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Thursday, April 17, 2008

Ind. Decisions - "Judge: 'God' plates OK without fee"

That is the headline to this story by the Indianapolis Star's Jon Murray, posted on the Star site late this afternoon:

A Marion Superior Court judge has ruled that Hoosier motorists can purchase "In God We Trust" license plates without paying the extra fee charged for other specialty plates.

The American Civil Liberties Union of Indiana had challenged the plate, introduced by state law last year. It has since been slapped on the back of more than 1.6 million vehicles, according to the Indiana Bureau of Motor Vehicles.
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But the plate does not carry a $15 administrative fee charged for dozens of other specialty plates that push messages supporting the environment, education, colleges and universities, and other causes.

Judge Gary Miller granted the BMV's motion for summary judgment against the ACLU and plaintiff Mark E. Studler, Allen County. The ruling, stamped April 10 but issued Wednesday, says the new plate is different from the Indiana Environmental Trust Plate; BMV is required to monitor sales of that plate and collect and transfer group fees to the Indiana Heritage Trust, its beneficiary.

"In contrast, the In God We Trust Plate is comparable to the Standard Plate," the ruling says. "There is no group that benefits from the sale of In God We Trust Plates. Furthermore, it was designed by a process similar to the Standard Plate, mass produced like the Standard Plate, and widely distributed like the Standard Plate based on consistently high sales. The so-called 'preferential treatment' it receives under Indiana law -- i.e., not being subject to an administrative fee -- is also the same as the Standard Plate."

ACLU of Indiana legal director Ken Falk, said the organization planned an appeal of the ruling.

Here are some quotes from an an AP story:
"Courts are not to second-guess the Indiana General Assembly when it comes to calculations of this sort," Miller wrote, contrasting the 'In God We Trust' plates with other specialty plates that require the payment of administrative fees.

Miller said the issuance of the plates did not violate the section of the Indiana Constitution that forbids the Legislature from granting special privileges or immunities not available to all citizens.

The ruling, issued April 10, denies a motion for summary judgment in the suit by the ACLU on behalf of Mark E. Studler, an Allen County resident who has an Environmental Trust plate for which he had to pay extra fees.

Ken Falk, legal director of the ACLU of Indiana, said today the ruling would be appealed to the Indiana Court of Appeals.

"We're obviously disappointed," Falk said. "It's our position still that the differential treatment afforded between the environmental plate and the 'In God We Trust' plate ... is unconstitutional, that the Legislature doesn't have the power to say the 'In God We Trust' plate is free whereas the environmental plate carries an administrative fee. * * *

The lawsuit claimed the BMV gave preferential treatment to motorists wanting the plates, which also feature the U.S. flag, because they don't have to pay the $15 administrative fee that the agency collects on sales of most other Indiana specialty plates.

The 2006 legislation creating the plates specified the state could charge no more for the "In God We Trust" plates than for the standard plates.

Posted by Marcia Oddi on April 17, 2008 06:38 PM
Posted to Ind. Trial Ct. Decisions