NILES Suit seeks 'RDRAGE' on car license plate

The ACLU says the denial violated the Trumbull County man's free-speech rights.
By JEFF ORTEGA
VINDICATOR CORRESPONDENT
COLUMBUS -- Anthony Zucco wanted to get a license plate bearing the nickname of his car, "RDRAGE."
The Ohio Bureau of Motor Vehicles denied Zucco's most recent application, reportedly saying the Niles resident's request violated guidelines and that "road rage kills people."
The American Civil Liberties Union of Ohio says the denial was wrong.
The ACLU filed a lawsuit in the U.S. District Court here, alleging the denial violated Zucco's free-speech rights.
"This is a First Amendment violation," said Raymond Vasvari, the ACLU's legal director.
Ohio allows residents to apply for personalized license plates for their vehicles. The messages must conform to BMV guidelines.
The ACLU says the guidelines are vague, however.
What ACLU contends: The civil liberties group alleges that the BMV has unbridled discretion to accept or deny vanity license plates based on its opinion of whether the applications are profane, obscene, vulgar or whether they are ethnic, controversial, offensive or socially insensitive.
According to court documents, Zucco applied for the vanity plate "RDRAGE" in 2000. Zucco chose that combination because it's the nickname of his classic car, Vasvari said.
The BMV accepted it and Zucco used it for a year, court documents say.
But the BMV denied Zucco's reapplication, saying "road rage kills people," court documents say.
Julie Stebbins, the BMV's public information officer, declined to talk about the specifics of Zucco's case. Stebbins said the BMV follows the guidelines set forth by state law. Zucco couldn't be reached to comment Thursday.
Defendants: The suit names as defendants Franklin L. Caltrider, the registrar of the Ohio Bureau of Motor Vehicles, and Lt. Gov. Maureen O'Connor, who's also the director of the Ohio Department of Public Safety.
The suit seeks a court order barring the department from enforcing its guidelines. The suit also asks the court to declare the BMV's guidelines unconstitutional.
The case has been assigned to U.S. District Judge Algenon L. Marbley.
Vasvari said more plaintiffs could be added to the suit.