Tuesday, November 18, 2008

Indiana's Sale of "In God We Trust" Plates Without Added Fee Is Upheld

In Studler v. Indiana Bureau of Motor Vehicles, (IN Ct. App., Nov. 17, 2008), an Indiana state appellate court rejected a challenge to Indiana's sale of "In God We Trust" license plates to motorists without charging the $15 administrative fee that is added to the cost of most other special plates. An Indiana driver who was assessed added fees for the state's "Environment" license plate argued that the differential treatment violated Art. I, Sec. 23 of the state's Constitution. That section provides: "The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens." The court rejected plaintiff's argument, holding that "the classification is reasonably related to the inherent characteristics of the license plates," and "the unequal burden is uniformly applicable to all similarly situated class members." Yesterday's Munster (IN) Times reports on the decision.