
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, March 15, 1991                   TAG: 9103150910
SECTION: VIRGINIA                    PAGE: C4   EDITION: EVENING 
SOURCE: Associated Press
DATELINE: RICHMOND                                LENGTH: Short

VIRGINIAN AGAIN SEEKS `ATHEIST' CAR LICENSE TAG

Arnold Via of Grottoes says that if an out-of-state resident can legally drive through Virginia in a car with a license plate that reads "ATHEIST," he should be able to do the same.

Via, whose personalized license plate was revoked by the Department of Motor Vehicles six years ago, applied again Thursday for a vanity tag proclaiming his belief that God does not exist.

Charles Jamerson, manager of the DMV branch in downtown Richmond, accepted Via's application and $6.67 payment - the prorated difference between the cost of a regular plate and a vanity tag. He said it will be four to six weeks before Via is notified whether he can have the plate.

Via was accompanied on his trip to the main DMV branch in downtown Richmond by Robert Sherman of Buffalo Grove, Ill., spokesman for the Austin, Texas-based American Atheists Inc. Sherman's car, which was parked in front of the DMV office, bears Illinois tags that read "ATHEIST."

"I resent the fact that I am not allowed to own an `ATHEIST' tag, but Mr. Sherman can come into the state with the same plate," Via said.

Via said he believes his First Amendment right to free expression is being violated.

In 1982, before the personalized tags were expanded from six to seven letters, Via obtained the tag "ATHEST." DMV revoked the tag in 1985 after a citizen complained.

Via challenged the decision, but the Virginia Supreme Court in 1987 upheld a lower court ruling that the plates are state property controlled by DMV. The U.S. Supreme Court refused to hear the case.

Sherman said Via's personalized tag was revoked "because of anti-atheist bigotry" and should be reissued.

by CNB