BYRNE v. RUTLEDGE

Docket No. 07-4375-cv.

623 F.3d 46 (2010)

Shawn W. BYRNE, Plaintiff-Appellant, v. Bonnie RUTLEDGE, in her official capacity as Vermont Commissioner of Motor Vehicles, and David Dill, in his official capacity as Vermont Secretary of Transportation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 8, 2010.


Attorney(s) appearing for the Case

Jeremy D. Tedesco , Alliance Defense Fund, Scottsdale, Ariz. ( Benjamin W. Bull , David A. Cortman , Jeffrey A. Shafer , Kevin Theriot , Alliance Defense Fund; Anthony R. Duprey, Neuse, Smith & Venman, on the brief), for Plaintiff-Appellant.

Eve Jacobs-Carnahan , Assistant Attorney General ( Bridget Asay , Assistant Attorney General, on the brief), on behalf of William H. Sorrell , State of Vermont, Attorney General, Montpelier, Vt., for Defendants-Appellees.

Before: KEARSE, RAGGI, and LIVINGSTON, Circuit Judges.


DEBRA ANN LIVINGSTON, Circuit Judge:

Vermont, like many states, allows the owners of motor vehicles to request a "special number" license plate — more commonly known as a "vanity" plate — that contains a short message selected by the registrant rather than the generic combinations of letters and digits that the state Department of Motor Vehicles ("DMV") would otherwise assign. While Vermont allows residents to select combinations that convey messages...

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