NEWS RELEASE
FOR RELEASE JANUARY 16, 2009
FOR FURTHER INFORMATION
CONTACT: Frederic B. O’Neal, Esq 407-719-6796 John W. Adams – Sons of Confederate Veterans 407-302-1297
SONS OF CONFEDERATE VETERANS SUE STATE OF FLORIDA OVER CONFEDERATE HERITAGE SPECIALTY PLATE The Sons of Confederate Veterans (SCV), Florida Division have filed suit in Federal Court to force the State of Florida to approve a proposed CONFEDERATE HERITAGE specialty license plate for the state. The bill authorizing the CONFEDERATE HERITAGE specialty plate was introduced and filed during the 2008 Legislative Session by State Representative Don Brown (R-Holmes County) but was not taken up in committee.
“The SCV did everything that was 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,” stated SCV Plate Chairman John W. Adams of Deltona, Florida.
“Ten states have similar plates and the courts have, without exception, ordered that the plates be produced by the states involved – we seek the same consideration here in Florida.”
The lawsuit seeks to order to the State of Florida to create and distribute the plate to the 67 counties along with the other 106 specialty plates that have been approved and distributed. Proceeds from the plate will be used to repair and enhance veteran’s cemeteries in Florida; provide for academic grants and scholarships and support patriotism in Florida’s schools.
The SCV is a nationally recognized historical organization comprised of individuals whose ancestors fought during the Civil War for the 11 states of the Confederacy and other states that provided soldiers for the effort. Florida was the third state to join the Confederacy on January 10, 1861.
Also providing legal support for the lawsuit is the nationally recognized RUTHERFORD INSTITUTE. The Rutherford Institute has emerged as one of the nation's leading advocates of civil liberties and human rights, litigating in the courts and educating the public on a wide spectrum of issues affecting individual freedoms in the United States and around the world.
Orlando Attorney Frederic B. O’Neal is the attorney for the SCV. Individuals wishing more information on the plate or the organization may visit: www. HeritagePlate.org
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Up-Date
NEWS RELEASE
For Immediate Release
For Further Information contact:
Attorney Fred O'Neal
(407) 719-6796
Sons Of Confederate Veterans
Heritage Plate Chairman John Adams
(407) 302-1297
FEDERAL JUDGE CLEARS WAY FOR FLORIDA
CONFEDERATE HERITAGE SPECIALTYPLATE
United States District Judge John Antoon II has issued an order
that will clear the way for the Sons of Confederate
Veterans (SCV) to obtain a specialty license plate from the
State of Florida Department of Motor Vehicles (DMV).
The order, just released by the Federal Middle District Judge,
upholds the First Amendment right to have the plate
issued by DMV, regardless of the inaction of the Florida
Legislature in failing to consider or approve the plate and rules
against DMV's motion to dismiss the lawsuit.
The case (Case No. 6:09-cv-134-Orl-28KRS) SONS OF
CONFEDERATE VETERANS, FLORIDA DIVISION, INC. JOHN
W. ADAMS -vs- JEFFREY H. ATWATER, LARRY CRETUL, ANDY
GARDINER, RICHARD GLORIOSO,
and ELECTRA THEODORIDES-BUSTLE was filed nearly a year
ago following two (2) years of legislative inaction to
approve the plate.
"We followed all the procedures, paid the fees required by the
state, and did absolutely everything that was required by
law and the politicians in the Florida Legislature failed to follow
their own statutes. Now it looks like parts or all of those
statutes may be stricken by the Federal Court as an
unconstitutional infringement of First Amendment rights,"
stated
John Adams, Chairman of the Confederate Heritage Plate
Committee of the SCV," stated John Adams, Chairman of the
Confederate Heritage Plate Committee of the SCV.
"All Floridians who support the heritage involved with this
plate could soon have an opportunity to put this plate on their
cars and show the pride they have as Floridians who support
our state's history and heritage," stated Douglas Dawson,
SCV Florida Commander.
BACK
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The American Civil War - redux
At last count, the state of Florida issues 106 "specialty" license plates, honoring and
celebrating such causes as Florida's Oceans, the American Red Cross, Boy Scouts, nine
professional sports franchises, 36 private and public colleges and universities and all sorts
of causes encouraging the strengthening of families, values, environmental awareness
and so on and on and on. If anyone is interested in a complete list and pictures of the
specialty license plates, they are readily available. Any organization may apply for the
issuance of a specialty license plate provided it meets requirements primarily to ensure
enough people will purchase the plate for $25.00 per year.
Recently, however, a new specialty plate has been requested - one that raises concerns
and issues of sensitivity. The new plate has been requested by the Sons of Confederate
Veterans. An image of the new proposed plate is shown.
The new plate has a picture of the Confederate Battle Flag and the words, "Confederate
Heritage". The organization sponsoring the new license plate, the Sons of Confederate
Veterans [SCV] is an organization of male descendants of soldiers who served and fought
for the Confederate States of America during the American Civil War. The website of the
SCV is eloquent in its description of the soldiers of the confederacy and the cause for
which they fought:
"The citizen-soldiers who fought for the Confederacy personified the best qualities of
America. The preservation of liberty and freedom was the motivating factor in the South's
decision to fight the Second American Revolution. The tenacity with which Confederate
soldiers fought underscored their belief in the rights guaranteed by the Constitution.
These attributes are the underpinning of our democratic society and represent the
foundation on which this nation was built. . . .
"The SCV rejects any group whose actions tarnish or distort the image of the Confederate
soldier or his reasons for fighting. . . "The memory and reputation of the Confederate
soldier, as well as the motives for his suffering and sacrifice, are being consciously
distorted by some in an attempt to alter history. Unless the descendants of Southern
soldiers resist those efforts, a unique part of our nations' cultural heritage will cease to
exist."
Florida is now asked to honor the Confederate Battle Flag,
The SCV has been successful in having a number of states issue specialty license plates
bearing the Confederate Battle flag: North and South Carolina, Maryland, Mississippi,
Alabama, Virginia, Tennessee, Georgia and Louisiana. There have been a handful of
challenges through the Courts in some states, but the opinion of a North Carolina court is
"SCV's emblem strikingly resembles the Confederate flag. We are aware of the sensitivity
of many of our citizens to the display of the Confederate flag. Whether the display of the
Confederate flag on state-issued license plates represents sound public policy is not an
issue presented to this Court in this case. That is an issue for our General Assembly."
So it will be up to the Florida Legislature to agree or disagree as to the issuance of a
specialty license plate that honors a part of our history that, perhaps, should not be
glamorized and held up as an example of all that is right with our nation.
One state senator, Arthenia Joyner, of Tampa, stated that the Legislature is "too
sophisticated" to permit such a specialty tag. "I don't think they'd fall into the trap of
passing legislation that raises the spectre of racism," she said. "It's a very sensitive issue
in this state and this country. It's very polarizing and we don't need that today."
One can only hope.