DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
081429P.pdf 03/26/2009 Kevin Roach v. Omar Davis
U.S. Court of Appeals Case No: 08-1429
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Gruender, Author, with Beam and Shepherd, Circuit Judges]
Civil case - civil rights. District court judgment requiring the Director
of the Missouri Department of Revenue to issue plaintiff's "Choose Life"
specialty license plate and declaring MO. Rev. Stat. 21.795(6)
unconstitutional is affirmed; the messages on the available specialty
plates communicate private speech, not government speech; Section
21.795(6) of Missouri's specialty plate program is unconstitutional
because it permits the State to engage in viewpoint discrimination; this
section is severable from the remainder of the statute, and the State can
still issue specialty license plates; since the program remains in place, the
district court did not err in enjoining the defendants to issue the "Choose
Life" plate.