Woman named ‘Isis’ challenges DMV over licence plate

Isis Wharton is contesting a California DMV decision to revoke her personalized licence plate, "I AM ISIS." (KCRA via CNN Newsource)

SACRAMENTO, California — Isis Wharton is contesting the California Department of Motor Vehicles’ decision to revoke her personalized licence plate, which she believes is protected under the First Amendment.

On Friday, Wharton received a letter from the California DMV regarding her car’s personalized licence plate, “I AM ISIS.”

The letter stated: “Dear Isis, the Department of Motor Vehicles has reviewed its records, and it was determined that personalized license plates ‘I AM ISIS’ assigned to your 2021 Kia contain a configuration of letters/ and or numbers that are non-compliant with the requirements of Title 13.”

Wharton purchased the US$50 licence plate back in 2022 and has paid a $50 renewal fee for three years ever since.

“I just did my registration a couple months ago, and they didn’t say anything then either,” she said.

The DMV now says the licence plate violates Section 206 of the California Code of Regulations, which allows the agency to refuse plates that associate with anything illegal or violent.

“Regardless of your intention, the configuration ‘I AM ISIS’ can be construed as ‘I AM ISLAMIC STATE OF IRAQ AND SYRIA (ISIS),’” the DMV added.

Wharton expressed her surprise and confusion upon reading the letter.

“I was surprised. My first reaction: I was super surprised. I was confused since I’ve had it for so long. And I was honestly super hurt,” she said.

Leslie Jacobs, a professor at McGeorge School of Law, weighed in on the situation, citing that Wharton’s licence plate is protected under the First Amendment.

“The free speech clause protects people saying their own messages on personalized licence plates,” Jacobs said. “And so, most likely, the DMV is not going to be able to prevent her from saying that.”

Jacobs referred to a 2020 U.S. District Court decision in a similar case in which a federal judge ruled the DMV’s censorship of personalized licence plates was unconstitutional because personalized sayings are protected under the First Amendment as private speech.

“The United States Supreme Court has said that specialty licence plates, those are the ones like save Lake Tahoe, can be government speech. And maybe the government can prevent people from having specialty licence plates, but these are personal licence plates. And so, they’re going to say it’s her own speech,” Jacobs said.

For now, Wharton is unsure of her next steps, but her family is supporting her, much like the nurturing Egyptian goddess Isis she was named after.

“I’m proud of my name. I’m proud that it’s on my car. And I feel like driving around. It looks cool,” Wharton said.

The DMV has given Wharton until Sept. 25 to request a hearing, which she is currently working on drafting. If she does not meet that deadline, the DMV will proceed with revoking the licence plates.