ACLU files suit on behalf of Holbrook man

Thursday, November 17, 2011
Shoemaker's campaign vehicle. (Courtesy photo)

LINCOLN, Nebraska -- Today the American Civil Liberties Union Nebraska filled a case against the State of Nebraska Department of Motor Vehicles on behalf of Frank Shoemaker of Holbrook, Nebraska. The complaint alleges that the Department of Motor Vehicles violated Mr. Shoemaker's First Amendment rights when the department refused to issue him a personalized license plate reading "NE 420."

The DMV's policy states that message plates will be rejected if they "express, connote or imply objectionable, obscene or offensive words or phrases." ACLU alleges that this policy oversteps government's authority and violated Mr. Shoemaker's rights. "There is nothing obscene or offensive about Mr. Shoemaker's proposed plate. It's purely political speech relating to a current ballot initiative," said ACLU Nebraska Legal Director Amy Miller.

"The plate was not just a personal thought, but a political one," said Mr. Shoemaker who planned on using the plate on a vehicle that is part of Proposition 19, a ballot initiative campaign to change Nebraska's cannabis laws. "I don't think I should be told to keep quiet just because the State doesn't like my political views."

Shoemaker is sponsor of Proposition 19, which was filed with the Nebraska Secretary of State around the same time Shoemaker applied for his personalized plate. "Sixteen states and the District of Columbia have legalized some form of marijuana use. This is a conversation happening around the country, so how can Nebraska say it's illegal to even talk about it here?" asked Shoemaker.

"The 8th Circuit federal court has already ruled that license plates are a legitimate place for personal and political expression," said volunteer cooperating attorney Tracy Hightower-Henne of Omaha. "Nebraska's DMV guidelines about what is acceptable for a personalized plate are too vague to give sufficient, specific standards for what plates will pass and which will be censored."

"The State of Nebraska is picking favorites, saying what is acceptable expression using unclear and arbitrary guidelines. When this happens then all Nebraskans could have their voices squelched," said Miller.

The full complaint can be viewed online at www.aclunebraska.org.

A link to the Proposition 19 filing can be viewed online at http://www.sos.ne.gov/elec/2012/pdf/Marijuana%20Initiative.pdf

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  • Frank just seems to get bored every couple of years and has to get involved in something. I would much rather he get involved in something other than marijuana promotion. Wish I had the spare time on my hands that Frank does.

    -- Posted by bntheredunthat on Thu, Nov 17, 2011, at 4:18 PM
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  • Here is the work of the idle rich. The thinking of a trust funder. It's all about me me me.

    -- Posted by Hugh Jassle on Thu, Nov 17, 2011, at 4:44 PM
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  • *

    Do you commenters ever think of freedom? I mean, as in the Bill of Rights. You should worry that they are taking his freedom, because yours could be next.

    In Germany they first came for the Communists,

    and I didn't speak up because I wasn't a Communist.

    Then they came for the Jews,

    and I didn't speak up because I wasn't a Jew.

    Then they came for the trade unionists,

    and I didn't speak up because I wasn't a trade unionist.

    Then they came for the Catholics,

    and I didn't speak up because I was a Protestant.

    Then they came for me -

    and by that time no one was left to speak up.

    I am not interested in smoking pot. Also not interested in spending my tax dollars chasing those who do. Laws against "stupid" are doomed to failure. Some people are always gonna be stupid; why make it illegal?

    -- Posted by Boomer62 on Thu, Nov 17, 2011, at 5:35 PM
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  • Does freedom come with any responsibility? I personally believe freedom without responsibility is libertarianism. Libertarianism basically means doing whatever you want, when you want, no matter what. Which is the mantra of the weed legalization crowd.

    Isn't there a cost to that as well. Substance abusers or casual users are not as productive as workers, students, and parents. Their lackadaisical approach to life means the rest of society must pick up their slack. Substance abusers and casual users also require more health care resources, and time away from work, during their lifetimes, not only from the direct intoxication, but also in the accumulated effects over their lifetimes.

    They also lose their moral authority over their children when it comes to substance abuse and casual useage. A little thing called hypocrisy.

    This is why society moves to make laws against substance abuse, or even usage. Substance abusers and casual users cost society valuable resources. Users represent a net loss to society.

    I do think of the Bill of Rights, always. For you to bring up the comparison to nazi Germany and equate that with pot-heads, means you lost the argument there Boomer62. That's why we democratically elect our representatives to represent out views in this republic we live in.

    -- Posted by Hugh Jassle on Thu, Nov 17, 2011, at 9:17 PM
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  • Why not have a sticker made to go over the entire back window that say ne420.

    Theres a company online that does it for 139 any size decal and you can still see out the back window.

    -- Posted by npwinder on Thu, Nov 17, 2011, at 10:18 PM
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  • *

    And how effective are the laws against drugs? Would you have trouble buying anything you wanted in McCook today? We have spent billions in the past 40 years on the War on Drugs. All we have to show for it it hundreds of thousands of drug offenders in jail costing us money, enriching the mob, corrupting judges and cops, and clogging up the the court system. We even have Intervention on TV to show how much good the drug laws are doing.

    Unintended consequences, my friend.

    I brought up nazi Germany because it is an apt comparison. I am not a commie so I don't defend their rights, I am not a druggie so I don't defend their rights, I am not an Occupy Something person so I don't defend their rights?

