

I look forward to the dirty looks and comments I am sure to receive. Just hopefully no vandalism.


Dear Mr. B_______:It's signed by the General Counsel of the BMV, so I'm certainly with the idea that this was more a "oh shit we might get sued" sort of thing. I hope that this helps the BMV implement it's policies regarding Personalized License Plates more fairly in the future, and maybe even helped others who had decided not to fight get the non-theist plates they requested.
The Bureau of Motor Vehicles ("BMV") received your request for the personalized license plate NO GODS. The BMV initially denied your application and sent a letter to you informing you of that determination. Subsequently, the BMV did an additional review of all applications that were denied and determined that your application shoudl have been approved. As such, your request for NO GODS is approved for the 2010 registration year.
Indiana Bureau of Motor Vehicles
Personalized License Plate Requests
100 North Senate Avenue, Rom 404
Indianapolis, IN 46204
To Whom It May Concern,
My name is Jason B_______, and I am writing to officially request an administrative hearing to appeal the rejection of my personalized license plate (PLP) "NO GODS" dated 06/22/2009 After reading the BMV website relevant to PLP standards, I conclude that this should not have been rejected.The BMV will deny a personalized license plate request if an objective, reasonable person would find that the customer’s proposed expression on the personalized license plate application is determined to carry a connotation offensive to good taste and decency, is misleading, or is otherwise prohibited.I do not see how "NO GODS" is offensive to good taste and decency, unless the Indiana BMV considers atheists and non-believers to be offensive to good taste and decency themselves. I have seen at least one PLP with a message of "BE GODS". To allow the that but not a PLP making a different religious (or non-religious) statement would be giving preferential treatment to one viewpoint over another.
Please contact me at your earliest convenience to schedule an administrative hearing. I would prefer to be contacted by email or phone for the quickest scheduling. Thank you for your time, and I look forward to having this issue resolved soon.
Jason B_______
[contact information]
Dear Mr. B_______,There's more, but it's basically telling me I can ask for a replacement PLP or request an appeal via an administrative hearing. Obviously, you know which option I am choosing. I decided to look up the relevant text related to allowable PLPs on the BMV website.
The personalized license plate ("PLP") referenced above has been denied as inappropriate due to form or content.
...
http://www.in.gov/bmv/3229.htmPersonalized license plates allow creativity; however, under Indiana Statue IC 9-18-15-4 (b) the BMV may refuse to issue a combination of letters or numerals, or both, that carry a connotation offensive to good taste and decency.
The BMV will deny a personalized license plate request if an objective, reasonable person would find that the customer’s proposed expression on the personalized license plate application is determined to carry a connotation offensive to good taste and decency, is misleading, or is otherwise prohibited. [emphasis added]
The question becomes, is the phrase "NO GODS" offensive to an "objective, reasonable person"? The only other portion of the guidelines above that could be a sticking point is "or is otherwise prohibited." If by that they include to mean a statement of religion, it is my opinion that a prohibition of religion on license plates went out the window when Indiana approved the "In God We Trust" license plate. If it is okay for citizens of Indiana to proclaim their religion via an Indiana license plate, not allowing me to proclaim my lack of religion seems to be a pretty obvious case of the state government favoring or promoting one religion or belief system over another (or over a lack thereof).
I've contacted both the Indiana ACLU and the Freedom From Religion Foundation for their opinion and possible assistance. The FFRF responded quite quickly, saying they believe I have the BMV "in a pickle" but to wait for the ACLU-IN since the "In God We Trust" license plate issue was their baby back when that plate first came around. I'm hoping to hear from them soon before sending in my official appeal to the BMV for an administrative hearing. Either way, even if the ACLU doesn't take my case I plan on fighting this as much as possible.
If you have any suggestions, recommendations or help you can offer please let me know in the comments.
Update: Thanks to a friend of a friend of a friend for posting this to reddit. Check this blog for future updates, or just watch http://tcmso.blogspot.com/search/label/jdbvsbmv
Update II: Thanks to the reddit post, I've found another Indiana resident fighting the same fight, in his case for a "GODLESS" plate and who has already been in contact with the ACLU-IN and American Humanist Association. Hoping we can pool resources.
Also, thanks to Hemant Mehta for sharing the story via the consistently good read The Friendly Atheist.
Once I know more and have sent out my official appeal for an administrative hearing, I'll put up a new post.
Update III: I'll have to do a new post catching everything up sooner than I thought, but until then this: The reddit thread is really becoming a good source. First the other Hoosier fighting for a GODLESS plate and now a picture of a plate in the streets bearing the slogal "BE GODS." That will come in handy.