Statute designed to hold government officials accountable now being weaponized by Solicitor General to prevent victims from having their day in court
Arlington, Va.—Brownback v. King, a case in which the government is seeking to create a huge new loophole through which government workers can escape accountability when they violate someone’s constitutional rights, will be argued before the U.S. Supreme Court on Monday, November 9, 2020. In anticipation of that argument, scholars, public interest advocates and members…
Wednesday afternoon, Judge Richard P. Haaz for the Court of Common Pleas of Montgomery County, Pennsylvania, denied the borough of Pottstown’s motion for a protective order in a lawsuit over its rental inspection law that forces landlords and tenants to open their properties and homes to intrusive inspections. Pottstown renters, a landlord, and residents of a non-rental home the borough attempted…
Adam Shelton | Center for Judicial Engagement | October 15, 2020
The Institute for Justice fights every day to ensure that all Americans enjoy the freedoms the Constitution guarantees. As part of this work, the Institute has long advocated for judicial engagement; that is, the idea that judges should analyze and evaluate the facts in every constitutional case that comes before them and not prejudge a…
Arlington, Va.—The Institute for Justice, a non-profit public interest law firm that advocates for educational choice and economic liberty, filed an amicus brief with the Wisconsin Supreme Court in support of parents challenging a Dane County, Wisconsin, order closing private (and public) schools for grades 3-12. While Dane County allows childcare and educational camps at…
Order restores rights to thousands of New Yorkers threatened with evictions
Arlington, Va.—On Monday, October 5, 2020, Judge Andrew L. Carter, Jr. of the U.S. District Court for the Southern District of New York approved a settlement order providing systemic relief to thousands of New Yorkers whom the city had targeted for no-fault evictions in years past. For decades, the city used its no-fault eviction program to coerce residents and businesses to enter…
When the Catherine H. Barber Memorial Shelter applied for a zoning permit to open at a new facility in North Wilkesboro, its board of directors was confident that the town would grant the permit. After all, the building is in an ideal location, near businesses and public transit but far from residential areas, and it…
Seventh annual South Side Pitch goes online and highlights how existing businesses are confronting the challenges of 2020
CHICAGO—Six South Side businesses will compete November 5 in the finals of the seventh annual South Side Pitch. The pitch showcase is transforming for this year, highlighting existing businesses that are taking on the challenges of 2020 in new and unique ways. The contest is going online this year to keep contestants, judges and the…
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.
After eight years of working as a driver for Yellow Cab, Ken Leininger decided to start his own business. But when Ken tried to get permits for his new business early last year, Little Rock denied his applications.
Jill Homan lives in Petworth with her family and sends her one-year-old daughter to a day care center in Northeast D.C. Jill wants to stand up for day care providers’ right to earn a living and for her own right to choose her child’s caretakers.
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.
Allie Nelson, a retired law enforcement officer, was born and raised in Chicago and has lived in the city most of her life. In February 2018, an administrative law officer determined that Nelson was liable for nearly $6,000 in fines and fees, even though Nelson was not in the city when the car was impounded, and all charges were dropped against the driver.
The Archdiocese of Newark is one of the largest in terms of population in the U.S., with nearly 1.3 million Catholics and 219 parishes. The Archdiocese is fighting a New Jersey law that makes it a crime to sell monuments, such as headstones, to their parishioners.
Dr. Kristin Held is an ophthalmologist and board-certified surgeon with over three decades of experience who works as a solo practitioner at Stone Oak Ophthalmology Center in San Antonio, Texas. She wants to dispense routine medications to her own patients, but can’t, under a protectionist Texas law.
Hilda Brucker was sitting at home one day working her job as a freelance writer. The phone rang, she answered, and was told by a hostile voice that if she didn’t come down to the courthouse at once she would be given a failure to appear violation. She hastily complied. When she got there, she found out that the city had issued a citation, although it had never told her about it. She later learned the citation stated she was charged with (1) “Rotted wood on house and chipping paint on fascia boards”; (2) “High weeds in backyard and ivy on tree and vines on house”; and (3) “Driveway in a state of disrepair.” Not knowing what to do, Hilda pled guilty to the driveway charge, while the other two were dismissed. She paid a fine of $100 and was sentenced to six months probation, where she had to report to a probation officer, avoid alcoholic intoxication, and cooperate “with code enforcement upon request.” She later hired an attorney who filed a motion to vacate her sentence, but the motion was continued several times, eventually being granted only after her six-month probation would have already ended. She also obtained a home equity line of credit in case she needed to pay for any of the fixes that the city nebulously demanded.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.”
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.
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.
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.
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.
Linda Cameron has been living in the same Richland, Washington home for nearly 40 years. After consulting with a builder, Linda decided to turn her outdated carport into a garage and add a second bedroom and bathroom. But Richland won’t give her a building permit unless she pays over $60,000 in “impact fees.”
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.