Petition to Amend the Delaware Code to Reinstate Vanity License Plate Approvals

To: The Honorable Members of the Delaware General Assembly

We, the undersigned citizens of Delaware, respectfully submit this petition to amend the Delaware Code and reinstate the approval of vanity license plates through a more balanced and constitutional regulatory framework.

Introduction:

On May 14th 2024, the United States District Court of Delaware issued a ruling finding certain provisions of the Delaware Code, which authorize the issuance of vanity license plates, to be unconstitutional. We, the undersigned, believe that vanity license plates are a form of self-expression and an important aspect of personal identity for many Delaware residents. The elimination of this option is a disservice to the people of Delaware, and we urge the General Assembly to amend the current laws to reinstate and regulate vanity plates in a manner that upholds constitutional principles.

Background:

Vanity license plates have been a long-standing tradition in Delaware, allowing citizens the opportunity to display a personal or creative message on their vehicles. These plates serve as a form of free expression, fostering a sense of individuality and community.

The recent court ruling found that certain sections of the Delaware Code governing vanity license plates, specifically those that prohibited certain messages based on subjective interpretations of "decency" or "offensiveness," were in violation of the First Amendment rights of citizens. We recognize the importance of maintaining public order and decency, but we believe there is a way to balance these concerns with the right to free speech.

Need for Amendment:

In light of the court’s ruling, we respectfully request the General Assembly to amend the relevant sections of the Delaware Code to:

1. Implement Clear and Objective Standards: Any new regulations should establish clear, content-neutral standards for the approval of vanity plates. The current law’s vague or subjective criteria must be replaced with objective guidelines that define what constitutes offensive or inappropriate language or imagery in a manner that respects individual freedom of expression.

2. Allow for a Transparent Appeal Process: If a vanity license plate is rejected based on perceived inappropriateness, there should be a clear and transparent process for the vehicle owner to appeal the decision. This ensures that citizens have a fair opportunity to challenge denials.

3. Preserve Freedom of Expression: The revised law should prioritize the preservation of free speech while respecting community standards. The legislation should clearly outline the distinction between harmful or inciteful content (such as hate speech, threats, or explicit obscenities) and more benign, albeit unconventional, expressions.

4. Ensure Compliance with Constitutional Precedents: The new regulations must comply with the First Amendment and any applicable legal precedents regarding free speech. By doing so, the legislation will avoid constitutional challenges and better serve the interests of the citizens.

5. Encourage Public Participation: We propose that Delaware residents be given an opportunity to participate in the development of these new regulations through public hearings or consultations, ensuring that the policy reflects the values and desires of the community.

Conclusion:

Vanity license plates are a cherished form of self-expression and creativity for Delaware citizens. The recent court ruling highlighted important constitutional concerns, and we believe the Delaware General Assembly can amend the law to address these concerns while reinstituting this valuable program. We urge the legislature to act swiftly to amend the Delaware Code to reinstate vanity license plate approvals under a more constitutionally sound regulatory framework.

We, the undersigned, request that the Delaware General Assembly take immediate action to restore the ability for Delawareans to express themselves through vanity license plates in a manner consistent with both the Constitution and the values of our state.

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