Judge
Throws Out Suit Against 'Choose Life' Plate
By Melanie Hunter
CNSNews.com Deputy Managing Editor
July 17, 2002
(CNSNews.com)
- A federal judge threw out a lawsuit Wednesday brought by abortion
rights advocates seeking to strike down a state law authorizing specialty
"Choose Life" license plates, and claiming their movement
deserves some of the profits made from the plates over the last two
years.
A state law
passed in 1999 authorized the specialty plate, which allows any person
or group to apply for creation of a specialty plate after they obtain
a certain amount of signatures, present a marketing plan and pay an
application fee.
Federal Judge
K. Michael Moore ruled that the plaintiffs lacked standing to challenge
the law, because they had never applied for their own specialty plate
and been denied.
Moore also
ruled that striking down the license plate law would "deprive the
current speakers, including defendants [Patricia] Morris and [Edwina]
Booth, of their rights to free speech as secured by the First Amendment."
Morris and Booth, both pro-lifers, pushed for the "Choose Life"
license plates.
"The
arguments that we made in defense of the 'Choose Life' specialty plate
are compelling and are the first of their kind in the country in defense
of these specialty plates," said Mathew Staver, president and general
counsel of Liberty Counsel.
"Once
the state has authorized the production of numerous messages on specialty
plates, the court cannot eliminate one message while allowing the other
messages to proceed," Staver said.
"The
abortion advocates attempted to hijack the 'Choose Life' message and
require it to also contain a message that is opposed to life,"
he added. "What the abortion advocates sought to do is no different
than asking the court to require that the 'Save the Manatees' plate
also espouse a message of abolishing speed limits in manatee harbors."
The "Choose
Life" plate is one of over 30 plates authorized under state law
and the most popular specialty plate in Florida.
The plate
generated over $1 million from private fees alone in less than two years
of sales. The proceeds will go towards the promotion of adoption.
Staver said
he is "confident" the case will be upheld on appeal.
Florida is
the only state in the U.S. currently distributing "Choose Life"
license plates.
Currently,
14 states - including California, Iowa, Illinois, Kansas, Kentucky,
Michigan, Minnesota, Mississippi, North Carolina, Ohio, Oklahoma, Pennsylvania,
South Carolina, and West Virginia - are considering legislation to allow
similar plates.
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