San Francisco, Calif., Feb 2, 2008 / 19:02 pm
The License Plate Commission of the state of Arizona violated free-speech rights when it refused to issue specialty license plates with the motto, “Choose Life,” the Ninth U.S. Circuit Court of Appeals in San Francisco ruled on Monday.
According to the appeals court’s ruling, in 2002, the Arizona-based Life Coalition, a non-profit group that provides care for those considering abortion or affected by abortion, submitted an application to the license plate commission for a plate that would display the Coalition’s logo and the words, “Choose Life.” Members of the commission, however, said they were concerned that approving the specialty plate would make it appear that Arizona endorsed the pro-life message. The commission delayed acting on Life Coalition’s request.
In 2003, when Life Coalition’s chairman, Gary Paisley, asked the commission what requirements his group failed to meet, the commission denied the application by a voice vote. When Paisley asked for an explanation for the denial, the commission’s chair, Stacey Stanton, said, “the action of the Commission is final.” Stanton said she did not believe “now is an opportunity for…further debate, or for further info that [Life Coalition] could put on additional applications.”
Life Coalition filed suit in Arizona federal court against the state, but the judge ruled that, since it issues license plates, the state has the right to control their content.