IYG

ACLU takes Indiana BMV back to court over IYG Plates

The American Civil Liberties Union announced today that it is take the Indiana Bureau of Motor Vehicles back to court over their refusal to begin re-issuing new IYG license plates.

Here is the press release by the ACLU about this recent action: IYG v. BMV 6-19-2013 [PDF]

Text of the release:

Indiana Youth Group Fights Back

BMV’s involvement in its own review “violates due process and is unconstitutional” says ACLU of Indiana

Indianapolis –The American Civil Liberties Union of Indiana today on behalf of the Indiana Youth Group filed a lawsuit challenging the authority of the Indiana Bureau of Motor Vehicles to issue an Order of Remand on its Administrative Law Judge’s order to restore IYG’s specialty license plate. The ACLU of Indiana seeks to void the order and ensure that proceedings are performed by a “neutral and impartial” decision maker.

“The BMV commissioner acting as the appellate and final authority over a decision that he, in effect, issued, violates the right to have an impartial decision maker in administrative adjudications and therefore violates the fundamental principle of due process guaranteed by the Fourteenth Amendment,” said Ken Falk, ACLU of Indiana Legal Director.

On Friday, June 14, BMV commissioner R. Scott Waddell issued an Order of Remand effectively reversing the decision of the Administrative Law Judge, who had ruled in May that the State violated the IYG’s specialty license plate contract when it issued a suspension of the plate last year without giving the nonprofit the required notice and a chance to correct any issues. The AL J also found that IYG’s actions did not constitute a sale of low-digit specialty plates, as 20 Indiana State Senators had claimed in March of 2012. These state senators asked the BMV to terminate IYG’s contract after they had been ineffective in passing legislation to that effect.

ACLU of Indiana Executive Director Jane Henegar said, “IYG does admirable work providing guidance to young people. IYG wants what has been denied at every turn in its quest to obtain a specialty license plate in support of its work: fair treatment by our government. The ACLU of Indiana hopes to help put an end to an unnecessarily lengthy and contentious process that has done nothing but stand in the way of real help for children in need.”

Mary Byrne, IYG executive director, said she feels as though the BMV “is just being vindictive.”

“There was nothing ambiguous in the administrative law judge’s ruling,” said Byrne. “The BMV had a chance to present its side at the administrative hearing, and they lost. The BMV simply does not want IYG to get its plate back, ever.”

Indiana Youth Group, Inc. v. R. Scott Waddell, Case no. 1:13-cv-00981-JMS-MJD, was filed June 19 in the U.S. District Court Southern District of Indiana, Indianapolis Division.

Related articles that account the ongoing saga:

IYG versus BMV-6-19-2013

Continue ReadingACLU takes Indiana BMV back to court over IYG Plates

BMV seeks ‘clarity’ on Indiana Youth Group license plates

Despite the fact that a recent judge’s ruling determined that the state improperly revoked IYG’s specialty license plate, the Indiana Bureau of Motor Vehicles is asking for ‘clarity’ on the issue, before resuming sales of the specialty plate that both benefits the Indiana Youth Group and earns the State additional tax revenue.

Indiana Youth Group License Plate

I’ve written about this issue before: homophobes in Indiana’s State Legislature have attacked the IYG plates using a two-pronged approach: 1) through state legislation designed to re-write the specialty plate program to exclude the gay youth advocacy organization, and 2) directly by ordering the BMV to stop issuing plates. The BMV complied with the order from legislators by finding a technicality in their own unclear instructions for distributing plates and claiming that IYG violated that rule. Unfortunately other non-profit organizations were caught in the State Legislature’s homophobic cross-fire and had their plates revoked due to the same technicality. Fortunately saner heads in the judicial system prevailed and the BMV were ordered to recind their block on the specialty plates.

It’s fascinating(ly ironic) that the BMV is asking for ‘clarity” given that they have been trying to obscure application information and obstruct IYG’s application for a specialty plate since they first applied for plates in 2009. After being turned down for unclear reasons TWICE, IYG finally sued to get the rules to be made clear for applications with the help of the ACLU in 2010.

After they successfully got a clear understanding of the rules and proved that they met them, they were issued plates – only to have the Indiana State Legislature locate a technicality to get their plates revoked, again through unclear language in the rules about distributing plates.

Where do thing stand now? It’s unclear:

“This does not shut the door at all on IYG getting their plates back,” BMV spokesman Josh Gillespie said. “We’re just looking at some further clarity on some issues that we felt were a little ambiguous.”

Nice that the BMV wants clarity. (Now) To bad they weren’t helpful with that over that for the last 4+ years of this process. But when your homophobic agenda depends on being unclear, it’s not surprising. Presumably those of us who purchased and were issued IYG plates can continue to renew them, but they aren’t resuming new sales right now, until they have clarity.

What could happen in the future:

Even given this judicial ruling, and if the “clarity” happens through the judicial system, the homophobes from the Indiana State Legislature have left themselves a back-door way to eliminate the plate in the future in the form of legislation they passed in the 2013 legislative season.

The Indiana state legislature passed House Bill 1279 in 2013 which states (in digest):

Special group, disabled Hoosier veteran, and National Guard license plates. Creates the special group recognition license plate committee consisting of eight members of the general assembly, and specifies that the primary purpose of the committee is to make recommendations to the bureau of motor vehicles (bureau) regarding special group recognition license plates (plate). Specifies the criteria to be met by a special group for the issuance of a plate. Specifies procedures for continued participation in the special group recognition license plate program by a special group, including sales and renewal requirements. Provides that a person who is an active member of the Army or Air National Guard may apply for and receive one or more National Guard license plates. (Current law requires that the person must be an active member of the Indiana Army or Air National Guard.) Requires the bureau to design a National Guard license plate. Removes the restriction that not more than two disabled Hoosier veteran license plates may be issued to one person. Makes conforming amendments.

