Miladis Salgado luchó con éxito para recuperar el dinero de la quinceañera de su hija, pero ahora el gobierno se niega a pagar los honorarios de su abogado
MIAMI—El 11 de mayo de 2015, Miladis Salgado regresó a su casa y descubrió que su vida tuvo un giro inesperado. Mientras ella estaba trabajando, la policía ingresó a su casa y confiscó sus ahorros de toda la vida—$15.000 en efectivo que ella estaba ahorrando para la quinceañera de su hija—a partir de información de…
Late yesterday, Governor Phil Murphy signed a bill (A4970) that will require a criminal conviction before civil forfeiture. Unlike criminal forfeiture, civil forfeiture typically allows the government to take and keep property without charging anyone with a crime. Thanks to the governor’s signature, New Jersey is now the 16th state with a conviction prerequisite to…
After police had a ten-hour standoff with an empty house—eventually destroying everything inside—a court ruled there wasn’t anything they could do about it. Now the Institute for Justice is launching a new project to ask the courts to reexamine doctrines giving government officials broad immunity from accountability
If you tell police they can go into your home, does that mean they can also legally stand outside and pepper it with shotgun-fired tear gas grenades—destroying everything inside? That is the question asked by a petition to the Supreme Court of the United States filed today by the Institute for Justice (IJ) on behalf…
DEA seized more than $82,000 from retiree’s daughter as she traveled through the Pittsburgh airport
PITTSBURGH—Terry Rolin’s life savings of $82,373 were seized by the federal government even though he has not been charged with any crime. In fact, his daughter was doing something completely legal—flying domestically with cash—when the Drug Enforcement Administration (DEA) seized the money in August 2019 at the Pittsburgh International Airport. Today, Terry and his daughter…
Pottstown Renters Score Major Win In Challenge To Unconstitutional Rental Inspections
Pottstown, Penn.—This morning, the Commonwealth Court of Pennsylvania issued an opinion vacating and remanding a lower court’s ruling in favor of Pottstown in a lawsuit challenging the borough’s rental inspection ordinance. This law allows the borough to enter residents’ homes without cause and without the residents’ consent. The Court also reversed the trial court’s orders…
The New Jersey Assembly unanimously passed a bill late Monday that would shine a light on “civil forfeiture,” which lets law enforcement seize property without ever charging the owner with a crime. In New Jersey, once property is forfeited, the government can then keep up to 100% of the proceeds, creating a perverse incentive to…
PHILADELPHIA—Today, a three-judge panel of the Commonwealth Court of Pennsylvania denied the Cosmetology Board’s motion to dismiss a lawsuit filed by two Philadelphia-area women who want to end an unconstitutional requirement that stands in the way of their careers. The Board used Courtney Haveman’s and Amanda Spillane’s past legal problems to deny them the right…
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.
Summit Christian Academy is a private, nonprofit K-12 school located in Spokane, Washington. The school applied to participate in the state’s Work-Study Program, but was denied, simply because of its religious affiliation.
Michele Simon is the executive director of the Plant Based Foods Association, a trade group representing the nation’s leading plant-based foods companies. At the behest of the meat lobby, Mississippi banned food companies making plant-based meat alternatives from using any meat product terms on their labels, a law that harms the Association’s members.
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.
Robert Martin operates the Red’s Comfort Foods food truck and offers specialty gourmet hot dogs and sausages in Louisville, Kentucky. The city’s 150-foot ban makes it difficult for Robert to operate his Red’s Comfort Foods food truck in Louisville because the law creates no-vending zones that extend 150 feet around every restaurant, café and eating establishment in the city. In fact, Robert was even cited in 2015 for vending downtown within 150 feet of a restaurant.
Sung Cho owns and operates Super Laundromat and Drycleaners, one of the largest laundromats in Manhattan. Sung could be evicted, and his business closed, simply because his business was the site of a crime. The identity of the criminals was beside the point.
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.
David and Ellen Keith have lived in Pleasant Ridge since the 1970s, and a daughter, a granddaughter and even two great-grandchildren live next door. But if forced out, they will be left nearly destitute in their retirement.
Michael Jensen would like Dr. Birchansky to perform his next needed eye surgery at the outpatient center next to Dr. Birchansky’s office because it is a safe, less costly, convenient, and familiar environment. Unfortunately Iowa’s CON law is denying him that choice.
IJ client Celeste Kelly spent hundreds of hours learning about horses in order to obtain private certifications in animal massage. But now the state of Arizona is forcing her to become a licensed veterinarian to continue practicing her craft.
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.
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.
Josefina Lozano immigrated to the U.S. from Mexico as a child and has run her own real estate investing business since 1984. She purchased two multi-family properties in Zion, Illinois and has been renting them out for decades. Josefina is unwilling to make her tenants give up their constitutional rights, even though the city government is threatening massive fines.
Lisa 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.
Martha is a stay-at-home mom with two sons, a 5-year old and a 2-year old. She has baked her whole life and is professionally trained. Martha is Brazilian and lived in Brazil for 25 years, and she would like to start a home business focusing on Brazilian-inspired cookies.
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.
Dr. Kristin Held is an ophthalmologist and board-certified surgeon with over three decades of experience who works as a solo practitioner at Stone Oak Ophthalmology Center in San Antonio, Texas. She wants to dispense routine medications to her own patients, but can’t, under a protectionist Texas law.
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.
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.
Doug and Mary Ketchum moved to Tennessee to purchase an historic liquor store that would let them take care of their 32-year-old daughter, Stacie, who suffers from cerebral palsy. But they can’t get a liquor license, thanks to the state’s strict residency requirements.
In March 2017, Phil Parhamovich, a musician from Madison, Wisconsin, was pulled over by the Wyoming Highway Patrol and pressured into signing a pre-printed waiver that stated he was “giving” his $91,800 in cash to the Wyoming Division of Criminal Investigation.
Fortunately, after the Institute for Justice took his case, law enforcement returned all of the cash they had wrongfully taken from Phil.
Alan and Judy Gillis live in Orrington, Maine and send their youngest daughter, Isabella, currently a junior to Bangor Christian Schools. But because Alan and Judy have chosen a religious school for their daughter, Maine prohibits the town from paying Isabella’s tuition to Bangor Christian Schools.
John Hart is a New York Times bestselling author who has won several awards for his character-driven, literary thrillers. A former defense attorney and stockbroker, John lives on a farm in Virginia where he writes full-time. But Charlottesville and Albemarle County require a business license to write novels, and they have assessed thousands of dollars in back taxes against Corban and other hardworking freelance writers.
Bill Von Winkle’s Fort Trumbull Deli served oversized hoagies to eager customers from 1986 until 2001 when the New London Development Corporation’s actions forced the Von Winkles to shut it down and forgo its income.
After working in the food service industry for several years, Troy King purchased his first food truck in 2014—a gourmet chicken food truck called Pollo. But in September 2016, Troy was operating Pollo in downtown Louisville when a city inspector threatened to issue a citation and tow his truck simply because Troy was serving customers within 150 feet a restaurant that also serves chicken. Troy was forced to abandon his vending location and his customers.
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.
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.
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.
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.
IJ client Jane Astramecki, a graduate of Le Cordon Bleu, runs a home baking business. But Minnesota’s restrictive cottage food law bans her from earning more than $5,000 a year and from selling her treats at venues other than farmers’ markets and community events.