The lawsuit saved Lonesome Dove’s mural, led Mandan to enact a speech-friendly mural law, and showed that one business can stand up to City Hall.
Mandan, N.D.—Today, the lawsuit brought by Lonesome Dove saloon owners Brian Berube and August “Augie” Kersten has formally come to an end. Along with the Institute for Justice (IJ), Brian and Augie sued Mandan for trying to ban their mural because it was “intended to advertise an establishment.” Not only did their lawsuit save Lonesome…
Federal Lawsuit Will Proceed on Behalf of Victims of Unconstitutional Vehicles Seizures
Today, after illegally seizing and holding Robert Reeves’s 1991 Chevrolet Camaro for the last seven months, Detroit police agreed to return it along with $2,280 in cash they seized from him in July 2019. He picked up the car this morning. The police’s sudden change of heart comes on the heels of a federal class…
Institute for Justice applauds proposals that could create thousands of jobs in the Sunshine State
Tallahassee, Fla.—House and Senate committees today approved their versions of the Occupational Freedom and Opportunity Act, bills that would overhaul occupational licensing laws in the state of Florida. The bills, HB 1193 and SB 474, are a top priority of Gov. Ron DeSantis, who has supported licensing reform through administrative action and public statements. All…
IJ Asks U.S. Supreme Court to Hold State/Federal Task Forces Accountable For Constitutional Violations
Arlington, Virginia—In 2014, James King was a law-abiding college student who was brutally beaten and choked unconscious by members of a joint state/federal police task force after they misidentified him as a suspect sought in connection with a non-violent petty crime. Ever since that day, the government has used every tool at its disposal to…
Arlington, Va.—In a major win for free speech, the 5th U.S. Circuit Court of Appeals ruled today that occupational licensing is not a First Amendment-free zone. The court ruled that a Mississippi technology startup, Vizaline LLC, can go forward with its free speech challenge to a licensing law that a Mississippi regulatory board is attempting…
Amicus brief asks that government officials be held accountable for violating constitutional rights
Arlington, Va.—Next month, the U.S. Supreme Court will consider whether officials from the FBI and other government agencies can be held accountable for violating Americans’ constitutional rights. If the Supreme Court decides they cannot be, it will send a clear message to the FBI and other government agencies that they can trample on constitutional rights…
Today, a federal judge in the District of Columbia dismissed a lawsuit challenging the U.S. Securities and Exchange Commission’s (SEC) policy of silencing anyone who settles an enforcement actions with the agency. The lawsuit was brought by the Institute for Justice (IJ) on behalf of the Cato Institute, a Washington, D.C. think tank that contends…
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.
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.
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.
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.
For more than 30 years, Hinga Mbogo has been fixing the cars of Dallas residents at his shop on Ross Avenue. But the city is trying to shut him down by using an oppressive and little-known zoning process called “amortization.”
Jessica 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.
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.
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
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.
Since 2014, Michelle has owned and operated her two food trucks in and around Wilmington, North Carolina: Momma Rock’s Dessert Truck specializes in event catering while T’Geaux Boys—a nod to Michelle’s Louisiana roots—operates as a more traditional food truck.
From satellites in space to circuits for flashlights, Greg Mills has spent his entire career working as an engineer designing and building electronics. But early in 2019, a group of industry insiders sitting on a government board abruptly put Greg’s career on ice.
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.
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.
Ron Mugar is an avid machinist who loves to build things: solar arrays, a hybrid-cell go-kart, and classic cars. After retiring from a career in graphic design, he became a hobby machinist. He first began building things as a kid, but he now pushes himself with bigger and bolder projects.
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.
Bonnie Ybarra was able to obtain program scholarships for two of her three elementary school-aged girls to attend private school, with her youngest daughter set to join them this year. But absent an infusion of scholarship funds into Nevada’s program, Ybarra’s girls face a return to the public-school system that previously failed to meet their educational needs.
Kendra desperately wanted to send her children to Stillwater, but knew she could not afford the tuition on her salary. So she started working to raise tuition funds. She held two yard sales and auctioned off handmade quilts made by a generous donor. She also found additional work cleaning houses. Adding to the extra funds, Stillwater provided the family with partial financial aid, and the girls began school there in September 2015.
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.
Chris 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.
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.
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.
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.
Dave and Amy Carson are residents of Glenburn, Maine and have sent their daughter, Olivia, now a sophomore, to Bangor Christian Schools. But because Olivia’s school is religious, Glenburn is prohibited from paying for Olivia’s tuition.
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.
Jason and Jacki have owned their property in Golden Valley, a suburb of Minneapolis, for decades. But the city hasn’t respected their tenants’ wishes and instead has tried to obtain unconstitutional “administrative” warrants to force its way inside.
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.
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.
Dr. Mark Monteferrante wants to build a new, top-notch medical facility in Virginia. But under the commonwealth’s certificate of need (CON) program, he first has to persuade government officials that his facility would be “needed.”