Charlottesville, Va.—Today, Judge Claude Worrell of the 16th Judicial Circuit of Virginia declared Charlottesville’s business license tax, as selectively applied to freelance authors, unconstitutional. For the past few years, Charlottesville and surrounding Albemarle County assessed freelance authors a business license tax, even if they did not run a business or a storefront of any kind. The city and county business codes cover dozens of occupations but don’t mention writers, who therefore had no notice…
Massachusetts became the to eliminate licensing for natural hair braiders, thanks to a bonding bill signed late Thursday by Gov. Charlie Baker. With a rich heritage spanning millennia, natural hair braiding is a beauty practice common in many African American and African immigrant communities. Unlike cosmetologists, braiders do not cut hair or use any harsh…
EVENT: Indiana Supreme Court Hears Timbs Excessive Fines Argument, for Third Time, After U.S. Supreme Court Unanimously Overturns Earlier Ruling & Trial Court Awards Timbs His Vehicle DATE/TIME: Thursday, January 21, 2021 / 10 a.m. Eastern PLACE: Indiana Supreme Court Live Streamed on the Court’s website: https://mycourts.in.gov/arguments/default.aspx?court=sup PARTICIPANT: Sam Gedge, Attorney, Institute for Justice CONTACT:…
Degree requirement certain to drive up costs for child care in the District, which is already more expensive than all 50 states
Late Wednesday, the United States District Court for the District of Columbia dismissed a lawsuit filed by two day care providers and a D.C. parent alongside the Institute for Justice (IJ) challenging a requirement by Washington, D.C. regulators in the Office of the State Superintendent of Education (OSSE) that day care providers obtain a college…
Washington, D.C. Mayor Muriel Bowser signed a bill that will make it much easier for people with criminal records to become licensed in their chosen field. Previously, the District had below-average protections for ex-offenders seeking licenses to work, receiving a C- in a recent report by the Institute for Justice, Barred from Working. But thanks…
Gov. Mike DeWine signed legislation Saturday (HB 263) that will make it much easier for Ohioans with criminal records to become licensed in their chosen field. Previously, the Buckeye State had scant protections for ex-offenders seeking licenses to work, receiving a D- in a recent report by the Institute for Justice, Barred from Working. Now…
Arlington, Virginia—Today, the U.S. Supreme Court denied review in the decade-long lawsuit brought by brothers/entrepreneurs Jim and Cliff Courtney, who sought to provide boat service on Lake Chelan in Washington state. The denial lets stand a 2020 decision of the 9th U.S. Circuit Court of Appeals dismissing the Courtneys’ lawsuit. Since 1997, the Courtneys have…
Esteban Narez, 26, grew up in Watsonville, California with his mother and two sisters. Esteban withdrew from high school his senior year due to a major injury. He hasn’t been able to get a GED because the medical bills and his family’s finances have forced him to work full-time ever since. Esteban wants to train as a farrier, but California won’t let him.
Dave and Amy Carson are residents of Glenburn, Maine and have sent their daughter, Olivia, now a sophomore, to Bangor Christian Schools. But because Olivia’s school is religious, Glenburn is prohibited from paying for Olivia’s tuition.
Brent worked in banking for 42 years before he co-founded Vizaline to provide small community banks with a cost effective way to assess small property assets within their portfolios. But the Mississippi Board of Licensure for Professional Engineers and Surveyors claimed the company was practicing unlicensed surveying.
Hilda Brucker was sitting at home one day working her job as a freelance writer. The phone rang, she answered, and was told by a hostile voice that if she didn’t come down to the courthouse at once she would be given a failure to appear violation. She hastily complied. When she got there, she found out that the city had issued a citation, although it had never told her about it. She later learned the citation stated she was charged with (1) “Rotted wood on house and chipping paint on fascia boards”; (2) “High weeds in backyard and ivy on tree and vines on house”; and (3) “Driveway in a state of disrepair.” Not knowing what to do, Hilda pled guilty to the driveway charge, while the other two were dismissed. She paid a fine of $100 and was sentenced to six months probation, where she had to report to a probation officer, avoid alcoholic intoxication, and cooperate “with code enforcement upon request.” She later hired an attorney who filed a motion to vacate her sentence, but the motion was continued several times, eventually being granted only after her six-month probation would have already ended. She also obtained a home equity line of credit in case she needed to pay for any of the fixes that the city nebulously demanded.
Sage Lewis pioneered an innovative community for the homeless on his commercial property at 15 Broad Street in Akron, Ohio. His nonprofit, The Homeless Charity, provides tents, food, showers, computers, and other resources to 44 residents. But Akron is trying to eliminate his work through the city’s zoning code.
Pat Raynor, a lifelong hairstylist, became interested in working from home after her husband Harold passed away in 2009. But under Nashville’s ban on home-based businesses, Pat was forced to shut down her home hair salon.
Dr. Gajendra Singh opened Forsyth Imaging Center in 2017 to provide X-rays, ultrasounds, MRI scans, and other services at affordable prices. But Dr. Singh is stymied by North Carolina’s “certificate of need” laws.
IJ client Dr. Ben Burris is an Arkansas orthodontist who wants to offer low-cost teeth cleanings to people who cannot otherwise afford them. But it is illegal for him to perform basic dental services, even though he is a licensed dentist.
For decades, Isis Brantley has fought for her right to braid hair and to pass on her knowledge to others. She successfully sued the state of Texas after it attempted to force her to turn her braiding school into a barber college.
Dan Staackmann is the founder and president of Upton’s Naturals, an independently-owned, ethical vegan food company based in Chicago. Mississippi’s ban on using “veggie burgers” and other meat terms in their labeling will have a devastating effect on companies like Upton’s Naturals.
