2012 Va. Cir. LEXIS 143
Chesapeake Cir. Ct.2012Background
- DMV issued ICUHAJI vanity plates to Petitioner, a former Marine, on May 25, 2007.
- Petitioner’s father had earlier been denied HAJIKLR vanity plates for the same car.
- DMV revoked ICUHAJI plates on Nov. 3, 2011, citing Guidelines prohibiting socially, racially, or ethnically offensive combinations.
- Petitioner was notified of the informal appeal conference, which occurred on Feb. 16, 2012; evidence was presented.
- DMV Commissioner Holcomb affirmed revocation, considering the bumper sticker God Bless Our Troops / Especially Our Snipers as giving contextual threat.
- Petitioner appealed to Virginia court; issues include First/Fourteenth Amendment challenges and whether bumper sticker evidence was permissible under Guidelines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Guidelines are viewpoint neutral | Petitioner argues the prohibition is not viewpoint neutral | Holcomb and DMV contend the rule is a permissible content restriction in a nonpublic forum | Guidelines are not viewpoint neutral |
| Whether the DMV could consider the bumper sticker as evidence | bumper sticker evidence should not be considered under Guidelines | bumper sticker may provide context under Guidelines | DMV improperly relied on bumper sticker on remand |
| Whether Commissioner Holcomb is a proper party | Petitioner challenges his standing as a party | Holcomb is a proper party under governing rules | Commissioner Holcomb is a proper party |
| Standard of review applicable to constitutional claims in DMV action | constitutional challenges receive de novo review beyond agency expertise | agency findings reviewed for substantial evidence; law de novo | § 2.2-4027 applies; de novo review for constitutional questions |
Key Cases Cited
- Sons of Confederate Veterans, Inc. v. Virginia Dep’t of Motor Vehicles, 288 F.3d 610 (4th Cir. 2002) (private vs government speech framework for license plates)
- Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37 (U.S. Supreme Court 1983) (forum classifications and content restrictions; nonpublic forum framework)
- Rosenberger v. Rector & Visitors of Univ. of Va., 515 U.S. 819 (U.S. Supreme Court 1995) (viewpoint discrimination in forum funding and access)
- Texas v. Johnson, 491 U.S. 397 (U.S. Supreme Court 1989) (prohibition of offensive viewpoint must be justified; disallowed viewpoint suppression)
- RaV. v. City of St. Paul, 505 U.S. 377 (U.S. Supreme Court 1992) (fighting words; prohibits viewpoint discrimination on sensitive subjects)
- Nicely, School Bd. of the Cnty. of York v. Nicely, 12 Va. App. 1051 (1991) (when statute allows de novo review outside VAPA, §2.2-4025(v) may exempt from VAPA)
- Cuccinelli v. Rector and Visitors of the Univ. of Va., 283 Va. 420 (2012) (statutory construction; specific words limit general terms)
- Fourco Glass Co. v. Transmirra Prods. Corp., 353 U.S. 222 (U.S. Supreme Court 1957) (textual interpretation: specific words limit broad terms)