Emphasis is mine, and yeah, that language I highlighted is pretty telling – they’ve set up a committee for rubber-stamping specialty group plates, and some criteria that they can manipulate in the future to exclude IYG and potentially other groups they don’t agree with. So even if the judge ‘clarifies’ the rules, the Indiana State Legislature can change the rules in the future on a whim.

Here is hoping that the homophobes will be too embarrassed by their bigoted, bullying behavior targeting teenagers to continue down this path in the future.

Continue ReadingBMV seeks ‘clarity’ on Indiana Youth Group license plates

IYG and the homophobic Indiana State Legislature

Indiana Youth Group is a social advocacy group for lesbian, gay, bisexual and transgendered youth that has been around since 1987. They provide lots of important services to help young LGBT people in Indiana, including counseling and social services for at risk youth, advocacy on their behalf in schools, and health education. IYG has been a big part of the lives of several generations of LGBT folks. I was a part of IYG when I was young, as was Zach Adamson, our esteemed city-county council member, business owner and the first openly gay men to be elected to public office in Indiana.

IYG’s executive director is Mary Byrne, a pillar of the LBGT community for decades. She was the producer of the National Women’s Music Festival for years, and also owned Outword Bound, the LBGT bookstore where Stephanie and I met. Mary was also my landlady for five years, which is why I have personal reason to know IYG is in strong, safe, competent hands. The organization has done good work in Indiana for decades, and like other youth advocacy non-profit organizations, they seek out important sources of fundraising from the community.

A few years ago, IYG applied for the Indiana Bureau of Motor Vehicles Specialty Plates program. This program is a win-win for the state of Indiana and for non-profit organizations. They produce specialty plates at a low cost, and members of the non-profit and their communities can promote the plates and receive part of the revenue, with the rest of the profit benefiting Indiana. Specialty plates have become an important part of fundraising for non-profit organizations, and an important revenue source for Indiana as well.

IYG Plates

IYG had to fight to get accepted into the program – they were initially denied entrance into the program by arbitrary changes in the requirements and a lack of transparency about what the requirements were, and IYG had to go to court to get accepted. It became clear during the legal fight that the BMV’s lack of transparency and arbitrary rule changes were based on homophobia. IYG’s acceptance into the program ended up making national headlines.

Unfortunately, IYG’s new specialty plate didn’t sit well with homophobic people in Indiana, and especially not with homophobic members of the the Indiana State Legislature, who immediately began seeking ways to prevent plates from being issued beyond the first year, and began drafting legislation to alter the way that specialty plates were issued, hoping exclude IYG in future years. Homophobes eventually struck gold, canceling IYG’s ability to issue plates based on another lack of transparency in the rules – organizations were not allowed to issue number plates to organization members who had given them support; something that is a regular practice among non-profits. In addition to canceling IYG’s plates, two other organizations, The Indiana Greenways Foundation and the Indiana 4-H Foundation also had their plates canceled for the same reason. Both organizations believe they were just caught in the homophobic crossfire. Karen Bohn, head of the Greenways Foundation, said she believed the real target was the gay youth group. “I think we were just collateral damage,” she said. “Unfortunately it doesn’t seem very fair.”

All three organizations were in negotiations with the BMV to have their plates reinstated when this past week, those negotiations were abruptly canceled by the BMV, who cited the state legislature’s new licensing commission, run by the state legislature, who will be the final approval for specialty plates. Under the new commission rules, Greenways and 4-H will probably get their specialty plates back, but even state legislatures admit that IYG will be denied due to homophobia:

“It depends on the committee makeup,” [Valparaiso Republican Rep. Ed] Soliday said. “I’d be disingenuous if I didn’t say there are some legislators who are very, very anti-IYG. I tried to separate the legislation from IYG for two years, and there were other folks who constantly wanted to drag it back in.”

Continue ReadingIYG and the homophobic Indiana State Legislature

Job Posting: Executive Director, Indiana Youth Group, Inc.

If you know anyone qualified for this position, please pass this along.

Indiana Youth Group is a lesbian/gay/bisexual/transgender youth agency with a 15 year history in Indianapolis, Indiana. The Executive Director (ED) is a member of a two-person management team directly responsible for the organization’s achievement of its mission. The ED and the Operations Director constitute the IYG Management Team and together they direct the daily operations of the agency. The ED’s primary responsibility is to ensure the financial viability and growth of IYG. He/She reports directly to the Board of Directors, and manages all aspects of fund development and public relations. These goals are achieved by maximizing the opportunities for giving, educating the community on the needs of IYG, and providing exceptional donor recognition. Fundraising objectives will be developed with the Board of Directors, and will be mission-driven, clear, attainable, and evaluated. The specific responsibilities of the position are available upon request at info@indianayouthgroup.org.

Position requires 3—5 yrs of fundraising experience; Bachelors degree a necessity, post-graduate work particularly in fundraising a plus. Professional, responsible, organized, with the utmost discretion and integrity. Competitive compensation and benefits. Respond with cover letter, resume, and salary requirements by October 10, 2005, to Search Committee, Indiana Youth Group, PO Box 20716, Indianapolis, IN 46220-0716, or info@indianayouthgroup.org.

NOTE: This position was eventually filled by the uber-capable Mary Byrne.

Continue ReadingJob Posting: Executive Director, Indiana Youth Group, Inc.