Money from the "Choose Life" license
plate goes to the Indiana Association of Pregnancy Centers, a group that seeks
to persuade pregnant women to choose adoption or other alternatives to
abortion.
Indiana Youth Group, founded in 1987,
provides programs and support for gay, lesbian, bisexual and transgender youths
who are struggling to come to terms with their identities.
Byrne said she couldn't say whether her
organization's mission had anything to do with the denial because the BMV did
not disclose what criteria the group failed to meet.
"It's not transparent," she
said. "You don't know whether or not to reapply."
In 2009, Indiana Youth Group provided 950
signatures from people expressing a desire to purchase the plates.
"It took a lot of time and effort to
get those signatures," Byrne said. "It's a lot of wasted time."
Comments