The first lawsuit has been filed against Georgia that challenges their decision to reject certain personalized license plates after a man was denied three different requests for plates that expressed his sexual orientation. WXIA's Kevin Rowson reports.
A Georgia man is suing the state's driver services department, saying it violated his constitutional rights by denying his application for a vanity license plate reading: "4GAYLIB," "GAYPWR" or "GAYGUY."
Atlanta resident James Cyrus Gilbert told The Atlanta Journal-Constitution he was not asking for something "vulgar or over the top" when he made the request in his vanity plate application. These three combinations are on a list banned by Georgia, the newspaper reported. However, the state has reportedly approved plates with some political or religious expressions in the past.
"Denying someone the right to put gay on their tag, that’s political," Gilbert told the Journal-Constitution. "If I want I could get a tag that said straight man, but because it had gay on it, it’s not available."
The lawsuit, filed against the commissioner of the Georgia Department of Driver Services, seeks approval for the requested vanity plate, nominal damages and attorney fees, as well as a court order saying the state regulation for vanity plates is unconstitutional, the newspaper reported.
An The Atlanta Journal-Constitution reported it made an analysis that had found inconsistencies in the state's vanity plate approval process. For example, the newspaper found that state officials denied "G0DROKS" and "ILUVGUNS," while "G0D4EVR" and "GUNLUV" were approved.
"Really these license plates are one of the primary ways Georgians use free speech," Gerry Weber, a lawyer working on the suit, told the newspaper.
The First Amendment to the U.S. Constitution protects freedom of speech.
States around the country issue personalized "vanity plates" for additional costs, but they generally must meet various guidelines. Residents in Georgia can indicate three combination choices on the state's "prestige license plate" application and must describe the meaning of each.
In 2009, a Colorado woman who said she was a vegan was denied the vanity plate, "ILVTOFU," The Associated Press reported. But in that case, officials claimed the letters could be misinterpreted.
Related stories:


Hey Georgia, Nothing wrong with his request.....If he want's to drive down the road with this license plate, let him.
States have the right to approve or disapprove any license plate they want to. They do not single out gays.
And the same DMV managers sodomize their wives every other night..........
let him have the plates, it will only take a week before the car is destroyed !
Maybe they are just trying to keep him from being rear ended.
Missouri would give me my plates that read, FA-QUE. I didn't try to sue though, maybe I should.
Why is always political when it's anti-gay, but if it's pro-gay it's alright? Give me a break. If someone's license plate said "URAFAG" are they going be as accepting of that?
I don't know what "they" think, but I know that I'm fine with that license plate. heck, if you want to look immature and hateful, that's your american right!
When plates that specify a Bible verse are allowed and GAYGUY is banned, that state is assuredly discriminating.
Is "STR8GUY" on the banned list? If it is, he doesn't have a case. If it isn't, give him the plates.
Move to San Francisco California, you might have better luck.
It would still be discrimination in both cases, Scuba.
If the "GAYGUY" license plate is legal, then so is the "STR8GUY" license plate. :-)
Aw crap! You beat me to it.
It doesn't matter what any of US find okay or offensive. It matters what the STATE does, and I'm guessing GA would've given him the URAFAG one. The STATE needs to explain how this meets the standard of "vulgar" and whether the equivalent message for heterosexuality is banned.
Of course you STILL can't differentiate between your OPINION and law.
The guy is doing this because he is an attention whore, nothing more. Give him the plates to shut him up and do not give him any more media. I'd be willing to bet that he knew this would be rejected from the get go and decided to grab the lime light for a hot second. Just grab a big rainbow sticker and slap it on your bumper and shut the hell up already.
possibly. Or maybe he's tired of being a second class citizen. who knows? but maybe if people would just "give pays their rights" (to paraphrase your first sentence) they wouldn't have to make a big deal over being second class citizens.
JERSY GIRL 1, Actually, yes, the state of Georgia IS discriminating against gays. If you had bothered to read the article, they approved several religious and gun themed license plates, but denied several of his requests for various forms of gay license plates. I hope he wins and collects a huge cash settlement from them.
