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SUNNY Temp: 86 °F Wind: WNW at 9 mph Thursday, July 24, 2003 SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA HomeLife Magazine W3 Magazine Jobs @ Mail Tribune Tempo A & E Oregon CarZone Wellness Connection Real Estate Newspaper in Education Prime Times Outdoor Journal Personals Movie Times TV Times E The People CLASSIFIEDS Find a Car Find a Home Find a Job Find Everything E SOUTHERN OREGON Automotive Communities Entertainment Publications Recreation Calendar ABOUT US FAQ What's New Advertise Home Delivery Classified Ad Contact Us Media Kit Email Story to a Friend July 4, 2003 Vanity license rules upheld; Applegate resident defeated By SARAH LEMON Mail Tribune Oregon motorists can’t say anything they want on personalized license plates, the state Supreme Court ruled Thursday, stomping a local man’s effort to display custom plates with wine- related words. The Supreme Court unanimously upheld the ban on references to alcohol, tobacco and drugs, in addition to vulgar or sex-related words on Oregon vanity license plates. The state Driver and Motor Vehicle Services agency established the regulations. "It’s a defeat for those of us who believe that the people should decide what speech is appropriate rather than government officials," said David Fidanque, executive director of the American Civil Liberties Union in Oregon. "We continue to believe that the DMV rules are nothing more than government censorship." Advertisement Represented by the ACLU, retired wine dealer Michael Higgins has been battling the Oregon Court system since 1997, when the DMV rejected his bid for vanity plates reading WINE, VINO and IN VINO on his three vehicles. Before moving to the Applegate Valley in 1996, Higgins owned a California wine shop named "Vino!" "I think (the Supreme Court justices) missed the essence of a vanity plate," Higgins said. "I think most people know what a vanity plate is; it’s self-expression." Higgins claims that the state is not free to restrict messages on vanity plates under the Oregon Constitution’s free-speech guarantees. The Court of Appeals in 2000 ruled against him. The Supreme Court upheld that decision, stating that vanity plates are not free speech because drivers essentially are not "free" to display them. Drivers must display DMV-issued license plates if they choose to drive on the state’s roadways, the court said. The government’s complete control over manufacturing, assigning and displaying license plates undermines any claim that vanity plates amount to motorists’ free speech, the court said. The Supreme Court also said the DMV restrictions don’t violate free speech under the U.S. Constitution’s First Amendment. Under federal court decisions, a license plate is not a public forum, and DMV’s rules are reasonable restraints on speech in that context, the court said. Fidanque said he believes the court had to ignore all of its other free-speech rulings to reach their conclusion in Higgins’ case. However, because the opinion’s wording applies specifically to vanity plates, Fidanque said he doesn’t think the decision could jeopardize other free-speech rulings. The ACLU will review the case more closely over the next few months to decide whether it will take Higgins’ case to the U.S. Supreme Court, Fidanque said. The organization has 90 days to make that decision, he said. Higgins said he would take the case to the U.S. Supreme Court only with the ACLU’s help. Until then, the 67-year-old continues to drive a red Mazda sports car with a vanity plate reading "ZIN" — short for Zinfandel. "They issued that. They know damn well what it means," Higgins said. The DMV also turned down Higgins’ request for a personalized plate reading "BUBBLY" before granting "ZIN," he said. Reach reporter Sarah Lemon at 776-4487, or e-mail [email protected] The Associated Press contributed to this report. Printer Friendly Version Email Story to a Friend Subscribe Archive: Click to Search Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2003 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback A D V E R T I S E R S SPECIAL SECTIONS Rogue Valley Auto Finder Rogue Valley Job Finder --> Rogue Valley Home Finder Joy Magazine Homelife Magazine Tempo Real Estate Showcase Food for Thought Hike of the Week Wellness Connection Outdoor Journal Moving to Southern Oregon? Volunteer Openings Prime Times