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…
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, 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…
Las Vegas, Nev.—Today, Clark County District Court Judge Rob Bare handed Nevada families a first-round win in their constitutional challenge to a 2019 law that eliminated the automatic annual increase in the amount of tax credits available for donors to the Nevada Educational Choice Scholarship Program. Attorneys for the state were seeking to dismiss the…
From satellites in space to circuits for flashlights, Greg Mills has spent his entire career working as an engineer designing and building electronics. But earlier this year, a group of industry insiders sitting on a government board abruptly put Greg’s career on ice. Now he’s fighting back. Greg’s resume reads like a veritable who’s-who of…
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.
Since 2014, Michelle has owned and operated her two food trucks in and around Wilmington, North Carolina: Momma Rock’s Dessert Truck specializes in event catering while T’Geaux Boys—a nod to Michelle’s Louisiana roots—operates as a more traditional food truck.
Senator Daniel Ivey-Soto, a Democrat representing Bernalillo County, carried the Forfeiture Reform bill on the floor of the Senate.
In May 2018, Jerome Davis and Veronica Walker-Davis took their family car to a repair shop. But a shop employee took their car on a joyride, police arrested them for driving on a revoked license, and impounded the car. When Veronica and Jerome went to get their car, they were told that it was gone. The city had already disposed of it; either selling it, scrapping it, or keeping it for police use.
Scott Dow has spent more than two decades working with computers, geospatial and remote sensing and 3D computer modeling, before he co-founded Vizaline in Mississippi.
Chris and Markela Sourovelis worked their whole lives to build a home for their family. Officials in Philadelphia then tried to use civil forfeiture to take it all away, even though Chris and Markela did nothing wrong.
August “Augie” Kersten is a co-owner of the Lonesome Dove saloon in Mandan, North Dakota. He started the Lonesome Dove 28 years ago with Brian Berube. The two commissioned a mural for the front of their saloon, which triggered a notice of violation from Mandan, which chided Augie and Brian for displaying art on their own property without first getting the city’s OK.
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.
Della Sims is a retired postal worker who has rented from Josefina Lozano in Zion, Illinois since 1998. She’s fighting back against the city’s warrantless rental inspections.
At 16, Ashley began braiding hair for money and now manages the Afro Touch salon in Louisiana. Although there is no shortage of capable braiders, they are all unlicensed, and the Board’s licensing requirements prevent Ashley from hiring unlicensed braiders.
Vocatura’s Bakery was founded in 1919, almost one hundred years ago, and has been owned and operated by three generations of the Vocatura family. Claiming the owners violated so-called “structuring” laws by depositing cash in the bakery’s bank account in amounts less than $10,000, the IRS seized more than $68,000 from the family.
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.
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.
Keena Bean is a tenant in an apartment home that is currently subject to Seattle’s rental-inspection program. She finds the idea of a stranger looking through her house inappropriate and disturbing.
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.
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.
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.
Josh grew up in Pleasant Ridge and he cannot realistically afford to own a home anywhere else.
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.
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.
Under Gramite City, Illinois’ ordinance, private landlords are required to evict tenants if any member of the tenant’s household commits a crime anywhere, even if, as in Jessica and Kenny’s case, the actual criminal no longer lives in the house.
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.
The First Amendment should apply to licensed professionals who give advice over the Internet.
Sally Ladd is a New Jersey-based entrepreneur who provides short-term vacation property management services in Pennsylvania’s Pocono Mountains. But after Pennsylvania wanted her 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.
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.
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.
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.
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.
Ricardo Quintanilla operates Tacos el Regio but San Antonio’s vending restrictions make it difficult to operate.
Elijah “Lij” Shaw is a single father and lifelong record producer and recorded nationally renowned, Grammy Award-winning performers like Adele, John Oates, Jack White and Wilco. After his daughter was born, Lij decided to convert his garage into a soundproofed recording studio, which he used without any complaints for over a decade. But now Nashville is threatening to destroy Lij’s investment and uproot him from his neighborhood.
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.
Russ Caswell and his family have owned and operated the Motel Caswell in Tewksbury, Mass., for two generations. The Caswells nearly had their property taken from them by local and federal law enforcement officials through a process known as civil forfeiture.
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.”
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.
In 2011, police raided Jameelah El-Shabazz’s apartment in New York City and found several cups filled with crushed eggshells, which Jameelah uses for religious purposes. Believing the cups were filled with drugs, police arrested Jameelah and her son Akin and held them in jail for a week. They also had her apartment closed . City attorneys, relying on those same discredited allegations about the cups of crushed eggshells, claimed the apartment had been the site of drug crimes, and had her apartment closed under the city’s no-fault eviction ordinance. Unable to fight back in court, Jameelah had to agree to permanently bar her son from her home in order to regain access to her own apartment.
Whitworth University Young Americans for Freedom Chapter (WU-YAF) has members who are eligible for the State Work-Study Program, but some of their desired employers are considered ineligible because they are “sectarian.”
IJ school choice parents Mark and Jeanette Anderson plan to send their son, Max, to a school with a math and science curriculum that better fits his interests and needs.
Bernardo has plans to grow his food truck business, but San Antonio’s 300-foot rule is making it very difficult for him to realize his goals.
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.