Virginia revokes license plates featuring Confederate flag

A previous version of this story stated the judge ordered Confederate flag license plates to be recalled.

Watch CBS 6 News at 11 p.m. for an update on this developing story from reporter Chelsea Rarrick.

The Virginia Department of Motor Vehicles said Thursday that the state will begin recalling the almost 1,700 license plates that feature the Confederate flag, after a federal judge vacated an injunction that required the state to offer such specialty plates.

A 2001 injunction allowed the Sons of Confederate Veterans to place the Confederate flag on certain license plates in Virginia. Once the plates are manufactured, they will be sent to affected motorists, DMV spokeswoman Brandi Brubaker told The Virginian-Pilot (http://bit.ly/1JQsdl6 ).

Late Thursday, Kiser filed his written order, paving the way for the state to begin the flag recall, said Michael Kelly, spokesman for Attorney General Mark Herring, who sought to lift the injunction.

The ruling comes after the Supreme Court ruled in Walker v. Texas Division, Sons of Confederate Veterans, Inc. that specialty license plates represent the state’s speech, not the drivers.

At a hearing last week, Kiser said he would dismiss the case and grant the Commonwealth’s motion; today he issued the formal opinion and dismissal order. According to the Supreme Court, the Commonwealth is free to treat SCV differently from all other specialty groups. “Because the underlying injunction violates that right, I have no choice but to dissolve it”.

The Virginia General Assembly approved a specialty license plate for the SCV in 1999, but lawmakers forbid the group from displaying the Confederate insignia.