The state concluded the licence plate “LUVTOFU” could’ve been seen as a reference to sex instead of admiration for bean curd. The motorist insisted there was no mistaking his intent because the back of his car had several tofu-related stickers.
“It’s my protest against eating meat and animal products,” Peter Starostecki, the disappointed motorist, said after a Zoom session with a hearing examiner for the Maine Bureau of Motor Vehicles.
Heather Libby and her best friend grudgingly gave up their matching licence plates that contained a word for a female dog.
“People are so sensitive nowadays,” said Libby, of Jonesport, after a hearing examiner rejected her appeal. “I just think it’s foolish.”
When the state effectively ended the review process for so-called vanity licence plates in 2015, some residents filled their plates with all manner of profanities, including F-bombs, either spelled out or abbreviated.
Residents in a state known for being laconic and even-tempered soon were sporting uncensored plates pairing the F-word with “snow”, “haters”, and “ALS”, — the incurable neurodegenerative disease.
After licence plate freedoms spiralled out of control, the Maine Legislature directed the Bureau of Motor Vehicles to re-establish a system for vetting the state’s roughly 120,000 vanity licence plates.
The new rules ban derogatory references to age, race, ethnicity, sexual orientation, gender identity, national origin, religion or disability. Also banned is language that incites violence, or is considered obscene.
Restored as censors, Maine’s vehicular officials now walk a similar tightrope as their colleagues in other states.
In 2020, a federal judge ruled that California’s ban on plates that are “offensive to good taste and decency” was overly broad, and violated constitutional rights to free speech. Earlier this year, Texas officials rejected a licence plate similar to Starostecki’s — “LVTOFU” — leading to rebukes from an animal rights group.
Maine’s rules were narrowly crafted to pass legal muster, officials said.
Secretary of State Shenna Bellows said motorists have the freedom to express themselves, but she said that they should do it on a bumper sticker, not a state-issued licence plate.
“We have a public interest in keeping phrases and words that are profane or may incite violence off the roadways,” she said.
She said she’s happy that most motorists have relinquished their objectionable licence plates without a fight. So far, there have been only 13 appeals, but there could be more.
If a motorist loses an appeal to a hearing examiner, then they can sue in Superior Court. So far, no one has taken that step.
As for Starostecki, he was offered another licence plate that had become available, V3GAN. But he decided he was done with vanity plates. He’s awaiting a new licence plate — a boring one randomly selected by the state.
Libby, who lost her B-word plate, got a custom plate celebrating her dog Zeus, named for the mythical god of thunder. “That could be offensive to someone because it’s a Greek god,” she quipped. “But I hope not.”
