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McMAHON v. IOWA DEPT. OF TRANSP.

No. 93-797.

522 N.W.2d 51 (1994)

Barry Lee McMAHON, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, Appellant.

Supreme Court of Iowa.

September 21, 1994.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., David A. Ferree, Sp. Asst. Atty. Gen., and Mark Hunacek, Asst. Atty. Gen., for appellant.

Carter Stevens of Beecher, Rathert, Roberts, Field, Walker & Morris, P.C., Waterloo, for appellee.

Considered by McGIVERIN, C.J., and CARTER, LAVORATO, SNELL and TERNUS, JJ.

SNELL, Justice.

The Iowa Department of Transportation (DOT) appeals from the Black Hawk County District Court's decision to reverse an administrative law court's revocation of Barry Lee McMahon's (McMahon) personalized license plates. The district court held that the DOT's procedure for determining a revocation of personalized license plates when they carry a sexual connotation was arbitrary and capricious. McMahon asserts that the DOT's procedure is violative of...

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