A second class citizen because he can't announce to the world through a license plate that he is gay? Maybe he should get a boat instead to float on all those tears. Christ on a Cracker! When will this PC crap stop?!!
Vince,
Guns and God aren't sexual affiliations and therefore have little bearing on being offensive. Sexual orientation has no business being on a license plate. It is one of those "who gives a @!$%#" kind of things. This guy is doing it for attention and nothing more. Not exactly a pioneer for gay rights. Christ, Harvey Milk would probably tell him to point his attention toward something more worthwhile.
no, a second class citizen because he can't get married or get federal rights thereof. Remember all that Gay marriage debate recently? lol.
maybe all this "PC crap" will stop when people have equal rights? crazy idea here in america, I know, but there you have it. :)
No..... A second class citizen because he can't harmlessly, express himself, while the equivalent harmless expression by a straight person IS legal. Among NUMEROUS other reasons.
That isn't PC crap, that's discrimination.
I do not think this would be a good idea in the South, especially, Georgia. It's like putting a bulls-eye on you car for possible attacks. If it was in New York or West Coast, I would say have at it, but not Georgia! Your simply asking for retaliation out there. Imagine coming out of the store and your vehicle has been trashed! It's a free country and you have the right to do it. Do not put your life in danger over pride! IMO!
That's ridiculous. Those license plates wouldn't harm anyone; and if someone found them offensive then those people have personal problems a lot more serious than their homophobia!
Now if these State of Georgia folks had been using their heads they would have just accepted his special license plate fee and let him have the plates he wanted; but then also required him to buy a Georgia fishing license.
;-)
The state should say it did it as a safety reason, his safety to be specific. As soon as he puts that plate on his car he is going to be the target for every single goodoleboy rolling down the road. How much money is it going to cost the state to investigate his "accident" and then defend itself from his impending lawsuit for allowing him to put such a controversial plate on his car that obviously made him a target. I would also like to know how his insurance company feels about this and the fact his car more than likely is going to be vandalized because of the plate. Should they have to foot the bill every time it gets keyed? That is why I do not put political or controversial bumper stickers on my cars because I know somewhere at sometime some one who disagrees with it is going to do something to my car. I tried to tell a friend of mine once not to put an anti abortion sticker on his car but he wouldn't listen to me. Then one day he woke up to find his car had been keyed with the words "prochoice anti bigot" on bothsides and the bumper sticker torn off. Have another friend who had his McCain for president sticker torn off and "gop sucks" scrawled deep into the paint.
If you allow plates for being gay, then you have to allow plates against being gay like..."GAYH8R" or something else.
The state is protecting itself against problems. Someone said "innocent self expression", but it's not. It is a political statement and 2 of the 3 are clearly political. As the article said, they turned down others for God & guns as well. The state may need to improve consistency, but this was correctly turned down.
I think the state is doing him a favor. He's only asking for trouble with that license plate, especially in a state like Joe-Ja.
How about applying for this plate: DMVSUX! Or what that be deemed too overtly sexual?
I think it should be banned along with all other references to sex. License plates are viewable by children.
I think that's his decision to make, not the state's.
Road and public safety is the state's business. The State of Georgia doesn't allow any sexual or offensive references on license plates including anything that might draw the wrong kind of attention to one's self or your vehicle. Furthermore, your insurance company reserves the right to not insure you based on your tag. The world doesn't need to know this guy is gay while driving down public roads anymore than they need to know who is straight, bi or nonsexual for that matter. That's the thing with equality. You are just like everyone else. If you want to be treated different then that is inequality and the courts of the land have decided that it is intollerable. Being straight or gay has now become a personal and legal responsibility, both privately and publically, in how we act and carry ourselves around one another. I can't offend you with my sexual preference no more than you can offend me. Equality is a B!t@# isn't it? Oh well, welcome to the club! You "ain't no better" than anyone else!!! Get over it and most importantly Get over yourself!!!
There is no reason why this plate shouldn't be made available. It's a stupid choice for a vanity plate if you ask me, but i've seen worse.
