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…
IJ client Elmer Kilian has been preparing taxes for the past 30 years on his dining room table. He fought and successfully defended his right to earn an honest living without getting permission from the IRS.
Liz has seven children, three of whom have a severe tissue disorder called EDS which requires constant medical attention. Liz needs Nevada’s ESA so she can design a quality education for her youngest EDS child, Dallin, who will likely miss a lot of school in the future.
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.
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.
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.
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.
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.
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.
Ash Patel moved to Texas from India to pursue his American Dream of opening up an eyebrow threading salon. But in 2009, Texas demanded that eyebrow threaders obtain an expensive cosmetology license—even though beauty schools teach absolutely nothing about eyebrow threading. Ash shut down his successful business to avoid paying $2,000 in fines. He teamed up with the Institute for Justice to vindicate his rights. Six years later, IJ scored one of its most important economic liberty victories when the Texas Supreme Court ruled that the state had violated the Texas Constitution by ordering threaders to obtain 750 hours of conventional cosmetology training. Threaders all over Texas are now free to work without having to obtain a government-issued license.
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.
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.
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.
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.
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.
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.
Next Chapter Winery is a family-run winery in New Prague, Minnesota built by Timothy and Therese Tulloch. To grow Next Chapter’s business, they would like to offer more varieties of wine, which would require using more grapes from other regions.
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.
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
Panna Shah came to the United States from India in 2006 in search of a better life. She has been threading for more than 30 years but would be unable to thread full-time because she can’t afford to complete Louisiana’s irrelevant training requirements.
Pat Raynor, a lifelong hairstylist, became interested in working from home after her husband Harold passed away in 2009. But under Nashville’s ban on home-based businesses, Pat was forced to shut down her home hair salon.
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.