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On February 10, 2010, I – through my attorney Brittany M. Novotnyfiled a civil lawsuit against The Oklahoma Tax Commission in The Oklahoma County District Court. The case seeks to have certain sections The Oklahoma Administrative Code (specifically, sections of O.A.C 710:60-3-150) dealing with the content and issuance of personalized license plates declared unconstitutional. You can follow the case on it’s Facebook page.

The press release issued upon filing was as follows:

For Immediate Release
Contact: Keith Kimmel, 405.886.5095, http://tinyurl.com/otcplatecase

Oklahoma City, OK – An Oklahoma taxpayer has filed a civil lawsuit in Oklahoma County District Court against the Oklahoma Tax Commission, continuing a battle for freedom of speech on vanity license plates. The suit seeks to have part of the Commission’s rules regarding the issuance of personalized license plates declared unconstitutional.

Keith Kimmel, who filed the suit through his attorney, provided the following statement: “The Oklahoma Tax Commission is continuing to subject Oklahomans to a subjective decision making process in issuing personalized vanity license plates. Under our state Constitution, all Oklahomans enjoy the right to freedom of speech and an equal opportunity to express their viewpoints. Previous testimony in the administrative proceedings held on this matter have shown that the Commission is selectively granting and denying applications based on Commission employees’ own personal prejudices and viewpoints. The Constitution requires that state rules are viewpoint neutral, with an objective standard that puts the taxpayer on notice of what is legal and what is not. This suit is intended to put an end to the Tax Commission’s unconstitutional practice of subjecting taxpayers to the whim of individual employees.”

The case is Keith Kimmel v. State of Oklahoma, ex rel, Oklahoma Tax Commission, Oklahoma County Case No. CJ-2010-1072.

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