How many plates have "god" or "jesus" on them in Georgia?
in what way does "gayguy" reference sex? It's not like he asked for "saladtssr" or "BJs4all" or something like that...
And the state denying it on the grounds that it would put his safety at risk is laughable. That's tantamount to the state saying "see, our state is full of intolerant bigots, so rather than addressing this intolerance we're going to deny your license plate request."
Dawg,
The problem with your stance is, Str8guy wouldn't be considered "sexual" or a liability. Whether or not you, or anyone think it's "perverse" is subjective, and if someone would be douche enough to harm him or his property, well that ISN'T his fault. He has a right to be and project who he is, without being harassed for it, as it DOES NO ONE any harm. Gay being seen only in a sexual light is ridiculous. Being gay is no more about what goes on in their bedroom, than being straight is.
It IS being treated the same, as there would be no issue with the equivalent heterosexual message.
Ain't THAT a bitch?
Well, I was banking on my state's ignorance of gay culture when I got my license plate. I figured their ignorance of us is what leads them to keep passing all these laws trying to ban our very existence, and, sure enough, they let my plate be made. It's my silent protest against them, because anyone who sees it and knows what it means can't believe the state actually issued it. And it's much more...er...specific than GAYGUY in announcing that I'm a gay guy.
So, at least we do manage to get our plates from time to time, even in the most backward states. We just have to stick to things specific to our community that are lost on the ignorant masses.
In the mean time, though, I hope he wins his lawsuit against the state, because their insistence that the word gay is offensive is itself offensive. To hell with them.
No, states can't be arbitrary in their decisions. That's the issue here.
In other words, you want the State of Georgia to officially acknowledge that it is inhabited by a bunch of homophobic, violent rednecks? Sounds like a great tourism slogan.
It's unfortunate that the license plate was denied, but I am kind of glad. I fear for the safety of the driver once a certain kind of person sees that label. It's great to fight for equality, but you should be careful too.
Stonepipe, that was the most epic comment of the day. Thank you.
I do think his plate should be approved. If I saw it on the road I'd just read it aloud and chuckle like I do any other vanity plate. Who cares what he puts on his car, really? He could put a GAYGUY bumper sticker on his car and wouldn't be breaking any laws, right?
OK, I've seen a lot of license plates denied or revoked over things a lot less suggestive than this. (There was even an article a few years ago that listed dozens of them. Some were funny as hell.) You can argue if it's right or not. Some states only require one single complaint of a license plate to get it revoked and those states tend to like to avoid that so they tend to deny any plate they feel may be complained about.
As for this gay guy - Frankly it's a lot of effort for one lousy license plate. He would be better off expending that energy in way that will actually do him some good. He also needs to get a thicker skin or he's going to find himself dumped on for the rest of his life.
I personally would hesitate getting any plate that has a good chance of harassment or retaliation in some of the more rural areas there, but the state has no good reason to deny it for anyone who wants it.
@1.24 - if we didn't allow someone to freely express themselves because we feel as though their views may be unpopular and thus put them in danger... what would be the point of protecting any sort of controversial speech?
That being said, the State could refuse to allow any vanity plates whatsoever. But since they do allow plates, they need to be consistent in their guidelines and to not discriminate (ie let one person have a political plate where its oppositional equivalent is denied). The problem here is not so much with the State's regulations themselves, but with the individuals who approve/deny such requests based upon their own personal bias and/or bigotry and how they apply those regulations unevenly.
IMHO GA should just stick to restricting vulgar or violent vanity plates, and allow religious/political plates SO LONG AS they are not designed to insult or demean someone else. For example "GAYPRD" vs "H8GAYS".... or... "RWRULZ" vs "DEMSRDUM" vs "PROH8" or "FKUJESUS" vs "ATHEIST". There's a difference between a positive message and a negative message. Positive or neutral political/religious messages should be ok.

Well, assuming he is a gay man - fighting discrimination, even if there may be backlash on him, is something that must be done on principal (by not just him but every American)
Hey GA! Just do away with vanity plates and then you won't have to deal with this nonsense any more.
