South Dakota Agrees To Stop Censoring Vanity Plates Following ACLU Lawsuit
Governments know the difference between right and wrong. It's just that they often don't seem to care.
This is a small-ish wrong, but it's a wrong nonetheless. Like far too many other state bodies charged with policing vanity plate messages, the South Dakota Motor Vehicle Division has a problem giving its tacit blessing to other people's speech.
Since the selected message (central to this lawsuit is the MVD's rejection of REZWEED") is printed on a government-issued plate, states that want to deter as many vanity plates as possible pretend everyone seeing the plate would assume the government is uttering the phrase REZWEED."
But, of course, no one actually thinks that, not even the state officials and the lawyers who represent them. Everyone understands any message on a vanity license plate is one delivered by the purchaser of the plate, not the government they purchased it from.
And that's how these state agencies ended up being sued. The state Department of Revenue (which apparently has the final call) rejected the REZWEED" plate requested by resident Lyndon Hart. It did this despite approving other plates that might be considered just as questionable if someone were to presume (stupidly) that a vanity plate's content implies government support of the brief message the plate contains.
When the government lays down rules but then enforces them inconsistently, it starts creating constitutional problems. The state's inability to abide by its own statutes was exposed by the ACLU, which represented Lyndon Hart in this lawsuit. Here's how the state was handling things before it got sued:
It's OK to be a HELLCAT," but not a HELLBOY." Don't tell anybody to HLDMYBR," but it's fine to go on a BEERRUN." And don't say IH8U," but YUH8ME" is acceptable.
Why was REZWEED" objectionable? Maybe because the state government isn't all that happy that state residents were able to obtain partial legality of marijuana purchase/use. Governor Kristi Noem asked a bunch of law enforcement agencies to sue on the state's behalf to get a legal weed referendum approved by popular vote struck down. But she and her state buddies were unable to prevent the legalization of medical marijuana. And the first beneficiaries of medical licenses were the state's reservations. Hence: REZWEED.
The ACLU said the state's enforcement of its vanity plate statute was arbitrary and inconsistent. And it was right - something the state has admitted without actually having to admit to having spent years operating an unconstitutional license plate business.
South Dakota will no longer deny personalized license plate requests on the basis that they may carry connotations offensive to good taste and decency" after the ACLU filed a lawsuit against the state.
[...]
The standard is deemed severed from the statute and has no force and effect in the issuance of personalized plates or in the recall of any previously issued personalized plate," the settlement agreement document said.
So, there's nothing in the consent decree [PDF] forcing the state to admit it unconstitutionally denied plates to residents. But at least the state won't be able to keep violating the First Amendment moving forward.
The statute is amended will be amended to remove blanket judgments about good taste and decency." (The state website still shows the old law, as of prior to this agreement.)
On top of that, the Department of Revenue website must post a notice on its website informing plate owners and purchasers that the new policy will no longer utilize a good taste and decency standard." And anyone whose plate was denied in the past can reapply to obtain previously rejected plates.
As for the plaintiff, REZWEED is theirs to keep. And so are these other options, which suggest a fleet of vehicles now capable of advertising/celebrating the availability of medical marijuana via reservation licenses and dispensaries.
The personalized plates REZWEED", REZSMOK", or REZBUD" issued to Plaintiff will not be recalled in the future so long as personalized plates are allowed by the legislature and Plaintiff is in continued compliance with all personalized license plate requirements consistent with this Consent Decree.
Let the good times roll. Medical weed is here to stay, it would appear. Fortunately, its arrival has forced the state government to give back the part of the First Amendment it took from citizens when it decided it had the final say on good taste and decency."