MEDIA ADVISORY, Sept. 26 /Christian Newswire/ -- In an unusual twist, Governor Eliot Spitzer -- in his official capacity as Governor of the State of New York-- has been added as a defendant in a case that he once oversaw as Attorney General of New York State. Spitzer's newly appointed DMV Commissioner David Swarts has been also been added as a defendant. An important federal court procedural hearing took place yesterday in Syracuse as this high profile case continues its battle to be heard in court.
In August 2004, the DMV rejected the New York "Choose Life" License Plate sponsored by The Children First Foundation and issued a moratorium to block the approval of all new custom plates for non- profit organizations and causes. On July 26, 2006, the moratorium was further expanded when Governor Pataki cited First Amendment "legal concerns" and unexpectedly vetoed 15 legislatively approved custom plates, including the "9/11 Remembrance" Plate, the "Cure Childhood Cancer" Plate, the "Survivor of the Bravest" Plate" and many others.
Governor Spitzer already has two strikes against him. As New York's former Attorney General, Eliot Spitzer was the official attorney for Defendants George Pataki (former Governor), Raymond Martinez (former DMV Commissioner), and Jill Dunn (Deputy Commissioner and DMV Counsel) when the Office of the Attorney General (OAG) failed in its efforts to dismiss a federal lawsuit filed against the defendants by The Children First Foundation. Spitzer's OAG appealed the decision to the 2nd Circuit Court of Appeals where they struck out a second time.
As CFF's federal lawsuit now heads to trial, CFF's legal team at the Alliance Defense Fund is holding both Governors and both DMV Commissioners responsible for unconstitutionally rejecting CFF's pro- adoption "Choose Life" License Plate in New York.
"The DMV's moratorium is a textbook example of blatant and unconstitutional government censorship and government discrimination in New York," said CFF's President, Dr. Elizabeth Rex. "It is time for Governor Spitzer and Commissioner Swarts to lift the moratorium, approve our plate and protect free speech, due process and equal treatment under the law at the DMV."
Since 2001, The Children First Foundation has granted over $58,000 to Pregnancy Centers, Maternity Homes and Safe Haven efforts throughout the Tri- State Area to help promote and support Adoption as a positive choice for unwanted pregnancies and unwanted newborns.