1st Amendment Attorney Fees and Cancer Research
My name is Kari Overington and I am a cancer survivor. In the fall of 2018 I was diagnosed with an aggressive form of breast cancer, BRCA1 Stage 2 Triple-Negative. After a bilateral mastectomy and chemotherapy I am a survivor. The first 5 years after my treatment are critical. Because of the aggressive nature of the cancer I had, if I can get through these 5 years without a reoccurrence, it is very unlikely that my cancer will ever come back.
At the end of 2020 I decided that I wanted to get a vanity tag for my car and so in December I reserved "FCANCER" through the Delaware DMV website. In January 2021 I went to the DMV to pay for my vanity tag and complete any other require paperwork. The first week of February 2021 my vanity tag arrived in the mail and I was thrilled. I put it on my car right away and shared pictures on social media.
Everywhere I go I get positive comments on my tag. Everyone has been so supportive and other cancer warriors /survivors and their family and friends have stopped to talk with me after seeing my tag. I have even had people yell out their car window words of support while sitting in traffic.
On June 28, 2021 I came home from work to find a letter in my mailbox from the DMV explaining that they were recalling my vanity plate because it "does not represent the State and the Division in a positive manner" and "Any plate considered offensive in nature will be denied or recalled if issued in error". I am not exaggerating when I say I was devastated. The letter did not contain any information about the appeal process, and so the next day I contacted the DMV to get more information. When I spoke to a representative at the DMV I was told the decision was final and there was no appeal process. I was shocked and disappointed so later that night I started doing some research of my own and found several recent cases similar to mine in other states in which the courts found that the denial or recall of vanity plates violated the First Amendment.
The next day I composed a letter and forwarded it to several government officials and local legislators. I received positive responses from several legislators and started to feel more positive about the chances of getting the DMV's decision overturned. Unfortunately after 3 weeks of correspondence I received an email from the Director of the DMV on July 22, 2021, informing me that "I can confirm for you that there remain no additional levels of administrative review which can be undertaken".
This has lead me to my to the reason for this fundraiser. I am looking to hire an attorney who can help me take this case to court. I have spoken to a couple attorneys and for any of them to even start work on my case they want anywhere from $5,000-$7,500. They have all agreed I have a good case, but point out these cases can become long drawn out affairs that get very expensive. Because I feel so strongly about my first amendment right and the message "FCANCER" I went to the District Court on August 4, 2021 and filed my complaint without the assistance of an attorney. This is going to be a long hard fight and I need your help to go the distance.
Any funds raised that are not used for court costs or legal fees will be donated to cancer charities. I am in the process of setting up a website, www.FCancerDE.com, and will publish a running log of incoming donations and outgoing expenses for everyone to see. The website will also include links and information about other ways to help beyond monetary donations.
Thank you for taking the time to read my story and for any help you can provide.