It's a pretty good revenue source and I see no real reason to give it up if they can simply get clear on their regulations.
@ Shuklack -
Well you have to agree it's a fairly good assumption considering what he wanted to put on this plate.
On the other hand, my point was that there are better places to expend his energy on for gay rights than on a stupid license plate. He would do more for his cause expending his energy on one of those efforts. Stuff like this becomes annoying and can backlash against his cause. Fine, he didn't get his plate. Put a bumper sticker on his car. Move on and find a more worthy way to work for gay rights.
this WEBSITE SUCKS.. I didn't click older.. I clicked Post comment.. why the HELL AM I on this DAMN LAME POST.. after the longest load time ever..
NEWSVINE is a 100% better site for commenting... MSNBC NBC etc SUCK DONKEY DICKS!!!!
Sarah,
The safety issue extends beyond him. What if he has a passanger with him at the time of an incident? That innocent person could get hurt or killed because of the plate. What if some redneck decided to shoot at him, misses and strikes someone else unrelated to the incident. Nope, you are wrong. The safety issue extends way beyond his personal safety and goes right into public safety. And according to the left and the right in this country, government does have a responsibility to look out for every ones safety.
LMFAO! Gay, straight, homosexual and heterosexual ALL (say it again) ALL refer to ones sexual or intimate preference. Go back to school my little dear friend, you have much left to learn!
Gay is such a reference to someone's sexual preference that it is now considered a word which is unusable to describe someone unless it is to describe them.
For example: That's gay! You're being gay. etc etc Is not tolerated because gay rights activists such as yourself have said the use of the term is derrogatory unless it is used in the proper context to describe someone with respect who is indeed gay.
Honey, it can't be a two way street. SO GAY IS GAY! End of story!
Finally, You assume much! In fact I support gay and lesbian rights, but not to the recklass degree that you obviously do. Maybe that is because I don't carry a chip on my shoulder. Nonetheless, just as I would not recommend a young lady walking around the street at night wearing panties although it is her Constitutional right to do so. (Not to mention, yes, the police would probably pick you up for doing such a stupid thing) It doesn't make for good COMMON SENSE! COMMON SENSE and RIGHTS are very different things. (This is where public safety comes into play)
There are bad people in the world (Gay and Straight) and it is the job of the state and police to protect its citizens. Matter of fact under the original interpretation of the US Constitution that was about the only duty the document guarranteed the citizens of this country.
Lets read some more SPIN from you! I love a good laugh late in the day!!!
Gay isn't...oh well..."Gay", LMFAO!!!! Thank you for the laugh!!!!
@ DrowingGrover
A litmus test to see if any license plate is fit for the public:
Imagine the plate being shown on a children's cartoon. If it can't be shown there, it is inappropriate.
"Gayguy" belongs on South Park or Family Guy, not Dora the Explorer or Spongebob.
He could use "G4YB0Y" or "G4YMAN" or "DSL-69" or.......
If he wants to advertise to the world that he is gay, there are many ways to do it.
ILVTOFU -- what could that have possible double meaning for ;) haha.
Good - let the gay guy have his license plate and I hope someone runs him off the road
Because attempted murder is Christ-like, right Meeche? Seriously, it's people like you that are killing this country with your hate and ignorance.
Paul ..... intense disgust and repulsive reaction is very different from either hate or ignorance. I am well aware of what evolutionary causes the genetic defect of same gender attraction, nor do I hate the victim of that defect ............. BUT the disgust felt by a normal male is also genetic.
@pauleky
Nice try, but I don't remember Meeche claiming to be christian.
got a link to where disgust towards homosexuality is genetic and not cultural?
Nice -- true colors emerge. Kill the gays? Why don't you relocate to Uganda. It's going to be legal there.
Jesus draws the line at denying gay people civil rights. Anything past that is a no no.
As I check the US constitution, I see nothing about gays & discrimination. Next thing will be the south will want to wage the Civil War again! So much for equal rights!
Why? I suppose you also hope to see some lynching in Georgia. What a disgusting thing to say from a disgusting individual.
