The state of South Dakota will no longer be putting the brakes on personalized license plate applications because they might carry “connotations offensive to good taste and decency.”
Under an agreement to allow judgment to be entered against the state, which was submitted for court approval Friday, the state agreed to amend its personalized license plate law and the Motor Vehicle Division’s policy that infringed on the free speech rights of all South Dakotans.
The agreement comes after a lawsuit filed by the ACLU of South Dakota along with Manuel J. De Castro, Jr. of DeCastro Law Office, PLLC, of Sioux Falls, on behalf of Lyndon Hart. Hart’s free speech was stifled when his application for a “REZWEED” plate was initially denied as being allegedly “in poor taste.” Hart runs a business called Rez Weed Indeed that supports and promotes the legal selling and use of medical and recreational marijuana on Native American reservations. He intended for the requested REZWEED plate to refer to his business mission of promoting Tribal sovereignty.
The lawsuit challenged the arbitrary standards used by the Motor Vehicle Division to approve or deny personalized license plates. Under the settlement, the “carries connotations offensive to good taste and decency” standard is deemed unconstitutional and will not be applied to Hart or other people applying for personalized license plates moving forward.
“It’s dangerous to allow the government to decide which speech is allowed and which should be censored, especially when the law is already established around the topic by the Supreme Court and the Eighth Circuit Court of Appeals,” said Stephanie Amiotte, ACLU of South Dakota legal director. “While it’s tempting for some to classify this as an insignificant issue, this is about so much more than just a license plate. It’s about our First Amendment rights and we won’t allow the state to chip away our constitutional rights like this one piece at a time. We’re very happy we were able to obtain a complete victory for Mr. Hart and for the freedom of speech of all South Dakotans.”
As part of the judgment agreement, the state will make a public statement and include a note on the South Dakota Department of Revenue’s webpage that a new personalized license plate policy has been implemented and the “offensive to good taste and decency” standard is no longer being utilized. Any individual who was previously denied a requested plate may reapply and the denied plate will be approved after payment of required fees, as long as it meets the state’s other statutory requirements that were amended in September 2023.
A copy of the stipulated consent decree is below.
About the ACLU of South Dakota
The American Civil Liberties Union of South Dakota is a non-partisan, nonprofit organization dedicated to the preservation and enhancement of civil liberties and civil rights. The ACLU of South Dakota is part of a three-state chapter that also includes North Dakota and Wyoming. The team in South Dakota is supported by staff in those states.
The ACLU believes freedoms of press, speech, assembly, and religion, and the rights to due process, equal protection and privacy, are fundamental to a free people. In addition, the ACLU seeks to advance constitutional protections for groups traditionally denied their rights, including people of color, women, and the LGBTQ communities. The ACLU of South Dakota carries out its work through selective litigation, lobbying at the state and local level, and through public education and awareness of what the Bill of Rights means for the people of South Dakota.
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