Judge refuses to dismiss suit against DMV over vanity tag

today08/02/2022 103

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DOVER, Del. (AP) — A federal judge has refused to dismiss a lawsuit filed against Delaware government officials who recalled a vanity license plate issued to a breast cancer survivor because of what the state transportation secretary described as a “perceived profanity.”

The judge said in a ruling Monday that the lawsuit by Kari Lynn Overington of Milton raises a “significant constitutional issue” regarding freedom of expression. Overington applied in December 2020 for a vanity license plate reading “FCANCER” and received it two months later.

In June 2021, she received a letter from the Division of Motor Vehicles telling her that the plate was being recalled because it “does not represent the division and the state in a positive manner.”


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