Mike, the 14th Amendment guarantees equal protection under the law for ALL citizens. If the State of Georgia is going to allow other types of vanity plates they have to allow this one. It reads,
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Meeche - Be careful what you wish or hope ill on others, Karma is a bitch! It always comes back at you two/three times worse then when you sent it out!
You know, all these self important people treat being a homosexual like they won the lottery. They can't just live peaceful lives, they must tell the world that they too are special, and will track down any camera so they make sure the world knows. I grew up with the Flintstones, and I think they stole my shows meaning.
Jay,
Sure they can live peaceful lives, WITHOUT EQUAL PROTECTION UNDER THE LAW. How about we grant them equal status, and THEN they go live peaceful lives?
How dare they get "uppity" right? We've already given them so much.
Gosh Sarah, are you a flap licker?
What you fantasize about is none of my business. But seriously, if you're trying to insult someone who supports gay rights, I wouldn't really think that calling them gay would work all that well.
Yeah, certain people think free speech pertains to only with what they agree. I'm not sure why he would want this plate (not because of it's content, but because of what haters will do to his car), but more power to him.
pauleky,I am in 100% agreement with you.He is setting himself up for a hate crime with these choices of a vanity plate but he should have the freedom of choice.I see nothing offensive about this vanity plate.
If some douche does that, I say he keeps driving it or parks it somewhere in public with a sign reading, "This is what your hate gets us".
Seriously Sarah? Life is not a political/social statement... Someone bashes the crap out of his car and "you say" turn it into a statement?????
I am going to assume he NEEDS his car to get around...Go to work, buy groceries, Dr app, etc. just like anyone else...
C'mon down here with the rest of us...Your going to get a nosebleed up that high :-\
Yeah, seriously. Have you seen the response some people are having to this? Wishing that he'd get run off the road.
Maybe YOU should step up here with the rest of US and make a damn statement? If more people did that, we wouldn't have to be so concerned about people being the victims of hate crimes, now would we?
So if it is deemed unconstitutional then I guess Ih8gays should also be allowed? I'm not that person. It is none of my business what who you are or what your sexual preference is. I just feel some things are better off not advertizes. Once we get rid of all the wacko's in this world then maybe we can be as open as we want. That will take time.
No. Tolerance for others does not apply towards those who disagree with the PC sheep.
Give me a break Dennis. If you were so tolerant towards others, you would not have commented on this post. I will admit it. I am intolerant of morons. That said, I had to post here.
Confussed, I'm confused. "...once we get rid of all the Wacko's in the world..." Who decides who the wacko's are? After we get rid of the Wackos there will not be anyone left. But then we would not worry about vanity plates.
"IH8GAYS" isn't the opposite of "GAYGUY".
"STR8GUY" is the opposite of "GAYGUY" and I'm sure GA allows "STR8GUY" on their vanity plates so why not "GAYGUY"?
IWILKILU Should be okay though right?
This was the dumbest thing I have heard all day.....until I heard "...these license plates are one of the primary ways Georgians use free speech,"
Really? Well, it is Georgia.....
But they automatically give blacks a bumper sticker that says n*gg*r
He's hoping the attention to his controversial plate gets him rear-ended.
snort!
Jerry that may have been his intent. Probably wouldnt even "file a claim" either.
Jerry- my bad jumped on first comment section hoping to be the first, hats off.
If he wants to advertise his -preference,let him.They DO have the right to refuse.If he sues and wins,guess what.Less fans of his IDENTT
I can't really shouldn't comment on this because I'm still bent out of shape over the hijacking of the term "Gay" by the homosexual community and the rainbow on top of that !!!
Now we can't even sing Deck the Halls at Christmas because of the smirks when it comes to the line of dress !!!
Dam you alternative lifestyle people !!!! ;-)
You celebrate Christmas but don't hesitate to 'dam' (sic) people?
You must be a right-wing, fundamentalist fanatic.
You read that post and got right-wing fundamentalist from it? Damn. Might want to turn the dial down a notch.
Maybe I should ;-) ;-) ;-) more ???
yeah, the sarcasm wasn't that clear in your original post.
