Wilmington, N.C.—Wilmington’s vacation rental owners will have to wait a little longer to celebrate their right to rent their home. Following a decisive win on Tuesday, yesterday the city announced it would appeal the decision and asked the court to suspend enforcement of the order until the appeals process is complete. The city argued that…
Now the 5th Circuit will decide whether police officers can enforce a clearly unconstitutional law and get away with it
Arlington, Va.—Police officers swear to uphold the U.S. Constitution, but can they be held accountable when they blatantly violate that oath? The 5th U.S. Circuit Court of Appeals will soon consider whether a citizen-journalist in Texas can seek justice after a retaliatory arrest and prosecution. The Institute for Justice (IJ), as part of its recently…
Case argues that police cannot seize cars indefinitely without giving owners an opportunity to plead their case in front of a judge
Today, a federal appeals court ruled that law enforcement agencies can seize and keep Americans’ cars indefinitely without giving the owners an opportunity to plead their case in front of a judge. The decision from the Fifth Circuit Court of Appeals is a blow to the constitutional rights of car-owners in Texas, Mississippi and Louisiana,…
Wilmington, N.C.—Today, North Carolina Superior Court Judge Richard K. Harrell ruled that Wilmington’s vacation rental law violates a North Carolina statewide law prohibiting municipalities from requiring rental permits. The decision is a win for Peg and David Schroeder, who filed the lawsuit challenging Wilmington’s ordinance imposing a 2% overall cap on vacation-rental properties and requiring…
Vegan food company Upton’s Naturals and the Plant Based Foods Association fight against compelled disclaimer as a violation of the First Amendment
OKLAHOMA CITY—All of the food Upton’s Naturals sells is proudly labeled as “100% vegan.” Even though it is already obvious that Upton’s Natural’s foods do not contain meat, a new law in Oklahoma demands that the company include a disclaimer on its label as large and prominent as the product’s name stating that the food…
U.S. Supreme Court ruling from 150 years ago held that Americans have the right to use the navigable waters of the U.S. So why, after 23 years, are the Courtney brothers still not able to use the waters of Washington’s Lake Chelan?
Arlington, Virginia—Jim and Cliff Courtney have spent 23 years trying to travel 55 miles by boat—and they have yet to reach their destination. With the petition they filed yesterday asking the U.S. Supreme Court to review their case, the brothers hope their next stop will be before the nation’s High Court. Since 1997, the brothers from…
Amicus brief asks that government officials be held accountable for violating constitutional rights
Arlington, Va.—On October 6 of this year, the U.S. Supreme Court will hear argument over whether officials from the FBI and other government agencies can be held accountable for violating Americans’ constitutional rights. The case, which was originally scheduled to be heard in March, is a unique opportunity for the Court to send a clear…
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.
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.
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.
Charles Clarke is a college student, who spent over 5 years to save up $11,000—only to have it seized by law enforcement officials before he was scheduled to board a flight at the Cincinnati/Northern Kentucky airport.
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.
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.
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.
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.
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.
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 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.
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.
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.”
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.
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.”
Russ Caswell and his family have owned and operated the Motel Caswell in Tewksbury, Mass., for two generations. The Caswells nearly had their property taken from them by local and federal law enforcement officials through a process known as civil forfeiture.
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.
Dan Staackmann is the founder and president of Upton’s Naturals, an independently-owned, ethical vegan food company based in Chicago. Mississippi’s ban on using “veggie burgers” and other meat terms in their labeling will have a devastating effect on companies like Upton’s Naturals.
Courtney wanted to become an esthetician so she could earn extra income and have flexible hours to spend with her son. But the state cosmetology board denied Courtney a license because of her criminal record, which has nothing to do with cosmetology.
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.
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.
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.
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.