Children First Foundation, Inc. v. Fiala

Judge Livingston

dissents in a separate opinion.

BACKGROUND

I. Factual Background

From 1992 to 2004, the New York Department of Motor Vehicles (“DMV” or “the Department”) administered a “Take Your Pride for a Ride” program as a means to raise revenue. The program permitted nonprofit organizations to- apply for custom license plates supporting their causes. These plates customarily depict the nonprofit’s logo and a mission-oriented tagline, under a “New York” banner. Once approved, the custom plates were made available to motorists as an alternative to the State’s standard license plate design.…