A federal judge says Delaware’s vanity license plate program is unconstitutional because it allows for viewpoint discrimination by officials in deciding whether to approve applications. Tuesday’s ruling came in a lawsuit filed by a breast cancer survivor whose license plate was recalled in 2021 because it contained a “perceived profanity.
DOVER, Del. — Delaware ’s vanity license plate program is unconstitutional because it allows officials to discriminate against certain viewpoints when deciding whether to approve applications, a federal judge has ruled.
A spokesman for the Delaware Department of Transportation said the agency will review the decision before commenting on it and the future of the vanity plate program. A DOT attorney said at a March court hearing that Transportation Secretary Nicole Majeski had talked about getting rid of all vanity plates.
“This court agrees with the majority of courts on this issue,” wrote Williams, declaring that Delaware’s regulations permit viewpoint discrimination and are unconstitutionally overbroad and arbitrarily enforced. DMV records disclosed in the lawsuit illustrate the arbitrary approach officials have taken in denying vanity plates, using terms such as “negative,” “questionable,” “mean,” “evil,” “inappropriate,” “disgusting” and “could be offensive.”
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