Published Monday, July 18, 2011
Sun Coverage
A Nevada man has filed a lawsuit against the state’s
Department of Motor Vehicles alleging his rights were
violated when he says the state denied his requests for
personalized license plates with conservative political themes.
James Linlor, a Douglas County resident, filed the complaint
July 15 in U.S. District Court in Nevada.
The complaint alleges Linlor requested a personalized license
plate of “GOPALIN” in 2009 and 2010, but the DMV denied his
applications, stating the request was "vulgar or obscene or
expressing superiority of political affiliation."
Linlor says he tried again in June 2010 —
this time requesting “PALIN,” “PALIN12” or “PALIN16.”
The DMV’s Special Plates Committee, which reviews applications,
again denied his requests, deeming them inappropriate because
they were “political,” according to the complaint.
According to the Nevada Administrative Code, the DMV rejects
personalized license plates with any combination of letters, numbers
or spaces that “express contempt, ridicule or superiority of ...
political affiliation.” It can also deny plates it deems “inappropriate.”
After a hearing before an administrative law judge, the lawsuit claims
the judge reversed the DMV’s denial of Linlor’s requests for plates with
“PALIN,” “PALIN12” and “PALIN16.”
The judge determined the DMV wasn't authorized to deny requests
simply because they were “political,” according to the complaint.
Despite the judge’s decision, the complaint alleges the DMV again
denied Linlor’s request for a “GOPALIN” plate. Meanwhile, Linlor
discovered the DMV had issued other politics-related license plates,
including “GOGREEN,” “DMOCRAT,” “AL GORE,” “KERRY,” “EDWARDS,”
“DEAN,” “HILLARY” and “RONPAUL,” while rejecting requests for
“REPBLCN” and “BUSH,” the complaint alleges.
When Linlor applied for a “GO OBAMA” plate, the DMV approved it,
he alleges.
“The actions of the DMV in selectively granting some ‘political’ license
plate requests while denying others are unconstitutional on grounds of
content and viewpoint discrimination, and should be enjoined as a violation
of the First and Fourteenth Amendments to the United States Constitution,”
according to the complaint.
Bruce Breslow, director of the Nevada DMV, said Monday he’s not sure why
Linlor brought a lawsuit this month because the “GOPALIN” plate was issued
Dec. 30, 2010.
The DMV, however, is reviewing its policy about personalized license plates
and likely will have the director or a deputy director make decisions about
whether to approve such requests in the future, he said.
“I would not have denied it,” Breslow said, referring to the “GOPALIN” plate.
The complaint seeks injunctive relief from the DMV as well as the cost of
attorneys’ fees.
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