NEW ORLEANS (AP) – A federal judge on Tuesday blocked Louisiana from issuing specialty license plates, dealing a victory to abortion-rights activists who challenged the state’s decision to allow “Choose Life” plates.
U.S. District Judge Stanwood Duval ruled that Louisiana’s system for specialty plates violates the First Amendment because it allows the anti-abortion plates but does not offer one for the opposing view.
“If the state built a convention hall for speech and then only allowed people to speak with whom they agreed with their message, the state’s actions would be in contravention of the First Amendment,” Duval wrote. “There is no significant difference in the case before the court.”
The state had argued unsuccessfully that the law for issuing specialty plates was a protected state right and not covered by free-speech protections.
Louisiana has nearly 150 varieties of specialty plates that sell for $25 to raise money for groups and causes including universities, wildlife conservation and the Girl Scouts.
Duval blocked the sale of “Choose Life” plates in 2000, saying the law was “very likely an unconstitutional restraint of free speech,” but the tags – showing a cartoon of a pelican carrying a baby – went on sale last fall after the 5th U.S. Circuit Court of Appeals overturned his ruling.
The plaintiffs then challenged the entire system of issuing specialty plates.
Motorists who already have specialty tags will be able to keep them, and the order does not block personalized plates allowing drivers to pick their own numbers or words for their tags.
He also did not object to special plates for handicapped motorists.
Attorney General Richard Ieyoub said the state will appeal.
Simon Heller, an attorney for the Center for Reproductive Rights, said it was not the intent of the challengers to put an end to specialty plates.
“It really recognizes what I hope will be clear to the Louisiana Legislature, that they can’t set up this system by which they decide which people get to express their views on license plates,” Heller said.
AP-ES-07-09-03 1849EDT
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