Man sues DMV over Osama license plates

A similar ruling was
challenged in 2005.

NEWSDAY

HAUPPAUGE, N.Y. — A man with “GETOSAMA” license plates now wants to get the New York Department of Motor Vehicles into court.

Arno Herwerth, a retired New York Police Department sergeant and a Hauppauge resident, filed a civil rights lawsuit against the agency earlier this week, saying the DMV violated his right to free speech by insisting his vanity license plates be returned because it deemed the message offensive.

The lawsuit asks for an injunction against the DMV’s taking back the plates until the issue has been litigated. It names David J. Swarts, the DMV commissioner, as well as Mark Ellinger, the supervisor who demanded the return of the plates.

“I’ve never heard of a case where the government was trying to suppress patriotic speech — speech that supports the public policy of the United States,” said Vincent Amicizia, Herwerth’s pro-bono attorney. “Not only has the president said we would ‘get him,’ but he sent troops over to Afghanistan to ‘get him’ as we speak.”

The Nassau chapter of the New York Civil Liberties Union said it successfully challenged a similar ruling in July 2005 when another Long Island driver was refused the license plate “MPEACHW.” Tara Keenan-Thomson, the chapter’s executive director, said a Vermont court decision has also said the government may restrict content, but not opinions.

“The government should not be in the business of banning people’s political viewpoints,” said Keenan-Thomson.

It is not the first time Herwerth has used unusual means to voice his opinions. He often shows up at Smithtown town board meetings in a chicken suit in support of a local animal hospice, and also protested New York City police pay while he was on the force.

A DMV spokesman said the agency could not comment on pending litigation.