Cites Legal Concerns
Pataki Vetoes Auto Plates Tied to 9/11

By GINGER ADAMS OTIS

Governor Pataki vetoed two pieces of legislation July 26 that sought to create designer license plate programs commemorating Sept. 11, 2001 and professional firefighters who die in the line of duty. The measures would have altered the state's Vehicle and Traffic Law to establish a new series of custom license plates to bring attention to specific topics or to individuals meeting certain requirements.

The Commissioner of the Department of Motor Vehicles would have had final approval on the plate design for topics that met the necessary criteria.

For Survivors Only

One of the bills proposed creating a specialized license plate available only to family members of paid firefighters who died in the line of duty. Those plates would have said "Survivor of the Bravest."

A second measure would have created a Sept. 11, 2001 commemorative license plate program. The customized plates would have cost $25 per set, and a portion of the proceeds would have gone toward the World Trade Center Memorial Scholarship Program that helps children of 9/11 victims with college tuition.

Both measures were overwhelmingly approved by the State Legislature, but Governor Pataki, citing legal concerns, said he was forced to veto them.

It was "difficult to veto bills that would bring recognition to worthy causes and organizations and recognize outstanding individuals," he wrote in his veto message. "But I am reluctant to approve the substantial expansion of New York's custom license plate program [because] legal challenges [to such programs] remain pending."

Putting Beliefs on Plates

New York is one of several states nationwide involved in ongoing litigation over the legality of allowing individuals to sport custom license plates bearing personal messages of their choosing.

Several anti-abortion groups, arguing that they have a First Amendment right to obtain license plates with pro-life messages, have filed lawsuits seeking to force the issue in Tennessee, Louisiana, New York and many other states.

Other organizations, like the American Civil Liberties Union, have countersued, arguing that granting a forum only to those with anti-abortion views discriminates against individuals who are pro-choice. State and Federal circuit courts in various districts have issued clashing decisions, but the U.S. Supreme Court has so far declined to grant a hearing on the matter.

Spitzer Being Sued

In March, State Attorney General Eliot Spitzer lost his second attempt to ban the phrase "Choose Life" from a pro-adoption specialty license plate. He and Governor Pataki have both been sued for constitutional violations in their individual and official capacities by the anti-choice Children First Foundation.

New York, like many other states struggling to clarify the situation, has declared a moratorium on the creation of any new customized license programs.

'Uniform Plan Needed'

"While I do not believe that the Constitution compels a state to issue license plates with a message that responsible state officials in the exercise of their discretion believe to be inappropriate, it is important to establish uniform standards and criteria for approving any new custom license plate series," Governor Pataki said in his veto.

Pending the development of such standards, he concluded, he was "constrained to [veto the bills] based on legal concerns," even as he recognized the merit of their intent.

Uniformed Firefighters' Association Vice President James Slevin said the union had been working with Albany officials on the "Survivor of the Bravest" plates.

"Our intention was to mirror what the Police Department currently has with the "Survivor of the Shield" license plates," he said.

But the UFA knew that constitutional issues would likely impede their effort, Mr. Slevin acknowledged.

"The Governor vetoed several other related bills; we weren't singled out," he noted. "When the moratorium is lifted, we'll push the bill again."