Judge rules against further sale of anti-abortion license plates
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WILMINGTON — Drivers will not be able to purchase anti-abortion plates anytime soon.
The state chapter of the American Civil Liberties Union is challenging North Carolina's Choose Life tags, arguing that there are no Pro-Choice tags. At a hearing in Wilmington Monday, a federal judge issued a preliminary injunction until the lawsuit is heard.
The legal argument surrounding a hearing at a Wilmington federal courtroom debated whether or not a "Choose Life" license plate was a form of personal free speech or the state government choosing sides in the abortion issue.
"This is private speech because it is really the speech of the individual automobile owners," said a legal director for the ACLU Katy Parker.
Parker believes drivers should have a choice. However the lawyer representing the Department of Motor Vehicles argues that a car tag is a form of government speech. He said state lawmakers had Pro-Choice license plate options as well, but legislators only agreed to sellChoose Life plates.
Therefore, the state spoke and they can regulate what the plates say. Representative Mitch Gillespie was the driving force behind getting the Choose Life bill passed. Rep. Gillespie knew he needed a new plan in order to sell the plates when the lawsuit was filed.
"I was hoping that in this short session that we are at now that we could have a fix that would solve the debate on this issue," said Rep. Gillespie, a Republican from McDowell County.
Parker said this case is about free speech and equal treatment.
"Either both sides of the debate get to speak in this forum or neither side gets to speak in this forum," said Parker.
For now, the judge has agreed with the ACLU. Judge James Fox issued an injunction blocking the sale of Choose Life plates until the lawsuit is heard.
Parker said about 20 states already have "Choose Life" type plates but only two have both options.