Late last week, a Fulton County Superior Court judge dismissed all constitutional aspects of the legal challenge to Georgia’s popular scholarship tax credit program. The program allows individuals and corporations to claim a dollar-for-dollar tax credit for their voluntary contributions to private charities, which in turn use the donated funds to provide scholarships for low-income…
Phil Applebaum | Liberty in Action | February 10, 2016
Last month, the Institute for Justice and local property-owners-turned-activists struck a decisive victory for property rights in Mt. Airy, North Carolina. This fight provides a perfect example of how threatened property owners can employ grassroots activism to quickly defeat redevelopment projects. Here’s the blow-by-blow: In the center of Mt. Airy lies an abandoned factory known…
Indiana Forfeiture Victims Sue to End Civil Forfeiture's Perverse Profit Incentive
Arlington, Va.—The Indiana Constitution clearly states that “all forfeitures” must go to support the state’s schools, but that has not stopped police and prosecutors in Indianapolis from keeping 100 percent of civil forfeiture proceeds for themselves. This multi million-dollar constitutional violation has been going on for years, fueling aggressive forfeiture practices in Indiana’s capital city.…
A new bill would fully legalize pot(lucks) in Arizona. Under Arizona law, potlucks and other “noncommercial social events,” are exempt from food safety regulations and health department inspections, but only if they occur “at a workplace.” So that exception does not extend to hosting potlucks at a home or church, rendering them against the law.…
The Missouri Senate has taken a significant step towards curbing excessive municipal fines in the state. A new law, passed by the Senate last month, puts stricter caps on how much revenue municipalities can collect through fining residents and traffic violators. The senate bill to set these new caps, sponsored by Sen. Eric Schmitt, passed with…
After months of uncertainty, Lyndon McLellan was finally vindicated in his battle against the IRS. Lyndon had his entire bank account seized in July 2014 after the IRS accused him of “structuring” because he deposited money in the bank in amounts under $10,000. Despite policy changes by both the IRS and the Justice Department, the…
IJ is committed to defending the right of parents—not politicians, not bureaucrats—to choose the education that best fits their child’s needs. When needed, we defend this right in court, and we’ve been doing so for 25 years. We also support a parent’s right to choose outside of the courtroom, from legislative chambers, to the halls…
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.
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.
Chip owns Live Oak Brewing, based in Austin, Texas. Established in 1997, Live Oak has been brewing craft beer long before its current surge in popularity. Now he is fighting a Texas law that forces craft brewers to give up millions of dollars of valuable property to politically connected beer distributors.
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.
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.”
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.
Liz has seven children, three of whom have a severe tissue disorder called EDS which requires constant medical attention. Liz needs Nevada’s ESA so she can design a quality education for her youngest EDS child, Dallin, who will likely miss a lot of school in the future.
Jim and Cliff Courtney have a plan to bring economic prosperity to their small community. Unfortunately, the state of Washington has sunk their plan with a law that requires them to obtain a certificate of “public convenience and necessity” from the state in order to pick up and drop off passengers.
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.
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.
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.
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.
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.
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.
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.
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.
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.”
Wendy trained as a makeup artist in Hollywood and has over 20 years of experience working with celebrities. But in Nevada, teaching others how to apply makeup without a government-issued license can subject you to up to $2,000 in fines.
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.
IJ By the Numbers
4 Litigation Pillars
92% from individuals
8% from foundations
5 U.S. Supreme Court cases since 2002, including 4 victories
IJ is currently litigating43 cases in 26 states and Washington, D.C.