The state chapter of the American Civil Liberties Union has filed a request for a hearing to contest the Oklahoma Tax Commission's denial of a personalized license plate with a reference to being a communist.
The Motor Vehicle Division of the commission denied ACLU of Oklahoma client Zakk Luttrell's request for the plate reading "COMMIE," claiming that it violated the non-offensive content policy.
The policy requires a vanity plate not include "contempt, ridicule, or superiority based on race, gender, politics, ethnic heritage or religion."
“I fail to see how my plate violates the subparts in question unless these regulations are being interpreted and applied in an arbitrary and capricious manner,” said Luttrell. “This overbroad and vague policy that approves some license plates and denies others with no clear guidelines runs contrary to my reading of the First Amendment. I hope the Tax Commission will reconsider my request to express myself freely.”
The ACLU claims that while Luttrell's request for the plate was denied, the Motor Vehicle Division has approved other plates with "political messages, gender, ethnic and religious statements."
A tax commission spokeswoman says the ACLU will have the chance to present its case at the hearing.