Jimi, always keep Poe's Law in mind...
I thought the sarcasm was pretty clear. But - Enough people believe the most stupid of ideas that it can be easy to believe that someone actually believes what they write in these things. We really need a sarcasm font.
I read the headline and my first thought was "you got to be kidding". Any normal person would sue if it WAS issued to them.
Define "Normal."
He should try PRTYMTH. Unless it's taken already.
somehow that might be too close to the bone for their taste.buh BAM!
OK when is this crap with gay people gunna stop!!! they parade down my city streets once a year in perverted clothes from sex shops in front of kids now this with the license plate!! I don't have a license plate that says straightguy or Iscrewwoman. come on already!! I don't care if your gay it's your own choice but I don't need it broadcast in my face everyday. I don't put together a parade for straight pride so knock this crap off!!!!
feel free to get a license plate that says straightguy and to organize your own parades. I'm not stopping you. :)
I think "this crap" will end when gays have equal rights. How about knocking off the discrimination? :)
Why are you parading around saying you're a straight guy and that you screw... woman? I highly suggest the second licenses plate though, it would go good with your neanderthal look on life.
like i said vermontguy i don't care if he is gay just stop broadcasting it in my face every damn day. and i don't discriminate I treat everyone the same my step kids father decided too be gay when his son and daughter were 2 and 3 years old and I begged the guy too spend time with his kids when I married his exwife and invited him over for their birthdays, holidays etc and you know what he did? had his job transfer him too another state so he wouildn't have too see his kids. oh well his loss I now have 2 wonderful kids that are now 25 and 26 and I even have a wonderful 2 year old grand daughter now also which he has only seen once in 2 years and now he only live 33 miles from us and has lived that far from us since 4 years after he moved out of state too get away from his kids so he could go too gay pride parades instead of being a father. and i raised his 2 kids too respect him no matter what as he is their father.
like I said once gays get equal rights maybe the gay issue will go away. And if I read it right you don't discriminate so you support gay marriage, correct? If so, i'm glad, and the problem is everyone else who discriminates against gays, when they stop you can expect gays not to be "in your face" "every day".
Although frankly unless you go looking for it, i'm not sure how they are "in your face" "every day".
Gays not getting their civil rights?There're still some snags in the system.So how great was it the last 8000 years?From where I sit[the weak link], -humanity has had a problem w gays,hated eurochristian culture has had that same belief.Every city on a tell has had a love hate relationship with it.All the sudden it is worse?Its not better than 20-30-40 years ago?100?2?..Now it is just intolerable?BS.Don't be so dramatic
pained: not sure if that is directed to me, since I never claimed it was "intolerable". I just said they didn't have equal rights, which is true.
I think that the vanity plates should be banned altogether if they are going to cause this much fuss. I don't see anything wrong with his choice of words. As for haters, I don't know. I protect myself and property from haters by insuring with Smith and Wesson. Lord knows how long I may have that right! People need to get over themselves. No one is right and everyone is wrong. Deal with it and move on already, but no, I absolutely MUST run other people's lives for them. Sounds very communist to me! By the way. Gay man here, 15 year relationship. Steady job. Don't need nothing from nobody so kiss my ___.
Actually they would not approve "Straight Guy" either as there are too many letters. Here are a few suggestions that you may like even better "Buttprt", Buttman", "Sissy4U", "Bottom2", "Bendovr", "Guy4guy", "Boyplug",
"Queen4u", "Man4boy", "Boy4man", "Man2man", Boy4boy", Man2man", "Me2homo", "Homo4u2", "Buttboy" ect..The possabilities are endless. Hope this helps and good luck.
well, it helps identify your maturity level. :)
Anybody else wish vanity plates would disappear entirely?
Naa I love the ones that slip by the hard nose teacher pet types !! You know the ones I mean running to the teacher, telling on everyone . Oh Johnny did this and Joan did that and on and on .
Hope he wins. Clearly, the state is not applying their laws equally.
I know what it is their trying to kill the licence plate game for those long boring rides and trying to protect kids that are more hip then they could ever be !!!!!