In May 2014, Philadelphia police showed up unannounced at Markela’s home and tried to seize the home through civil forfeiture because her son had been caught selling a small amount of drugs outside the home. After a year of uncertainty, the city agreed to stop seizing people’s homes without warning and forcing people to give up their constitutional rights and kick out family members. Even better—Markela’s son was allowed back home.
Korver Ear Nose and Throat LLC owns a recently constructed medical facility in Orange City, Iowa. It would like to convert the lower level of this facility into an outpatient surgery center, but does not want to incur the enormous time, expense, and uncertainty of going through the certificate of need process, only to be denied because of its competitor’s opposition.
Ash Patel moved to Texas from India to pursue his American Dream of opening up an eyebrow threading salon. But in 2009, Texas demanded that eyebrow threaders obtain an expensive cosmetology license—even though beauty schools teach absolutely nothing about eyebrow threading. Ash shut down his successful business to avoid paying $2,000 in fines. He teamed up with the Institute for Justice to vindicate his rights. Six years later, IJ scored one of its most important economic liberty victories when the Texas Supreme Court ruled that the state had violated the Texas Constitution by ordering threaders to obtain 750 hours of conventional cosmetology training. Threaders all over Texas are now free to work without having to obtain a government-issued license.
Brian Peffer owns and operates “Creative Chef on Wheels.” Brian simply wants to provide his customers with the best food and service he can, but Fort Pierce, Florida’s 500-foot ban stops him from competing.
Iowa’s certificate-of-need requirement prevents Michael Driesen and his children from receiving future ENT surgeries from Korver ENT because Korver ENT cannot open its proposed surgery center before obtaining a certificate of need.
James Slatic is a consummate entrepreneur who has started more than ten businesses and has been active in the medical marijuana movement. Annette works as a radiology technician for the local Veterans Administration Hospital. Lily is a sophomore at San Jose State University and her sister Penny is in high school.
Dr. Todd Bergland is a family doctor with over 15 years of experience, seven of which came while on active military duty, including serving as a tank battalion surgeon during Operation Iraqi Freedom. He recently founded Fountainhead Family Med, a primary care practice in Whitefish.
Samantha Harris hired Sally Ladd, a New Jersey-based entrepreneur, to manager her short-term vacation rental in Pennsylvania’s Pocono Mountains. But when Pennsylvania wanted Ladd to obtain a real-estate broker’s license, which requires her to spend three years working for an established broker, Sally felt forced to shut down her business.
Kim Billups turned her lifelong passion for history into a fun tourism business called Charleston Belle Tours, where Kim could give in-character tours of the major sites in Charleston, SC in full period regalia.
Wendy trained as a makeup artist in Hollywood and has over 20 years of experience working with celebrities. But in Nevada, teaching others how to apply makeup without a government-issued license can subject you to up to $2,000 in fines.
Lyndon McLellan has spent more than a decade running L&M Convenience Mart in rural North Carolina. Then, without any warning, agents from the IRS seized his entire bank account, totaling more than $107,000.
Inspired by France’s wine-growing regions, Nan Bailly’s father started Alexis Bailly Vineyard, Minnesota’s oldest operating farm winery, in 1973. Nan has continued her father’s legacy, making Minnesota wines with her vineyard’s grapes and other locally-sourced ingredients. She would like the freedom to offer new and greater varieties of blended wine to the public without worrying about an arbitrary limit on how many of her grapes crossed Minnesota’s border.
A registered nurse and grandmother from Katy, Texas, Anthonia had over $40,000 in cash seized by U.S. Customs and Border Protection. She was heading to Nigeria and planned to use the money to help family and to built a new medical clinic. Anthonia is now the lead plaintiff in a class action lawsuit against CBP’s policies of seizing cash and demanding owners waive away their constitutional rights to recover their money.
Liz has seven children, three of whom have a severe tissue disorder called EDS which requires constant medical attention. Liz needs Nevada’s ESA so she can design a quality education for her youngest EDS child, Dallin, who will likely miss a lot of school in the future.
John Heiderich and Gwendolyn Lee, have owned and operated rental properties in Seattle for more than forty years. They are unwilling to let the city intrude into their tenant’s home and are committed to helping their tenant protect her constitutional rights.
Mats Järlström is a Swedish-born electronics engineer and has the equivalent of a Bachelor of Science in electrical engineering. After his wife received a ticket based on a red-light camera in Beaverton, Oregon, Mats began criticizing the math behind red-light cameras. But Oregon’s engineer-licensing board considered Mats’ traffic-light critiques to be the unlicensed practice of engineering and fined him $500.
Jessica is one of the owners of White Cottage Red Door in Door County, Wisconsin. When the small business opened a food truck in its parking lot, the Town of Gibraltar’s board, chaired by a local restaurant owner, promptly banned all mobile businesses.
Susette is the Kelo in Kelo v. New London. She led her neighbors in a seven-year battle to save their homes from being taken by the government for private development, culminating in the landmark U.S. Supreme Court decision in 2005.
Flor Morency is the mother of twin children, a boy and a girl, who have received scholarships through Nevada’s program. But in July, Morency was told that her children could no longer receive a scholarship because a new state law made it statistically impossible to grant scholarships to all renewing students.
In September 2015, Tammy Holland took out two ads in her local Colorado newspaper to alert readers to upcoming school-board elections. For that simple act of civic engagement, Tammy was sued—twice—by incumbent school board members who didn’t appreciate the publicity. Tammy teamed up with IJ to challenge Colorado’s abuse-prone system of enforcing private campaign-finance complaints. In June 2018, a federal court sided with Tammy and declared Colorado’s system unconstitutional under the First Amendment.