By Mark Maynard
Kentucky Today
A federal lawsuit in Kentucky over the denial of a license plate reading “IM GOD” has been given the OK to proceed.
U.S. District Judge Gregory F. Van Tatenhove ruled Friday to dismiss the state’s argument that the Kentucky Transportation Cabinet cannot be sued and that the case should be dismissed because personalized messages are “government speech.”
Ben Hart was denied an “IM GOD” license play in Kenton County, after having it 12 years in Hamilton County, Ohio. The ALCU and Freedom from Religion Foundation sued Kentucky on his behalf.
Kentucky Division of Motor Vehicle officials, who have approved religious personalized plates, first refused Ben Hart’s request in early 2016, calling his license plate message “obscene or vulgar.” Later, the state said the plate was rejected because it was “not in good taste.”
The lawsuit was filed jointly by the American Civil Liberties Union and the Freedom From Religion Foundation on Hart’s behalf in November 2016 after he was denied a personalized license plate reading “IM GOD.”
The lawsuit challenges certain portions of the regulations governing personalized license plates as unlawful, specifically denial of plates based on vague notions of “good taste.” It also contests viewpoint or content-based restrictions on personalized plates that communicate religious, anti-religious or political messages.
Hart, an atheist who now lives in Kenton County, had the same personalized license plate issued by the state of Ohio for 12 years prior to moving to the commonwealth.
Hart is seeking approval of his license plate application, and a finding by the court that provisions are invalid to the extent they allow government officials to deny personalized plates solely because they communicate messages about politics or religion.
“Mr. Hart’s personalized plate request was denied based for reasons we believe violate the First Amendment of the United States Constitution,” said ACLU-KY Attorney Heather Gatnarek in a statement. “We’ll be making that argument to the court as the case moves forward.”
Keep up the good work FFRF. A donation is on the way! This is what I like to see from your organization, legal action. It’s the only way.