Law prohibits food trucks from operating within 500 feet of restaurants; one of the most restrictive bans in the nation
Today, a Florida circuit court ruled that Fort Pierce cannot enforce its unconstitutional ban on food trucks operating within 500 feet of another establishment that sells food. Food truck owners Benny Diaz and Brian Peffer filed a lawsuit against the city for its food truck law with the Institute for Justice (IJ) for violating their…
A small North Jersey community joins together to stop borough officials from authorizing eminent domain for private development
Leonia, N.J.—Today, residents, small-business owners and supporters in Leonia, New Jersey, announced the formation of Leonia United Against Eminent Domain Abuse (“Leonia United”). The new group is dedicated to stopping the abuse of eminent domain—the government’s power to take private property—which would be authorized as part of the borough’s current “condemnation redevelopment study” of their…
Ruling Requires Cities and States—Not Just the Federal Government— To Abide by the Eighth Amendment’s Excessive Fines Clause
In an historic ruling, the U.S. Supreme Court this morning held that the Excessive Fines Clause of the Eighth Amendment protects Americans not just against the federal government, but against states and local authorities too. No matter which state you live in, every level of government must now abide by the federal Constitution’s guarantee that…
New Jersey Appellate Court Rejects State Agency’s Land Speculation And Effort to Condemn Atlantic City Piano Tuner’s Longtime Family Home
ARLINGTON, VA—Atlantic City property owner Charlie Birnbaum, whose longtime family home was targeted for eminent domain abuse, gets to stay put. So ruled the New Jersey Appellate Division in a 29-page published ruling it issued today. The Atlantic City fixture and longtime piano tuner won a landmark victory for property rights today when the court…
At a press conference Wednesday, South Carolina lawmakers announced a bill that would abolish civil forfeiture. Should the bill pass, South Carolina would join just three other states—Nebraska, New Mexico, and North Carolina—that have ended this abusive police practice. Under civil forfeiture laws, the government can permanently confiscate cash, cars, even homes, without ever filing…
Institute for Justice and Fines and Fees Justice Center Partner to Support Legal Challenge at Federal Appeals Court
The state of Tennessee revokes the driver’s license of any person who fails to pay fines, costs, and litigation taxes associated with a criminal conviction for a year or more. It does this even when the defendant is too poor to pay. The U.S. District Court for the Middle District of Tennessee struck down the…
Late last week, the Institute for Justice (IJ) filed an official comment with the Food and Drug Administration (FDA) opposing the agency’s suggestion that non-dairy milks should be banned from using the word “milk” on their labels. “If a consumer is confused about the source of a product labeled ‘almond milk,’ then he has bigger…
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.
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.
After obtaining her private certifications in canine massage therapy, Grace started volunteering with rescue agencies and adoption events to provide canine massage for ailing and neglected dogs. She later turned her volunteer hobby into a business, which she named Pawsitive Touch.
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.”
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.
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.
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.
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.
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.
Lisa Kivirist is a mother, farmer, business owner and avid baker. Lisa typically serves muffins and other baked goods at her B&B for breakfast, but the baked-good ban prohibits her from selling these same exact goods to guests.
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.
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.
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.
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.
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.
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.
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.
Jim and Cliff Courtney have a plan to bring economic prosperity to their small community. Unfortunately, the state of Washington has sunk their plan with a law that requires them to obtain a certificate of “public convenience and necessity” from the state in order to pick up and drop off passengers.
Aimee and Heath Hairr have five adopted children. Their oldest, Nolan, was floundering in his public school and endured intense bullying. The Hairrs just want Nolan to have a safe learning environment and for their other children to have the same.
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.
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.
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.
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.
Founded in 2011, ROSE is an Atlanta-based, nonprofit organization that works to increase access to breastfeeding support and improve healthcare equity among African-American communities in Georgia and around the country.
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.
Dale Sorcher has cared for infants and toddlers at a Jewish day care on and off since 1996 and holds two masters degrees, one in social work and one in expressive therapy. Unfortunately, under a new regulation in the District of Columbia, her experience does not qualify her to keep her job.
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.
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.
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.