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ACLU Sues Over No Fees Attached To 'God' Plate

Suit Alleges Preferential Treatment

POSTED: 12:18 pm EDT April 23, 2007
UPDATED: 9:42 pm EDT April 23, 2007

The American Civil Liberties Union of Indiana has filed a legal complaint in hopes of getting the law that created the new "In God We Trust" specialty license plates declared unconstitutional.

The suit was filed Monday morning in Marion County. It claims vehicle owners who ask for the God plates get preferential treatment because they don't have to pay a $15 administrative fee charged for other specialty plates.


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Hundreds of thousands of Hoosier vehicle owners have requested the plates since they were first made available in January.

The plaintiff bringing the case, Mark Studler, said he paid an additional $40 for one of the popular environmental plates depicting an eagle above the word "Environment." Of the total fee, $25 goes to a state trust to purchase land set aside for conservation or recreational purposes and the remaining $15 is for the administrative fee.

The 2006 law establishing the "In God We Trust" plate waives the administrative fee.

"Therefore, those who obtain an 'In God We Trust' license plate are afforded the opportunity to make an affirmative statement through display of the plate without any additional cost while Mr. Studler must pay additional fees for his environmental license plate," the complaint said.

ACLU-Indiana attorney Ken Falk said the suit has nothing to do with what is on the plate.

"This is not a church and state (issue)," Falk said. "We are not claiming this is a violation of the First Amendment."

Falk said the ACLU-Indiana doesn't object to continued sales of the plate, but it does want the state to charge the $15 administrative fee.

State Rep. Woody Burton, who sponsored the bill that created the "In God We Trust" plate, said there was no reason to impose a $15 fee because the plate costs no more than regular plates.

Burton said he wasn't surprised that the suit was filed.

" Here again, you're getting an example of a small group -- the Indiana Civil Liberties Union -- wanting to take away the rights of most people in this state," Burton said. "Over half a million people have bought these plates already, so somebody must like them."

A Bureau of Motor Vehicles spokesman said he couldn't comment on the specifics of the lawsuit, but he said the creation of the "In God We Trust" plates had broad bipartisan support.

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