Gourley

The Women's Resource Network v. Gourley

Good Law
305 F. Supp. 2d 1145·2004 WL 383384·2004 U.S. Dist. LEXIS 2816
United States District Court, Eastern District of CaliforniaFebruary 20, 2004CV S-03-0786 GEB PANCalifornia6,275 words

Opinion

Opinion

Burrell, J.

PERMANENT INJUNCTION

Plaintiffs move both for a permanent injunction and declaratory relief, seeking to invalidate numerous specialized license plates mounted on California motor vehicles. Plaintiffs contend these plates were issued through an unconstitutional, stan-dardless statutory scheme which gives the California Legislature unbridled discretion to decide whether to authorize issuance of a plate. Each challenged plate was specifically authorized by statute. Plaintiffs state their lawsuit is brought against Defendant Steven Gourley in his official capacity as the Director of the Department of Motor Vehicles (“Gourley” or “DMV”) because California has given Gourley authority to administer its license plate program. Plaintiffs seek to prevent Gourley from renewing license plates issued under the challenged statutes and from issuing any new license plate authorized by the Legislature under California Vehicle Code § 5060. They also seek an order requiring Gourley to recall all plates previously issued under the statutes.

Plaintiffs commenced this lawsuit after plaintiff The Women’s Resource Network ("WRN”), a private nonprofit organization, was unsuccessful in its attempts to…

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