The controversy regarding the Confederate flag has apparently invaded its newest terrain, automobile license plate designs. In this matter, the Commonwealth of Virginia statutorily authorized the Virginia Department of Motor Vehicles (“DMV”) to produce a specialty license plate honoring the Sons of Confederate Veterans (“the Sons”).
Va.Code Ann. § 46.2–746.22. At the same time, however, the statute forbade such plates from bearing a logo or emblem of any kind.
Id. The Sons now seeks a declaratory judgment and injunction, arguing that this restriction violates their free speech and equal protection rights under the First, Fifth, and Fourteenth Amendments, as well as under
42 U.S.C. § 1983. The Sons also seek nominal and compensatory damages for the intentional violation of Plaintiff's constitutional rights. Both sides have moved for summary judgment. For the reasons that follow, I grant Plaintiffs' Motion and deny Defendant's Motion because I find the restricting language in § 746.22 to be an impermissible restriction on speech.