Confederate Flag Backers to Go to Court on License Plate
by Michael Peltier
The News Service of Florida
Backers of a proposed Confederate license plate are taking the state to federal court after Florida lawmakers earlier this year failed to include the controversial reminder of the Old South among a growing pantheon of plates.
In a complaint, expected to be filed Tuesday, January 20 with the U.S. District Court for the Middle District of Florida, the Sons of Confederate Veterans, Florida Division, says legislative inaction on their license plate is unconstitutional and flies in the face of decisions made by courts in other states.
The group submitted the required paperwork and $60,000 filing fee in March 2008. Rep. Don Brown, R-DeFuniak Springs, sponsored a bill to add the “Confederate Heritage” plate to the list of more than 100 specialty plates. Portions of the plate’s proceeds would be funneled to the organization for educational programs and other expenses.
“The SCV did everything required by Florida statute to have the Confederate Heritage plate approved by the Legislature and we were not given the time of day by the Florida Legislature,” group spokesman John Adams said in a statement.
The lawsuit seeks to order the state to create the plate and distribute it along with more than 100 other specialty plates that have been approved and distributed. Eleven other states currently have similar plates, some of which were established after groups brought their cases to court.
During the 2008 Legislative session, the measure (HB 1159) authorizing the license plate died in committee without a vote. No bill authorizing the plate has yet been filed for the upcoming session. Plate backers say they would expect a similar fate if the proposal is again submitted for approval.
"Re-submitting a bill would be a useless,” attorney Frederic O’Neal told the News Service on Friday. “That’s why we’re filing the complaint.”
A push for the license plate was fanned in 2001 when then Gov. Jeb Bush decided to take down the Confederate flag that had flown at the Florida Capitol for 22 years. Bush, who ordered the flag to be taken down during a remodeling, said he wanted to avert problems encountered by other states that had been targeted for flying the rebel banners a year earlier.
Bush had the flag relocated to a historical display near the Capitol. In response to Bush’s actions, the group started its push to have a specialty plate created.
Backers say the flag and other confederate memorabilia represent a critical period in Florida history, however divisive. Critics say the symbols aren’t merely historic relics. Instead, they continue to taunt blacks and other minorities oppressed during the era of slavery.
This article originally published on January 20, 2009.
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