Monday, June 28, 2004
By The Leader-Chicago Bureau
http://illinoisleader.com/news/newsview.asp?c=17074
CHICAGO -- Frustrated that the Illinois General Assembly has successfully blocked legislation for the past two years authorizing the sale and production of a specialty license plate that would help to fund adoption agencies, a group of adoption advocates filed suit in federal court Monday.
The federal suit #04C-4316, filed by Choose Life Illinois, Inc., attempts to halt the distribution of specialty car license plates in Illinois until the standards for the plates' issuance are "non-discriminatory and content-neutral."
“We played by the rules and spent two years trying to move legislation through Springfield and give the General Assembly the chance to do the right thing,” said Choose Life Illinois President Jim Finnegan. “It became clear we were not going to get a fair airing in Springfield so our only redress is through the courts.”
The complaint alleges that “the entire process for approving special license plates in Illinois has resulted in a standard less, unguided, discretionary system . . . and allows the issuance of specialty plates with particular messages only if . . . the viewpoint expressed by the particular message has been deemed favorable by a majority of legislators.”
This process, according to the complaint, violates the First Amendment free speech rights and Fourteenth Amendment equal protection guarantees.
Pastor Scott Willis, who lost six children in the 1994 fatal van accident that led to the federal Operation Safe Roads investigation, told reporters at today's press conference in downtown Chicago that he continued to support the idea of Illinois license plates promoting adoption and the choice of life. An investigation of the Willis’ accident led to the imprisonment of over sixty state employees in a license-for-bribe scandal and led to the indictment of former Governor George Ryan, who faces trial next spring.
"The Secretary of State implements laws put into effect by the Illinois General Assembly," David Drucker, spokesman for SOS Jesse White said today. "Their complaint is misguided, we do what the lawmakers tell us to do."
There is no statutory provision to sue the Illinois General Assembly, so Choose Life, Inc. chose the strategy of suing the specialty plate program administrator with hope of forcing the protection of the First and 14th Amendments.
More than 25,000 Illinois citizens have signed petitions calling for the creation of "Choose Life" license plates in Illinois.
Since 1997, 12 states have approved the Choose Life adoption aid license plates and another 18 states are considering similar legislation.
A rally announcing the suit being filed took place Monday evening in Downstate Effingham.
© 2004 Illinois Leader.com -- all rights reserved
Tom Brechja, attorney for Choose Life, Inc., filed federal lawsuit today to stop the distribution of specialty license plates in Illinois, saying the standards in the selection of the state's plates are not evenly applied.
Jim Finnegan (right), President of Choose Life, Inc., Dan Proft, attorney Tom Brechja and Dan Gura expressed frustration with the Illinois General Assembly for their refusal to consider specialty plates whose sale would subsidize crisis pregnancy centers and adoption agencies.
Pastor Scott Willis, Tom Brechja and Joe Walsh have been promoting Choose Life specialty license plates for the past two years.