Florida Department of Business and Professional Regulation proposes reduced requirements for barber licenses
Tallahassee, Fla.—The hours of training necessary to earn a living as a barber would be decreased under a proposed regulation issued today by the Florida Department of Business and Professional Regulation. The proposal eliminates 700 hours of unnecessary training to obtain a restricted barber license (the license used by many barbers) by reducing the pre-test…
Louisiana has nation’s most onerous speciality braiding license
New Orleans, La.—Why does the Louisiana State Board of Cosmetology require 500 hours of training to do something as safe as hair braiding? That is the question three Louisiana hair braiders raised in a new lawsuit Thursday with the Institute for Justice (IJ), a national public interest law firm that fights for economic liberty. Lynn…
Yesterday, the U.S. Senate unanimously approved legislation that stops the Internal Revenue Service from raiding the bank accounts of small-business owners. The Clyde-Hirsch-Sowers RESPECT Act, passed as part of the Taxpayer First Act (H.R. 3151), is named after Institute for Justice clients Jeff Hirsch and Randy Sowers, two victims of the IRS’s aggressive seizures for so-called “structuring.” Through structuring…
Gov. Kay Ivey signed the Alabama Forfeiture Information Reporting Act (SB 191) late Monday, which will shine a light on law enforcement’s often secretive use of civil forfeiture. Without ever charging the owner with a crime, police and prosecutors can seize cash, cars, and other valuables, and if the property is forfeited, keep up to…
First Amendment Lawsuit Has Major Implications for Free Speech and Telepractice
AUSTIN, Texas—Today, Texas veterinarian Dr. Ron Hines announced that he will ask the 5th U.S. Circuit Court of Appeals to recognize that a landmark U.S. Supreme Court decision last summer, NIFLA v. Becerra, established that the First Amendment protects the right of licensed professionals to give advice over the internet. Ron joined forces with the…
Extensive, Decade-Long Study Also Provides Fresh Evidence of “Policing for Profit” in Federal Equitable Sharing Program
Arlington, Va.—A new Institute for Justice study (PDF) finds the nation’s largest forfeiture program does not help police fight crime. Instead, the study indicates police use forfeiture to boost revenue—in other words, to police for profit. The IJ study, “Fighting Crime or Raising Revenue? Testing Opposing Views of Forfeiture,” combines local crime, drug use and economic…
Minnesota will no longer license natural hair braiders thanks to an omnibus budget bill Gov. Tim Walz signed on Thursday. Previously, Minnesota required braiders to complete a 30-hour course and pay a $20 fee before they could practice their craft. But under SF 10, braiders are now completely exempt from all occupational and facility licensing…
IJ client Cynthia Perry wants to send her daughter, Faith, to a private school in North Carolina, but she cannot afford the tuition on her own. She needs the financial lifeline of an Opportunity Scholarship.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Kevin 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.
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.
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.
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.
Lata has been threading since she was a teenager in India and saw a need for threading services in the New Orleans metropolitan area. But in June 2016, state regulators fined her business for employing unlicensed threaders, and ordered Lata to fire her unlicensed employees.
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.
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.