Matwyuk v. Johnson

• Decision Date: 23 May 2014
• Docket Number: Case No. 2:13–CV–284.
• Parties: Michael MATWYUK and David DeVarti, Plaintiffs, v. Ruth JOHNSON, in her official capacity as Michigan's Secretary of State, and Michael Fildey, in his individual capacity, Defendants.
• Court: U.S. District Court — Western District of Michigan

22 F.Supp.3d 812

Michael MATWYUK and David DeVarti, Plaintiffs

v.Ruth JOHNSON, in her official capacity as Michigan's Secretary of State, and Michael Fildey, in his individual capacity, Defendants.

Case No. 2:13–CV–284.

United States District Court, W.D. Michigan, Northern Division.

Signed May 23, 2014.

Michael J. Steinberg, Daniel Stewart Korobkin, ACLU Fund of Michigan, Detroit, MI, for Plaintiffs.

Ann Maurine Sherman, Michigan Dept. Attorney General, Lansing, MI, for Defendants.

OPINION

GORDON J. QUIST, District Judge.

TABLE OF CONTENTS

I.	Background	815
II.	Discussion	816

A. Matwyuk's Claims 817

1. The Court has Jurisdiction Over Matwyuk's Request for Declaratory Relief 817

a.	Standing	817
b.	Mootness	819
c.	Exercise of Declaratory Judgment Jurisdiction	820

2. Defendant Fildey is not Entitled to Qualified Immunity 820

a. Constitutional Violation 822

i.	Government versus Private Speech	822
ii.	Facial Challenge	824
iii.	As Applied Challenge	826

b. Clearly Established 826

B. DeVarti's Claims 828

III. Conclusion 830

Plaintiffs, Michael Matwyuk and David DeVarti, have sued Defendants, Ruth Johnson, in her official capacity as the Secretary of State of the State of Michigan, and Michael Fildey, in his individual capacity, alleging that the limitation imposed by Michigan's personalized vehicle license plate program on configurations “that might carry a connotation offensive to good taste and decency,” M.C.L. § 257.803b, is unconstitutionally vague and overbroad. Plaintiffs allege both facial and as applied challenges to the statutory limitation under the First Amendment and the Due Process Clause. Plaintiff Matwyuk seeks damages and declaratory relief, and Plaintiff DeVarti seeks declaratory and injunctive relief.

Defendants have moved to dismiss Plaintiffs' amended complaint on various grounds, including that Plaintiff Matwyuk is not entitled to declaratory relief and Defendant Fildey is entitled to qualified immunity as to Matwyuk's damage claims. Plaintiffs have responded to the motion, and Defendants have replied.

After careful review and consideration of the parties' arguments, the Court will deny Defendants' motion in its entirety.

I. Background

The State of Michigan, like many states, has a personalized vehicle license plate program that allows vehicle owners to customize the letter and number configurations of their personal vehicle license plates. See M.C.L. § 257.803b. (Dkt. # 14 at Page ID 145, ¶ 2.) Commonly referred to as “vanity plates,” personalized licensed plates issued pursuant to this program allow vehicle owners to convey a brief message or slogan reflecting their personal identities, values, or sense of humor through a unique combination of letters and numbers. (Id. at Page ID 148, ¶¶ 18–19.) Vanity plates are subject to certain content-neutral limitations, including the number of characters permitted on a plate and the prohibition that no two plates may bear the same letter and number configuration. (Id. ¶ 21.) The vanity plate program also contains a content-based restriction that prohibits combinations “that might carry a connotation offensive to good taste and decency.” M.C.L. § 257.803b. The statute does not define the phrase “offensive to good taste and decency,” but the Michigan Department of State has adopted the following internal guidelines to assist in its application:

a. Phrases or letter combinations commonly perceived as indecent (i.e., profanity, obscene language). As used here, “profanity” means irreverence towards sacred things, particularly an irreverent or blasphemous use of the name of God. “Obscene language” means something that is morally abhorrent; its predominant appeal is to a prurient interest, socially taboo, or otherwise grossly repugnant to generally accepted notions of what is appropriate, such as references to excretion.

b. Configurations of a sexual nature, including those that denote sexual organs, functions, or acts.

c. Words or phrases that portray a negative image of a given racial, religious, ethnic or socioeconomic group, including persons of a particular gender or sexual orientation.

d. Configurations that are unacceptable with respect to society's collective values, such as “COPKILR.”

e. Words or phrases dealing with illegal drugs or their usage.

(Id. at Page ID 148–49, ¶ 23.)

Plaintiff Matwyuk was a member of the U.S. Army for 22 years, and was deployed in Iraq in 2004 and 2005, during the height of hostilities in that country. Insurgent extremists in both Iraq and Afghanistan who constantly attacked American soldiers, such as Matwyuk, referred to them as “infidels,” or non-believers. (Id. at Page ID 145, 150, ¶¶ 3, 28–30.) American soldiers quickly adopted the “infidel” label out of pride and patriotism as their own identifier and openly displayed their affinity for it by tattooing the word “infidel” onto their chests, arms, and legs; sewing patches containing the word “infidel” onto their uniforms; and wearing hats and shirts bearing the word “infidel.” (Id. at Page ID 150–51, ¶¶ 31, 33.)

