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…
The momentum continues to build against strict licensing laws. On February 2, 2016, the Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights held a hearing on the merits of state occupational licensing regulations. Among those testifying before the committee were IJ Attorney Robert Everett Johnson, along with IJ client Bill Main, whose tour…
Federal Court Dismisses Case “With” Prejudice, Rejecting Government’s Attempt to Evade Attorneys’ Fees
Arlington, Va.—This week a federal court handed down a long-awaited decision vindicating Lyndon McLellan in his fight against the IRS. Lyndon’s case came to the nation’s attention after the IRS seized his entire bank account in July 2014 using civil forfeiture for the innocent act of depositing his hard-earned money in the bank in amounts…
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Terry Dehko and his family have owned and operated the Schott’s Market in Fraser, Mich., for 35 years. The Dehkos had $35,000 taken from them by federal law enforcement officials through a process known as civil forfeiture.
Valarie has received a set of warnings from Pagedale, threatening her with fines and fees for alleged violations. She was even arrested in front of her home and taken to Pagedale city hall because of an unspecified ticket.
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.
Rett owns Revolver Brewing, south of Fort Worth. He is fighting a Texas law that forces brewers to give up their distribution rights to distributors for free. Even worse, distributors can then sell those rights to other distributors and pocket the money.
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 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 Jane Astramecki, a graduate of Le Cordon Bleu, runs a home baking business. But Minnesota’s restrictive cottage food law bans her from earning more than $5,000 a year and from selling her treats at venues other than farmers’ markets and community events.
Dr. Mark Baumel, of Colon Health Centers for America, wants to increase the rate of screening for colon cancers. But when Dr. Baumel and his partners sought Virginia’s permission to buy new CT scanners, it denied them a “certificate of need.”
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.