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OKLAHOMA CITY (AP) — A federal appeals court has opened the way for an Oklahoma man to sue the state over its Indian "rain god" license plate, ruling that it could be interpreted as a state endorsement of a religion.
Keith Cressman of Oklahoma City sued a number of state officials in 2011, arguing that Oklahoma's standard license plate depicted Native American religious beliefs that run contrary to his Christianity. U.S. District Judge Joe Heaton dismissed the lawsuit in May 2012 but the 10th U.S. Circuit Court of Appeals reinstated it June 11.
Cressman would prefer to "remain silent with respect to images, messages and practices that he cannot endorse or accept," the appeals court said. The man's lawyer, Nathan Kellum of the Center for Religious Expression in Memphis, Tenn., said Cressman did not want to display an image that communicates a message "which he finds objectionable."
"He doesn't want to be forced to say something that he does not want to say," Kellum said.
He doesn't want to be forced to say something that he does not want to say.
–Nathan Kellum, attorney
Diane Clay, a spokeswoman for Oklahoma Attorney General Scott Pruitt's office which is defending the lawsuit, said in a statement that the appeals court's decision presents another opportunity to review the case.
"We'll continue to defend the state's position that Oklahoma's license plate design does not violate Mr. Cressman's constitutional rights," Clay said.
It is against state law to cover up the image, so to avoid displaying the image Cressman initially purchased a specialty license plate that cost $37 more than the standard plate and had a $35 renewal fee.
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He then purchased a cheaper specialty license plate, which cost $18 more than the standard plate and cost $16.50 for renewal.
The sculpture depicts an Indian shooting an arrow skyward to bring down rain. Cressman's lawsuit alleged that the sculpture is based on a Native American legend in which a warrior convinced a medicine man to bless his bow and arrows during a time of drought. The warrior shot an arrow into the sky, hoping the "spirit world" or "rain god" would answer the people's prayers for rain.
The lawsuit "is another case of political correctness run amok." - Ken Miller, state treasurer
The appeals court's decision says Cressman "adheres to historic Christian beliefs" and believes it is a sin "to honor or acknowledge anyone or anything as God besides the one true God."
He eventually decided not to pay the additional fees but to cover up the image on the standard plate without obscuring letters, tags or other identifying markers on the plate. He said state officials told him it was illegal to cover up any part of it and he might have to pay a $300 fine.
Cressman is still paying additional fees for specialty license plates on two vehicles registered in the state but "does not want to incur extra expense to avoid expressing a message contrary to his religious beliefs," the decision states.
- 2008- Design was adopted as part of license plate reissuance plan
- First time in almost 16 years that the state had issued redesigned license plates for the more than 3 million vehicles registered in the state
- Previous plate featured the Osage Nation shield
"Mr. Cressman's complaint states a plausible compelled speech claim," it concludes. "He has alleged sufficient facts to suggest that the 'Sacred Rain Arrow' image on the standard Oklahoma license plate conveys a particularized message that others are likely to understand and to which he objects."
State Treasurer Ken Miller, who authored the license plate reissuance legislation while serving in the Oklahoma House, said the lawsuit "is another case of political correctness run amok."
"I am proud of my Christian heritage and the rich heritage of our state, which is appropriately honored with the beautiful Allan Houser sculpture on the license plate." Miller said in a statement.
