Ken Paxton sues Texas DPS over religious ads ban in handbook

Texas Attorney General Ken Paxton sued the Texas Department of Public Safety this week, arguing a rule that prohibits religious ads in the Texas Driver Handbook is in violation of the First Amendment.

Texas Attorney General Ken Paxton filed a lawsuit this week against the Texas Department of Public Safety, challenging a rule that bans religious ads in the Texas Driver Handbook and DPS mailings.

DPS, however, said it doesn’t run ads in its handbook. Paxton’s filing argues that a rule prohibiting religious ads in the handbook infringes on Texans’ First Amendment rights.

The state agency, which provides statewide law enforcement and oversees driver’s licenses, told Austin-based TV station KXAN this week that it hasn’t spoken with the attorney general about the subject.

“This rule discriminates against religious organizations’ speech … allowing secular entities to purchase ad space or otherwise engage in secular speech in the Handbook,” the filing in Travis County District Court says.

The lawsuit cites a rule that was established in 2000, which allows DPS to contract with people and businesses for advertising. But, there are some strict limitations on the ads DPS can sell. The ads cannot involve religion or politics and must be “in good taste,” the rule says.

Ads for ballot propositions, alcohol or tobacco products, gambling and “controversial organizations,” also aren’t allowed, KXAN reported.

The 91-page Texas Driver Handbook outlines information about rules surrounding driver’s licenses, vehicle inspections and road safety in Texas. The current version does not contain any ads.

The lawsuit references a 2019 federal court ruling on a case in Pennsylvania to support Paxton’s case. There, the Northeastern Pennsylvania Freethought Society tried to buy ads on public buses that used the word “atheists.” The local transit system rejected the ad, citing a similar rule to the one DPS has on the books, but the Third Circuit Court of Appeals struck down the rule, saying the transit system violated the First Amendment.

“If the Court does not grant the Attorney General’s application, harm to Texas citizens is imminent,” Paxton’s filing reads. “Defendants continue to administer the Religious Ads Prohibition; thus, the denial of Texas citizens’ constitutional rights is ongoing.”

Paxton is in the midst of a heated U.S. Senate race. He’s trying to oust longtime incumbent John Cornyn in the Republican primary. Election Day is on March 3.