    If I must agree with someone to defend their right to their opinion, will my opinion eventually become intolerable?

    I fear disagreeable opinions far less than I do a government which takes away the right to express those disagreeable opinions.

    You are right in your assessment that I believe in freedom. As much as we can get.

    Here is an article that explains it better than I can:

    http://dailyreckoning.com/freedom-the-new-and-future-experiment/

    -- Posted by Boomer62 on Thu, Nov 17, 2011, at 10:23 PM
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  • I believe the laws would be very effective if we choose to enforce them fully. Why not send drug dealers to prison, they are introducing a poison into our society that most parents try to sway their children away from. Does anyone have a fool proof way to keep kids away from drugs?

    Why stop at weed? Some might say cocaine has benefits as well, can make you more interesting at social gatherings. Meth, a great weight loss drug. Mushrooms, broadens our creative horizons.

    Why stop at drugs? What about rape laws? Many men might achieve a great deal of pleasure if they could "have" any man, woman, or child any time they wanted. Would proponents of this say the courts are clogged prosecuting rapists and money wasted by jailing them. Of course they would.

    This is a states rights issue, and I want my state not promoting drug use. Alcohol already gives us enough problems, drug would multiply this. I apply my opinion at the ballot box, that's why Frank Shoemaker is not our senator.

    -- Posted by Hugh Jassle on Fri, Nov 18, 2011, at 4:40 AM
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  • I think the main point of this should not be about drug laws and how effective or ineffective they are. It is more about someone with means wasting time and money when he could simply use stickers. Chunky nailed it in his first comment.

    I have no problem with someone voicing their opinion. But if Frank wants to throw around some money he should give it to someone who needs it or use it to start a business that would provide some jobs instead of wasting it on a lawsuit. Just because you CAN do something doesn't mean you should. If I had Frank's time and resources I would put them to much better use.

    -- Posted by bntheredunthat on Fri, Nov 18, 2011, at 11:34 AM
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  • I have the pleasure of knowing Frank and his entire family for that matter, and they do way more for this area and the State than many know. They do so and do not WANT nor do they seek or need approval. The "resources" comments are just too much. That is NOT the point here. GO FRANK GO!

    -- Posted by farmersdaughter on Sat, Nov 19, 2011, at 2:16 PM
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  • So, farmersdaughter, what do you guys grow on your farm?

    Yes, the Schoemakers do a lot of good things, as many of us know. This is NOT something any of them should be known for or associated with.

    -- Posted by bntheredunthat on Sat, Nov 19, 2011, at 10:15 PM
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  • Agreed bnthere.

    -- Posted by Nick Mercy on Mon, Nov 21, 2011, at 10:49 AM
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  • Bntheredunthat, you say we are introducing a poison with this plant? What about the chemical concoctions they create in the labs to replace phytonutrients in our food and make it cheaper and easier to produce? Seriously...can you even actually read, let alone enunciate the chemicals in all the soda's, 'fruit juices', 'cheese's', the list goes on and on that you and every other person ingests daily? Talk about poisons....let's be realistic here.

    You're also not very aware about the ACLU are you? Look into them and what they stand for and 'how much' this cost Frank....do yourself a favor and do some research and try and learn something.

    I have an indoor farm. It's fully legal too where I live. I'm glad that I am no longer constricted by the closed minds of southwest nebraska...great place to grow up, not a great place to grow into a fully capable adult with self rational interests.

    -- Posted by marlin on Mon, Nov 21, 2011, at 2:47 PM
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  • Marlin,

    You must have my post confused with another one. I don't recall saying anything about poison plants.

    I am fully aware of the chemicals put in our food that is ignored/lied about by the USDA/FDA. This is not comparable to marijuana. The foods we eat do not impair our thinking, judgement or actions.

    I am quite educated, thank you. Just because I don't have an indoor farm or an "open mind" does not mean I am not educated.

    When I have a little more free time like you and Frank, I will do some research and "learn something".

    I'll let you get back to your farm now so you can contribute to society.

    -- Posted by bntheredunthat on Mon, Nov 21, 2011, at 4:12 PM
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  • Bntheredunthat, I apologize that was to Chunky PB about the poison, you just backed him up on his statement, nailed it on the head precisely.

    You did however say he's throwing money around on the ACLU...hence why I said do research as to how much that 'costs'.

    Again, you were inept at comprehending what you read. The education, had nothing to do with an indoor garden. Glad to know I can get back to contributing to society with my organic, indoor farm. You know, producing, healthy, phytonutrient rich foods without pesticides or other chemicals used to ensure your need for pharmaceutical dependency. If you really know much about the chemicals, you'd be all for my organic farm. What exactly are doing for society and the world you inhibit?

    -- Posted by marlin on Thu, Nov 24, 2011, at 1:50 PM
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  • My bad, Marlin. I guess I assumed your farm was for smokeable plants and not edible ones. Yes, I would be supportive of your organic farm had that been clarified earlier.

    A lawsuit would cost time and money no matter who is involved. I could care less about Frank's cause. But I am kind of glad the state decided to just let him use his silly plate and not waste resources.

    -- Posted by bntheredunthat on Thu, Nov 24, 2011, at 6:11 PM
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