DOVER, Del. — Delaware’s vanity license plate program has been declared unconstitutional by a federal judge, who found that it allows officials to discriminate against certain viewpoints when approving applications.
Tuesday’s ruling stems from a lawsuit filed by Kari Lynn Overington, 43, of Milton, a breast cancer survivor whose "FCANCER" license plate was recalled in 2021 due to perceived profanity. Overington, with the support of the American Civil Liberties Union (ACLU), challenged the decision, resulting in the landmark ruling.
“I’m very grateful that I was able to have my voice heard. What they were doing was wrong,” Overington said in an interview with The Associated Press on Wednesday.
Overington testified last year that when she applied for the vanity plate, she clarified it stood for "fight cancer." However, DMV officials pointed to her Facebook posts, which featured her wearing a T-shirt with an explicit version of the phrase, celebrating her “f—- cancer” anniversaries.
A spokesman for the Delaware Department of Transportation stated the agency will review the decision before commenting on the future of the vanity plate program. In a March court hearing, a DOT attorney mentioned that Transportation Secretary Nicole Majeski had considered eliminating all vanity plates.
The ACLU of Delaware took up Overington’s case in 2022, defending her right to free speech. The court found Delaware’s regulatory scheme for vanity plates "unconstitutionally overbroad and arbitrarily enforced," marking a significant victory for free expression.
"DMV's recall of our client's expression of her fight against cancer was an unconstitutional overreach brought on by faulty procedure,” said Dwayne J. Bensing, ACLU-DE Legal Director. “When the government regulates private speech, it must do so without regard to the viewpoint of the speaker. This court decision was a great win for free speech."
CoastTV News previously reported on Overington’s case on Aug. 8, 2022, when the ACLU of Delaware announced it would represent her in the lawsuit against the Delaware Department of Motor Vehicles. The report highlighted the recall of Overington’s vanity license plate and her struggle to maintain her message of fighting cancer.
In December 2020, Overington applied for the vanity plate, which she received two months later. In June 2021, she received a letter from the Delaware DMV, stating the license plate failed to “represent the division or the state in a positive manner.” Overington spent several weeks advocating to keep her plate without success, prompting her lawsuit.
“As a cancer survivor, the fight to end cancer is extremely personal to me,” Overington said. “I was shocked when the DMV recalled my license plate because fighting cancer in our communities is imperative, and a message I assumed everyone would embrace.”
Overington’s message resonated with many, receiving encouragement from fellow cancer survivors and community members. Her lawsuit, filed without initial legal representation, recently saw a judge reject the state’s motion to dismiss, acknowledging the significant constitutional issue at hand.
“Delaware permits its citizens to express themselves through vanity license plates,” said Bensing. “This case underscores the problems in the Delaware DMV’s current review process, which is subjective and has now led to censorship of protected speech.”
The court’s decision marks a pivotal moment for free speech advocates, highlighting the necessity of viewpoint neutrality in government regulations.