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HIGGINS v. DMV

(60486; CA A96871)

13 P.3d 531 (2000)

170 Or. App. 542

In the Matter of Denial of the Application for the Custom Plates "Wine" "Invino" "Vino" of Michael Paul HIGGINS, Petitioner, v. DRIVER AND MOTOR VEHICLE SERVICES BRANCH (DMV), Respondent.

Court of Appeals of Oregon, En banc.

Resubmitted September 20, 2000.

Decided October 25, 2000.

Attorney(s) appearing for the Case

Edmund J. Spinney, Springfield, argued the cause for petitioner. With him on the briefs was the American Civil Liberties Foundation of Oregon, Inc.

David Schuman, Deputy Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before DEITS, Chief Judge, and EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, and BREWER, Judges.

Resubmitted En Banc September 20, 2000.

ARMSTRONG, J.

Petitioner seeks judicial review of a final order of the Driver and Motor Vehicle Services Branch (DMV) that denied him his requested choices for custom license plates for his state-registered passenger vehicles. He argues that the DMV rules that bar his requested messages on his custom license plates violate Article I, section 8, of the Oregon Constitution and the First Amendment to the United States Constitution...

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