PHILADELPHIA—Today, a three-judge panel of the Commonwealth Court of Pennsylvania denied the Cosmetology Board’s motion to dismiss a lawsuit filed by two Philadelphia-area women who want to end an unconstitutional requirement that stands in the way of their careers. The Board used Courtney Haveman’s and Amanda Spillane’s past legal problems to deny them the right…
Lawsuit maintaining that the Legislature ignored the state’s Constitution to reduce support for educational choice will proceed
Las Vegas, Nev.—Today, Clark County District Court Judge Rob Bare handed Nevada families a first-round win in their constitutional challenge to a 2019 law that eliminated the automatic annual increase in the amount of tax credits available for donors to the Nevada Educational Choice Scholarship Program. Attorneys for the state were seeking to dismiss the…
Institute for Justice Partners with Engineer to Challenge Law Requiring Engineers to Obtain License to Call Themselves Engineers or to Be Entrepreneurs
From satellites in space to circuits for flashlights, Greg Mills has spent his entire career working as an engineer designing and building electronics. But earlier this year, a group of industry insiders sitting on a government board abruptly put Greg’s career on ice. Now he’s fighting back. Greg’s resume reads like a veritable who’s-who of…
Kentucky’s certificate of need law lets large providers monopolize home health in most of the state
Louisville, Ky.—Dipendra Tiwari saw an urgent need for Nepali speakers to receive home health care from workers who understood their language and culture. With thousands of Nepali immigrants living in the Louisville area, he hoped to open a modest business that would employ nurses and health aides qualified to offer services to both the Nepali…
Legislative Committee Approves Department’s Request to Stymie Local Entrepreneurs
Bismarck, N.D.—Today, the North Dakota Legislative Assembly’s Administrative Rules Committee approved rules to significantly weaken the state’s food freedom law. The Institute for Justice (IJ) has repeatedly urged the Legislature and the state Department of Health not to adopt rules that will significantly impair people’s ability to run their homemade food businesses. The law, which…
Arlington, Va.—On Friday, the Institute for Justice (IJ) submitted comments to the Texas Department of Public Safety supporting rules proposed on October 25, 2019. The rules ease licensing burdens on people with unrelated criminal records who now want to work in the private security industry. Enforcing a new Texas law and directive by Governor Greg Abbott,…
National law firm joins the Lech family’s fight for compensation after police destroy their house in pursuit of shoplifter
Arlington, Va.—If the government needs to destroy your home to build a freeway or a school, the Constitution entitles you to just compensation. But what if the government needs to destroy your home for some other reason—say, to capture a fugitive who has randomly taken refuge in your house while fleeing the police? Does the…
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.
Corban Addison Klug (writing under the pen name “Corban Addison”) has published four novels and works out of his home in Charlottesville, Virginia. But Charlottesville and Albemarle County require a business license to write novels, and they have assessed thousands of dollars in back taxes against Corban and other hardworking freelance writers.
David Diaz, a custodian at a synagogue in the Bronx, lives with members of his family in an apartment near the Bronx Zoo. The NYPD raided the apartment in 2013, entering with guns drawn, and arrested all the adults present, but did not charge anyone.
Sung Cho owns and operates Super Laundromat and Drycleaners, one of the largest laundromats in Manhattan. Sung could be evicted, and his business closed, simply because his business was the site of a crime. The identity of the criminals was beside the point.
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.
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.
Carter Walker is a reporter covering the county government for the Lancaster, Pennsylvania newspaper. To shine a light on forfeiture spending by the Lancaster County DA, he filed a request, which was denied. Carter appealed to Pennsylvania’s Office of Open Records and won, but now the DA is fighting in court to keep this information secret.
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.
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.
Jim Ficken is a 69-year-old retiree living in a modest two-bedroom, one-bathroom home in Dunedin, Florida. For letting his lawn grow too long, Jim faces nearly $29,000 in fines and has been threatened with foreclosure.
Growing up in the Ivory Coast, Lynn Schofield learned to braid from her family. When Lynn moved to Louisiana, she opened her own braiding salon that once had more than 20 employees. But that all changed in 2003, when the Board began requiring braiders to obtain a license.
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.
Bill Von Winkle’s Fort Trumbull Deli served oversized hoagies to eager customers from 1986 until 2001 when the New London Development Corporation’s actions forced the Von Winkles to shut it down and forgo its income.
The Archdiocese of Newark is one of the largest in terms of population in the U.S., with nearly 1.3 million Catholics and 219 parishes. The Archdiocese is fighting a New Jersey law that makes it a crime to sell monuments, such as headstones, to their parishioners.
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.
After eight years of working as a driver for Yellow Cab, Ken Leininger decided to start his own business. But when Ken tried to get permits for his new business early last year, Little Rock denied his applications.
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.
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.
Bob Smith has been professionally shoeing horses since 1974 and founded Pacific Coast Horseshoeing School (PCHS) in Plymouth, California to pass his skills on to another generation of farriers. But California threatened to shut him down, because Bob was admitting students to his horseshoeing school who hadn’t first graduated from high school or passed an equivalent government-approved exam.
Robert Martin operates the Red’s Comfort Foods food truck and offers specialty gourmet hot dogs and sausages in Louisville, Kentucky. The city’s 150-foot ban makes it difficult for Robert to operate his Red’s Comfort Foods food truck in Louisville because the law creates no-vending zones that extend 150 feet around every restaurant, café and eating establishment in the city. In fact, Robert was even cited in 2015 for vending downtown within 150 feet of a restaurant.
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.
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.
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.
Dr. Michael Garrett is a family doctor in Austin, Texas, who has been practicing medicine for over two decades. But unlike 45 states, in Texas, many patients can’t purchase medication directly from the doctor prescribing it.
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.
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.
Flor Morency is the mother of twin children, a boy and a girl, who have received scholarships through Nevada’s program. But in July, Morency was told that her children could no longer receive a scholarship because a new state law made it statistically impossible to grant scholarships to all renewing students.