NOTE:  The following message from Russ Amerling also applies to other states that already have Choose Life specialty plates available.  Since no clear legal precedent was established, and conflicting court decisions exist, attempts to establish Choose Life specialty plates in other states will also continue moving forward.

Dear Florida Choose Life Supporters,

Here is a story run by the Tampa Tribune today.  I have added some comments left out by the reporter at the end to keep you informed.   Please make sure others are aware of this.

Choose Life' Case Won't Be Reconsidered
The Associated Press
Published: Jan 25, 2005

WASHINGTON - The Supreme Court declined Monday to consider whether states may offer license plates with anti- abortion messages, leaving lower courts divided over whether the programs in a dozen states, including Florida, unconstitutionally restrict dissenting views.

Without comment, justices let stand a lower court ruling that said South Carolina's license plates, which bear the slogan ``Choose Life,'' violate the First Amendment because abortion rights supporters weren't given a similar forum to express their beliefs.

The high court's move means that South Carolina will have to eliminate the specialty plates or begin offering plates with abortion rights views. That ruling is at odds, however, with a prior decision by the New Orleans-based 5th Circuit Court of Appeals, which essentially allowed the plates because it said abortion rights advocates didn't have standing to bring a lawsuit in the case.

The Supreme Court's refusal to hear the South Carolina case has no direct effect on Florida's ability to keep distributing a similar license plate.

Still, Choose Life Inc., the Ocala nonprofit organization that provided the design and strategy for the South Carolina plate, expressed disappointment in the justices.

``We were hoping that they would settle it,'' spokesman Russ Amerling said.

With help from Amerling's group and state Sen. Tom Lee, R-Brandon, Florida debuted the nation's first ``Choose Life'' plate in 2000. It's the best-selling of such plates nationwide, raising more than $3 million for antiabortion counseling.

Tribune reporter Garrett Therolf contributed to this report.

Since the Florida specialty plate law allows anyone to apply for a plate and since the opposition has not shown any interest in applying for a plate of their own, the Florida Choose Life license plate is not in any jeopardy. We had hoped the Supreme Court would take this case and settle the issue once and for all that the Choose Life license plate itself is legal and stop the myriad of lawsuits being filed against the Choose Life license plate. By refusing to hear the case, that means there will continue to be suits across the country.

There have been three suits against the Choose Life license plate in Florida and all have been unsuccessful. The U.S. 11^th Circuit Appeals Court ruled, “The first amendment does not require states to authorize the speech of those who have expressed no interest in speaking; it only protects the rights of those who wish to speak. ”The court further upbraided the plaintiff in its opinion saying, “Appellants were counseled in a previous incarnation of this case to apply for a specialty license plate before bringing a First Amendment challenge to Fla Stat 320.08058(30). Hildreth v. Dickenson No. 99-583-CIV-J-21-A, slip op. at 1 (M.D.Fla Dec 22, 1999). Rather than appealing the District Court’s admonition, Appellants chose to try again in this case.” This is a significant ruling as it establishes, at least in the U.S. 11^th Circuit that states with reasonable application processes are not discriminating when the opposition does not use that process to apply for a plate and they cannot claim standing in court unless the do.

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With much love,

Russ & Jill Amerling
russ@choose-life.org
National Publicity Coordinators
Choose Life License Plate Effort
Choose Life, Inc.
www.choose-life.org

PO Box 830152
Ocala, FL 34483-0152

Toll Free 877 454-1203