EVENT: Can the Government Bulldoze Your Home for No Reason? N.J. Appeals Court to Hear Argument In Atlantic City Eminent Domain Abuse Case DATE/TIME: Wednesday, October 24, 2018, at 10 a.m. PLACE: New Jersey Superior Court, Appellate Division Brennan Courthouse 583 Newark Avenue Jersey City, NJ 07306 PARTICIPANTS: Robert McNamara and Dan Alban, Attorneys, Institute for…
City refuses to allow man to use his commercial property to host tent community; fears tents will be gone by Thanksgiving
Akron, Ohio—Since ancient times, good samaritans have used their land to shelter the neediest. That tradition continues today in Akron, Ohio, where Sage Lewis—a local entrepreneur—welcomed a group of homeless people to set up tents in the back lot of his business after the city forced them off public land. That was more than a…
With the midterms just three weeks away, a new poll found widespread opposition to civil forfeiture, a controversial practice that lets law enforcement agencies seize and keep property, without a criminal conviction or even filing charges. Conducted by the Institute for Justice and YouGov, the poll found that 76 percent of Americans would be more…
Innovative exercise solution Liv Labs rises above 130 competitors
CHICAGO—Five South Side entrepreneurs took the stage last week with three crowned winners and all the contestants gaining valuable experience in promoting their unique business idea. For five years running, the Institute for Justice Clinic on Entrepreneurship (IJ Clinic) has hosted South Side Pitch. Liv Labs, an innovative solution to help women exercise with confidence,…
Carolina Beach, N.C.—At a public town council meeting last night, the Carolina Beach council announced that it intends to make Carolina Beach a leader for food truck freedom and remove, rather than enact, barriers to competition. This comes six weeks after it repealed an unconstitutional ordinance requiring food truck owners own a brick-and-mortar restaurant in…
Town board that banned businesses on wheels sued for violating Wisconsin’s Constitution
Sturgeon Bay, Wis.—The owners of White Cottage Red Door, a Door County shop known for “everything cherry,” filed a constitutional challenge to the town of Gibraltar’s food-truck ban. When the small business opened a food truck in its parking lot in the summer of 2017, the Town of Gibraltar’s board, chaired by a local brick-and-mortar…
Decision effectively ends case after state’s new stand-alone braiding license went into effect
Washington, D.C.—The U.S. Supreme Court today effectively brought to an end a four-year challenge to Missouri’s licensing of African-style hair braiders. The braiders, working with the Institute for Justice (IJ), challenged the state’s requirement that they spend thousands of dollars on 1,500 hours of cosmetology training even though the training did not cover braiding. Earlier…
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.
Korver Ear Nose and Throat LLC owns a recently constructed medical facility in Orange City, Iowa. It would like to convert the lower level of this facility into an outpatient surgery center, but does not want to incur the enormous time, expense, and uncertainty of going through the certificate of need process, only to be denied because of its competitor’s opposition.
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.
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.
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.
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.
Heather is a single mother of a 14-year-old son. After bringing in baked goods to her son’s school for fundraisers and to his football team, Heather started getting many requests to sell them. But then Heather learned that selling her goods from home was illegal. Heather wants very much to be able to resume selling her delicious goods so she can use the money to support her son.
Vocatura’s Bakery was founded in 1919, almost one hundred years ago, and has been owned and operated by three generations of the Vocatura family. Claiming the owners violated so-called “structuring” laws by depositing cash in the bakery’s bank account in amounts less than $10,000, the IRS seized more than $68,000 from the family.
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.
Michael Jensen would like Dr. Birchansky to perform his next needed eye surgery at the outpatient center next to Dr. Birchansky’s office because it is a safe, less costly, convenient, and familiar environment. Unfortunately Iowa’s CON law is denying him that choice.
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.
In March 2017, Phil Parhamovich, a musician from Madison, Wisconsin, was pulled over by the Wyoming Highway Patrol and pressured into signing a pre-printed waiver that stated he was “giving” his $91,800 in cash to the Wyoming Division of Criminal Investigation.
Fortunately, after the Institute for Justice took his case, law enforcement returned all of the cash they had wrongfully taken from Phil.
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.
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.
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.
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.
Iowa’s certificate-of-need requirement prevents Michael Driesen and his children from receiving future ENT surgeries from Korver ENT because Korver ENT cannot open its proposed surgery center before obtaining a certificate of need.
Samantha Harris hired Sally Ladd, a New Jersey-based entrepreneur, to manager her short-term vacation rental in Pennsylvania’s Pocono Mountains. But when Pennsylvania wanted Ladd 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.
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.
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.
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.
Panna Shah came to the United States from India in 2006 in search of a better life. She has been threading for more than 30 years but would be unable to thread full-time because she can’t afford to complete Louisiana’s irrelevant training requirements.