Institute for Justice, which represented would-be tour guides, comments on continuing legal battle
Charleston, S.C.—Yesterday, attorneys for the City of Charleston appealed an August 2018 federal court ruling that struck down the city’s tour guide license. The licensing law was challenged by three would-be tour guides—Kimberly Billups, Michael Warfield and Michael Nolan—who joined with the Institute for Justice (IJ) in January of 2016 to file a lawsuit alleging…
Among the Themes: States may not discriminate against newcomers. The U.S. Constitution has many provisions designed to prevent anticompetitive efforts like Tennessee’s. Bottleneckers—like the Retailers Association—are self-serving institutions that use the government’s power to keep their prices high, thereby hurting consumers and would-be entrepreneurs alike. Arlington, Va.—On Wednesday, January 16, 2019, the U.S. Supreme Court…
Institute for Justice represents Cato Institute in First Amendment lawsuit to end SEC’s imposition of unconstitutional settlement gag orders
This press release and the lawsuit it announces are subject to a gag order imposed by the Securities and Exchange Commission (SEC) prohibiting us from telling you the story of ████████, an American entrepreneur who, as he tells it, was the victim of an overzealous government investigation. Although the SEC agreed to settle his case…
State Court Holds That Government Must Demonstrate Property Is “Necessary” Before Condemning Private Property
Arlington, Va.—In a decision with nationwide implications, the New Jersey Appellate Division yesterday (January 7, 2019) rejected the Borough of Glassboro’s attempt to condemn private property in service of an unspecified and undescribed “redevelopment plan,” holding that government officials cannot use their power to take property simply to engage in what the court called “land…
Ohio Gov. John Kasich signed a sweeping overhaul of Ohio’s occupational licensing laws on Friday, which govern nearly one-fifth of the state’s workforce. By limiting the ability of otherwise qualified people to work in a given field, licensing laws limit competition and drive up prices for consumers. One study published by the Institute for Justice…
Years-long lawsuit challenged the constitutionality of Florida Tax Credit and McKay Scholarships
Tallahassee, Fla.—In a decision issued today, the Florida Supreme Court ended a years-long lawsuit that included a challenge to the constitutionality of the Florida Tax Credit (FTC) Scholarship and the McKay Scholarship Program for Students with Disabilities. The Institute for Justice (IJ) defended the programs on behalf of parents of scholarships students. “Today, after years…
Today, Florida food truck owners are one step closer to vindicating their right to economic liberty after a judge denied the city of Fort Pierce’s motion to dismiss a challenge to its law requiring that food trucks be over 500 feet from any restaurant to legally operate. This ruling by Judge Lawrence Mirman of the…
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.
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.
Under Red Wing, Minn.’s rental inspection ordinance, it is easier for the government to force its way into the homes of law-abiding citizens than it is to search the home of a suspected criminal. Robert and Rebecca joined a lawsuit to stop these unreasonable and intrusive inspections of their private residential properties.
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.”
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.
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.
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.
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.
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.
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.
Bob Smith has been professionally shoeing horses since 1974 and founded Pacific Coast Horseshoeing School (PCHS) in Plymouth, California to pass his skills on to another generation of farriers. But California threatened to shut him down, because Bob was admitting students to his horseshoeing school who hadn’t first graduated from high school or passed an equivalent government-approved exam.
After being in prison for two years, when Amanda got out, she became passionate about cosmetology and even got a job offer at a salon before she finished school. But the state board denied her a cosmetology license, claiming she lacked “good moral character.”
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.
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.
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.
Brothers Jeffrey, Richard and Mitch Hirsch owned Bi-County Distributors Inc., a small distribution business in Long Island, N.Y. The IRS used a legal process called civil forfeiture to seize their entire bank account—more than $446,000—even though they had done nothing wrong. After the brothers filed a lawsuit, the IRS returned their hard-earned cash.
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.
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.
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.
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.
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.
Troy and Angela Nelson operate a small family farm in Palermo, Maine. They have two children, Alicia, who attends a nonreligious school, and Royce, who attends Temple Academy, a private, Christian school. Palermo won’t pay for Royce’s tuition, simply because he attends a religious school, even though its pays tuition for Alicia.
Achan works in fear that Iowa will punish her for providing her services without a license. If she could braid without a license, she would reopen her salon, grow her business and better provide for her family.
Mary is a certified lactation consultation with nearly three decades of experience, including teaching at Emory and Morehouse. But thanks to a new license in Georgia, Mary can no longer work in her current position helping women and children with hands-on breastfeeding advice.
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.
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.
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.
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.
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.
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.