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…
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.
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.
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.
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.
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.
The bluffs overlooking the Susquehanna River in Pennsylvania’s Lancaster County, have for centuries been “a region noted for the grandeur and beauty of its landscape scenery.” Those same qualities attracted Gary and Michelle Erb in 2008. The Erbs purchased a 72-acre tract of land, about a mile east of the Susquehanna, and built their dream home.
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.
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.
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.”
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.
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.
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.
Teresa Quinones, of Lawrenceville, Ga., is a mother of three young children. Her two oldest children, Audri and Christopher, attend Notre Dame Academy, thanks to Georgia’s Scholarship Tax-Credit Program.
Sung Cho owns and operates Super Laundromat and Drycleaners, one of the largest laundromats in Manhattan. Sung could be evicted, and his business closed, simply because his business was the site of a crime. The identity of the criminals was beside the point.
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.
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.
Brian Peffer owns and operates “Creative Chef on Wheels.” Brian simply wants to provide his customers with the best food and service he can, but Fort Pierce, Florida’s 500-foot ban stops him from competing.
Alan and Judy Gillis live in Orrington, Maine and send their youngest daughter, Isabella, currently a junior to Bangor Christian Schools. But because Alan and Judy have chosen a religious school for their daughter, Maine prohibits the town from paying Isabella’s tuition to Bangor Christian Schools.
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.
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.
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.
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.
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.
Sally Ladd is a New Jersey-based entrepreneur who provides short-term vacation property management services in Pennsylvania’s Pocono Mountains. But after Pennsylvania wanted her to obtain a real-estate broker’s license, which requires her to spend three years working for an established broker, Sally felt forced to shut down her business.
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.
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.”
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.