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…
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.
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.
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.
For more than 30 years, Hinga Mbogo has been fixing the cars of Dallas residents at his shop on Ross Avenue. But the city is trying to shut him down by using an oppressive and little-known zoning process called “amortization.”
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.
Spencer Byrd, a Chicago resident and part-time auto mechanic, who had his car impounded after he gave a client ride who got arrested for drugs. A Cook County Circuit Court judge ordered that his car be returned, but Chicago will not release Spencer’s car until he pays all of the towing and storage fees—more than $17,000.
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.
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.
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.
In May 2018, Jerome Davis and Veronica Walker-Davis took their family car to a repair shop. But a shop employee took their car on a joyride, police arrested them for driving on a revoked license, and impounded the car. When Veronica and Jerome went to get their car, they were told that it was gone. The city had already disposed of it; either selling it, scrapping it, or keeping it for police use.
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.
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.
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.
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.
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.
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.
Sage Lewis pioneered an innovative community for the homeless on his commercial property at 15 Broad Street in Akron, Ohio. His nonprofit, The Homeless Charity, provides tents, food, showers, computers, and other resources to 44 residents. But Akron is trying to eliminate his work through the city’s zoning code.
A registered nurse and grandmother from Katy, Texas, Anthonia had over $40,000 in cash seized by U.S. Customs and Border Protection. She was heading to Nigeria and planned to use the money to help family and to built a new medical clinic. Anthonia is now the lead plaintiff in a class action lawsuit against CBP’s policies of seizing cash and demanding owners waive away their constitutional rights to recover their money.
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.
Dipendra and his business partner Kishor Sapkota tried to open a home health agency that specializes in providing care to the Nepali community in Louisville, but Kentucky won’t allow him to open because its certificate of need (CON) law.
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.
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.
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.
After completing his military service as an Army Ranger, Jon McGlothian of Virginia Beach, Va., became a PMP-certified project manager. But Jon can’t advertise to the public or take on individual students because his school isn’t licensed by the State Council of Higher Education for Virginia.
After working in the food service industry for several years, Troy King purchased his first food truck in 2014—a gourmet chicken food truck called Pollo. But in September 2016, Troy was operating Pollo in downtown Louisville when a city inspector threatened to issue a citation and tow his truck simply because Troy was serving customers within 150 feet a restaurant that also serves chicken. Troy was forced to abandon his vending location and his customers.
On May 11, 2015, Miladis Salgado returned home to find her life turned upside down. While she was at work, police raided her home and seized her entire life savings—$15,000 in cash—based on a tip that her estranged husband was dealing drugs. He wasn’t, but that didn’t stop the Drug Enforcement Agency (DEA) from attempting to keep Miladis’s money forever.
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.”