After four years of litigation, city agrees to end “policing for profit,” ensure due process and establish $3 million compensation fund for victims of city’s forfeiture practices
PHILADELPHIA—The Institute for Justice (IJ) today announced a major settlement with the city of Philadelphia, ending the city’s draconian civil forfeiture machine. In documents filed with the U.S. District Court for the Eastern District of Pennsylvania today, city officials agreed to a set of reforms that will end the perverse financial incentives under which law…
18 Amicus Briefs Support Institute for Justice’s Client, 1 Brief, which Examines the History of the Eighth Amendment, Remains Neutral Indiana Supreme Court Ruled Governments within the State May Impose Excessive Fines Until the U.S. Supreme Court Says They Can’t Arlington, Va.—In late November or early December, the U.S. Supreme Court will hear Timbs v.…
Today, the Charlestown City Council started the process of rescinding the Indiana state Unsafe Building Law. The vote comes just two days after an Indiana Appeals Court ruled that the city had violated the state Unsafe Building Law when it levied outrageous fines against homeowners in the Pleasant Ridge neighborhood. In response to today’s vote,…
Hearing to Decide Whether City Council Will Allow Tents on Private Property
Akron, Ohio—Tonight at 7:00 p.m., the Akron City Council will hold a hearing on the application of Sage Lewis and The Homeless Charity for a permit to continue sheltering the homeless on private commercial property at 15 Broad Street. This permit application raises not just questions about zoning policy, but the constitutional rights of property…
Appellate Court rules state protections that the city had blatantly ignored do, in fact, apply to Charlestown property owners
Charlestown, Ind.—Today, the Indiana Court of Appeals ruled that the City of Charlestown must follow the state of Indiana’s Unsafe Building Law, a state statute that gives property owners procedural protections from overzealous city code enforcement. The decision on the neighborhood’s preliminary injunction now goes back to Judge Jason Mount to rule on how the Unsafe…
Indiana Supreme Court Ruled It May Impose Excessive Fines Until the U.S. Supreme Court Says It Can’t
Arlington, Va.—The case of Tyson Timbs v. State of Indiana, which will be argued this fall before the U.S. Supreme Court, tells an all-too-familiar tale of opioid addiction and recovery in America. But this story has an important constitutional twist that may help protect millions of Americans from the abuse of government-imposed fines and fees,…
Carolina Beach, N.C.—Last night, after an extended meeting behind closed doors, the Carolina Beach town council repealed a law that makes it illegal to operate a food truck in the town unless the owner also owns a brick-and-mortar restaurant in town. The unanimous vote came a week after the Institute for Justice (IJ) partnered with…
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.
Mildred Bryant is 84 years old and living out her golden years in the home she’s owned for 46 years in Pagedale, Missouri. But she faces a real threat of tickets, fines, and imprisonment from the town.
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.
Bob Smith has been professionally shoeing horses since 1974 and founded Pacific Coast Horseshoeing School (PCHS) in Plymouth, California to pass his skills on to another generation of farriers. But California threatened to shut him down, because Bob was admitting students to his horseshoeing school who hadn’t first graduated from high school or passed an equivalent government-approved exam.
The Cristofaros were plaintiffs in the infamous Kelo v. New London lawsuit, when the city tried to take their house again. Since the ruling, Mike has become a national spokesperson for property owners fighting eminent domain abuse.
Brothers Jeffrey, Richard and Mitch Hirsch owned Bi-County Distributors Inc., a small distribution business in Long Island, N.Y. The IRS used a legal process called civil forfeiture to seize their entire bank account—more than $446,000—even though they had done nothing wrong. After the brothers filed a lawsuit, the IRS returned their hard-earned cash.
Terry Dehko and his family have owned and operated the Schott’s Market in Fraser, Mich., for 35 years. The Dehkos had $35,000 taken from them by federal law enforcement officials through a process known as civil forfeiture.
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.
The Washington Department of Licensing ordered IJ client Salamata Sylla to obtain a time-consuming and irrelevant cosmetology license for hair braiding. IJ sued on her behalf and forced the Department to adopt a rule exempting braiders.
Charles Clarke is a college student, who spent over 5 years to save up $11,000—only to have it seized by law enforcement officials before he was scheduled to board a flight at the Cincinnati/Northern Kentucky airport.
David Diaz, a custodian at a synagogue in the Bronx, lives with members of his family in an apartment near the Bronx Zoo. The NYPD raided the apartment in 2013, entering with guns drawn, and arrested all the adults present, but did not charge anyone.
Valarie has received a set of warnings from Pagedale, threatening her with fines and fees for alleged violations. She was even arrested in front of her home and taken to Pagedale city hall because of an unspecified ticket.
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.
The Archdiocese of Newark is one of the largest in terms of population in the U.S., with nearly 1.3 million Catholics and 219 parishes. The Archdiocese is fighting a New Jersey law that makes it a crime to sell monuments, such as headstones, to their parishioners.
Teresa Quinones, of Lawrenceville, Ga., is a mother of three young children. Her two oldest children, Audri and Christopher, attend Notre Dame Academy, thanks to Georgia’s Scholarship Tax-Credit Program.
Jeff has spent almost 30 years building a successful small business with his brothers, distributing candy, snacks and other goods to convenience stores throughout Long Island. But the government raided the business’s bank account using civil forfeiture—taking $446,000 and nearly destroying the family business. T
Florence and Derrick would like their children to attend a Catholic high school in Aurora, Colo. But paying tuition for both children to attend Regis would be a substantial financial burden, so scholarships by Douglas County’s school choice program would help defray costs.
Kriss Marion is the founder of her local farmers’ market in Blanchardville, Wisconsin. But under the state’s ban on selling home-baked goods, Kriss must instead give her extra baked goods away or feed them to her pigs and chickens.
Achan works in fear that Iowa will punish her for providing her services without a license. If she could braid without a license, she would reopen her salon, grow her business and better provide for her family.
The owner and operator of the Pizza di Joey food truck, Joey is challenging Baltimore’s 300-foot rule because it threatens his lifelong dream of owning his own pizza business. He also believes that the city shouldn’t be limiting hungry Baltimoreans’ dining choices.
Rett owns Revolver Brewing, south of Fort Worth. He is fighting a Texas law that forces brewers to give up their distribution rights to distributors for free. Even worse, distributors can then sell those rights to other distributors and pocket the money.
Gerardo Serrano owns a Ford F-250 pickup that was seized by Customs and Border Protection for civil forfeiture in September 2015. CBP seized the truck because they found five bullets in the center console, claiming they were “munitions of war.” After almost two years without a judge hearing his case, Gerardo joined with the Institute for Justice in September 2017 to file a lawsuit to get his truck back. Gerardo also filed suit on behalf of all U.S. citizens who have had vehicles seized by CBP, seeking an order requiring the agency to provide a prompt hearing whenever they take vehicles for civil forfeiture.