North Carolina DMV removes Confederate battle flag license plate

RALEIGH – Six months after acknowledging it had received complaints about the representation of the Confederate battle flag on a specialty license plate, the N.C. Department of Motor Vehicles will no longer issue or renew the plate for drivers.

The removal of the license plate, issued to members of the Sons of Confederate Veterans organization, quietly became effective at the start of the new year, according to a statement from the NCDMV.

"Effective January 1, 2021, the Division of Motor Vehicles will no longer issue or renew specialty license plates bearing the Confederate battle flag or any variation of that flag," the statement read. "The Division of Motor Vehicles (DMV) has determined that license plates bearing the Confederate battle flag have the potential to offend those who view them. We have therefore concluded that display of the Confederate battle flag is inappropriate for display on specialty license plates, which remain property of the state."

In July 2020, as the nation became embroiled in a reckoning with its racial past spurned by the killing of George Floyd in Minneapolis police custody, the NCDMV confirmed it had received complaints about plates bearing the Confederate flag.

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The plates incorporate a specific design for the Sons of Confederate Veterans (SCV), an organization founded in 1896 by the United Confederate Veterans, who were men that fought in the Civil War and wanted to pass on the South’s heritage to their descendants.

Last summer, the state reported it had more than 2,500 active license plates that bore the SCV's Confederate flag emblem. As of Feb. 1, 2021, that number has increased to 3,015, according to NCDMV spokesman Steve Abbott.

Frank Powell, spokesman for the North Carolina chapter of the SCV, said members were not given a heads up on the discontinuation and only found out when they went in for renewals at the start of the year.

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Powell said the plates are used as signs of membership in the organization and stated last summer they had no plans of forfeiting them because of complaints.

The DMV's statement on its decision specifically cites the ruling in the North Carolina Division of the Sons of Confederate Veterans v. Faulkner, a 1998 court case that saw the SCV sue the state for recognition as a civic organization that qualified for the issuance of a specialty plates. The SCV won the case in a ruling upheld by the N.C. Court of Appeals, leading to the introduction of the Confederate battle flag plate.

In its statement, the NCDMV contends that it remains in accordance with the ruling, which it said does not extend to the actual contents of the specialty plate.

"Consistent with the ruling in North Carolina Division of the Sons of Confederate Veterans v. Faulkner, DMV will continue to recognize the North Carolina Division of Sons of Confederate Veterans (“SCV”) as a civic organization entitled to the issuance of a specialty plate," the statement read. "However, SCV’s classification as a civic organization does not entitle it to dictate the contents of the government speech on that specialty plate.

Powell refutes this stance and said the organization plans to fight the decision, having already assembled its legal team to look into the matter.

"Our plates were issued under a court order and it was upheld by the N.C. Court of Appeals," he said. "I don't care who is the commissioner of the Department of Transportation is, they cannot violate the ruling."

The DMV also states that it has reached out – unsuccessfully – to the SCV about submitting an alternative design for the organization's specialty plate that does not contain the Confederate battle flag.

"Since these efforts have proven unsuccessful so far, the DMV determined the agency would no longer issue or renew these specialty plates," the statement read.

Powell further refutes this claim, saying no one in the organization's leadership has been contacted by the agency about an opportunity to design another plate.

"That is a blatant falsehood," he said.

The DMV reaffirmed it remains open to considering an alternative design and would resume the issuance of a specialty plate for SCV members upon approval. But until such an agreement is made, it will "either issue SCV members standard plates and refund any specialty-plate fees paid or provide them with different specialty plates," according to the statement.

Abbott confirmed Monday the plates will remain valid for drivers who already have them until their annual renewal period. While they are not required to turn the plate in, it can no longer be used on their vehicle once expired and they must notify their insurance company if issued a new plate with a new number.

Among the nearly 200 specialty plates available in the state, the SCV plate cost drivers a $30 personalization fee and a required $10 plate fee.

Reporter Hunter Ingram can be reached at 910-343-2327 or [email protected].