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…
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.
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.
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.
Heather is a single mother of a 14-year-old son. After bringing in baked goods to her son’s school for fundraisers and to his football team, Heather started getting many requests to sell them. But then Heather learned that selling her goods from home was illegal. Heather wants very much to be able to resume selling her delicious goods so she can use the money to support her son.
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.
Norys Hernandez co-owns a home in North Philadelphia with her sister, who resides there. Norys has never been in trouble with the law. But her home was seized after her nephew was caught selling a small amount of drugs outside the home.
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.
Michael Peticolas owns Peticolas Brewing, located in an industrial neighborhood near downtown Dallas. In 2013, Texas passed a law that prohibits brewers from negotiating with distributors for the value of their territorial rights. Instead, the law forces brewers to give those rights away for free. That jeopardizes his plans to expand into other parts of Texas.
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.
Scott Fisher runs a video game store in Orange Park, Florida, just outside Jacksonville. To boost foot traffic and visibility for his business, he set up a giant inflatable Mario, only to run afoul of the town’s sign code. Scott has joined with the Institute for Justice to defend his First Amendment rights.
Khalid (“Ken”) Quran moved to America in 1997, and now runs a convenience store in Greenville, N.C. But the government seized his entire bank account—more than $150,000—even though he was never charged with a crime.
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.
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.
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.
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.
Mary Lou Wesselhoeft and her husband Paul Wesselhoeft own Ocheesee Creamery, a small creamery in the Florida Panhandle. Because of the all-natural dairy philosophy that Mary Lou follows, she added nothing to the creamery’s skim milk. But a state agency wants her to use a confusing and misleading label that labels the milk something it is not: “Non-Grade ‘A’ Milk Product, Natural Milk Vitamins Removed.”
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.
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.
For more than 30 years, Hinga Mbogo has been fixing the cars of Dallas residents at his shop on Ross Avenue. But the city is trying to shut him down by using an oppressive and little-known zoning process called “amortization.”
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.
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.
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.
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.
When John tried to expand his cab business to Bowling Green, he was stymied by a city law that limited the number of taxis allowed in the city to only 16. Less than two months after he filed a lawsuit, Bowling Green repealed the cap.
Dr. Mark Monteferrante wants to build a new, top-notch medical facility in Virginia. But under the commonwealth’s certificate of need (CON) program, he first has to persuade government officials that his facility would be “needed.”
Ushaben used to thread part-time at the Threading Studio & Spa near New Orleans, often filling in for licensed estheticians when they were unable to work. But after state regulators ordered the business to terminate its unlicensed threaders, Ushaben is no longer permitted to thread in the studio.