In 2012, Matwyuk decided to order a vanity plate for his vehicle to express his identity as a so-called “infidel.” Matwyuk visited the Michigan Department of State's website, selected an Iraq War Veteran service plate and typed “INFIDL” into the spaces provided on the website to account for the six-space character limitation for Iraq War Veteran license plates. The return page indicated that the selection was not available, so Matwyuk typed the word “INF1DL,” replacing the letter “I” with a “1.” Matwyuk ordered the plate after the return page said that it was available. (Id. at Page ID 150, ¶¶ 34–43.) On November 26, 2012, the Department of State informed Matwyuk that his requested plate would not be issued because the configuration might carry a connotation offensive to good taste and decency. (Id. ¶ 44.) On December 5, 2012, Matwyuk sent a letter to the Department of State asking it to reconsider his request and noting that many vanity plates espouse religious sentiments, and an infidel is a non-believer. (Id. at Page ID 152, ¶ 45.) Defendant Fildey responded in a letter dated December 20, 2012, stating that although the Department of State has issued plates encompassing “a wide range of religious sentiments .... [i]n the case of infidel we believe it does carry an offensive connotation now because of the way it's being used by radical elements.” (Id. ¶¶ 47–48.) On December 28, 2012, Matwyuk sent the Department of State a second letter renewing his request for reconsideration and stating that, as a veteran of the Iraq war, he is in fact an infidel. (Id. ¶ 48.) On January 17, 2013, Defendant Fildey wrote to Matwyuk confirming that the requested plate would not be issued. (Id. ¶ 45.)

Matwyuk filed his complaint in the instant case on September 11, 2013. On September 13, 2013, the Department of State changed its position and notified Matwyuk that his requested plate would be issued. Thereafter, Defendants filed a motion to dismiss. In response, Matwyuk filed an amended complaint, which added David DeVarti as a plaintiff. On October 11, 2013, DeVarti, an anti-war activist, applied for a vanity plate reading “WAR SUX.” (Id. at Page ID 153, ¶¶ 53–54.) The Department of State denied DeVarti's request on October 14, 2013, because the requested plate “might carry a connotation offensive to good taste and decency in violation of the Motor Vehicle Code.” (Id. ¶ 55.)

II. Discussion

Defendants contend that Matwyuk's claims for declaratory relief are subject to dismissal under Federal Rule of Civil Procedure 12(b)(1) because Matwyuk lacks standing, his claims are moot, and the applicable factors set forth in Grand Trunk Western Railroad Co. v. Consolidated Rail Corp., 746 F.2d 323, 326 (6th Cir.1984), weigh against the Court exercising its discretion to provide declaratory relief. Defendants also contend that Defendant Fildey is entitled to qualified immunity with regard to Matwyuk's damage claims. As to DeVarti, Defendants argue that his claims must be dismissed because the statutory language at issue is neither facially overbroad nor vague and is not unconstitutional as applied to DeVarti, and DeVarti's allegations fail to support the severe remedy of injunctive relief.¹

A. Matwyuk's Claims

1. The Court has Jurisdiction Over Matwyuk's Request for Declaratory Relief

a. Standing²

Defendants argue that the Court should dismiss Matwyuk's claims for declaratory relief because he lacks Article III standing. “Standing is the ‘threshold question in every federal case.’ ” Grendell v. Ohio Supreme Ct., 252 F.3d 828, 832 (6th Cir.2001) (quoting Coyne v. Am. Tobacco Co., 183 F.3d 488, 494 (6th Cir.1999) ). To satisfy the standing requirement, “a plaintiff in federal court must allege such a personal stake in the outcome of the controversy as to warrant his invocation of federal-court jurisdiction and to justify exercise of the court's remedial powers on his behalf.” Greater Cincinnati Coal. for the Homeless v. City of Cincinnati, 56 F.3d 710, 715 (6th Cir.1995) (internal quotation marks and citations omitted). Standing encompasses both Article III requirements, as well as prudential limitations on the exercise of jurisdiction. Kowalski v. Tesmer, 543 U.S. 125, 128–29, 125 S.Ct. 564, 567, 160 L.Ed.2d 519 (2004) (quoting Warth v. Seldin, 422 U.S. 490, 498, 95 S.Ct. 2197, 2205, 45 L.Ed.2d 343 (1975) ). To establish Article III standing, a plaintiff must show injury-in-fact, a causal relationship between the injury and the defendant's challenged acts, and the likelihood that a favorable decision will redress the injury. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560–61, 112 S.Ct. 2130, 2136, 119 L.Ed.2d 351 (1992). An injury-in-fact must be “concrete and particularized and actual or imminent.” Id. at 560, 112 S.Ct. at 2136. A plaintiff who seeks declaratory relief can meet the standing requirements by showing “actual present harm or a significant possibility of future harm ....” Peoples Rights Org., Inc. v. City of Columbus...