Posted on 11/20/2010 1:49:50 PM PST by SarahPalinPlates
After a year-long legal fight, the Nevada DMV has admitted that their censorship of the personalized license plate GO PALIN (as well as any other plate relating to Sarah Palin) does not follow state law, and they will have to issue GO PALIN.
Viewing this as a free-speech issue (since personalized plates have been issued for ALGORE, DMOCRAT, HILLARY, TEAMSTER, LEFT, etc., with no prohibitions on BIDEN or OBAMA plates, but GOPALIN, PALIN, PALIN12, PALIN16, REPBLCN, BUSH, etc., were banned as "offensive" and against state law), Capt. James Linlor of Zephyr Cove, Nevada challenged the Nevada DMV's seemingly biased practices.
When the Nevada DMV lost the first of 3 times in court (over issuance of PALIN, PALIN12, or PALIN16), the Nevada Attorney General refused to represent the DMV's requested appeals, effectively "throwing the DMV under the bus" in a fitting irony and validation of the DMV's actions as improper and against the Nevada and US Constitutions. Case law on personalized plates affirms the NV Attorney General's position.
Despite this, the Nevada DMV CONTINUES to censor and ban plates based seemingly on political affiliation, and spend taxpayer dollars to fight challenges and impose their own rules against State Law. Capt. Linlor is committed to the free speech principles enumerated in the Constitution, and intends to continue this fight for free speech as the US Supreme Court has already agreed.
For more info, see http://sarahpalinplates.com
Even that construct is biased.
Someone in NV needs to sue under 43 USC 1983 (civil cause of action for violation of civil rights, sovereign immunity does not apply for clear violations, you can go after the official PERSONALLY).
The same state that re-elected Reid.
In what court would that be filed? Federal, State, County? Would you need one of the plaintiff's cooperation?
(1) Federal statute, so prob federal court.
(2) Yes, you need a plaintiff.
(3) I’m not a lawyer. This (including first post) is just my understanding. Not legal advice.
It must be a boring Saturday night in Nevada.
Welcome to FR!
The plaintiff (me) is cooperating and working with an attorney.
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