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Lawsuit Challenges SEC Gag Order and Book Ban

January 9, 2019

Florida Supreme Court Ends Challenge to Scholarship Programs

January 4, 2019

Less than 1% of 8,000 charities rated have received at least 17 consecutive 4-star ratings

Charleston Appeals Federal Decision Striking Down Tour Guide Licensing Law

Institute for Justice, which represented would-be tour guides, comments on continuing legal battle

Charleston, S.C.—Yesterday, attorneys for the City of Charleston appealed an August 2018 federal court ruling that struck down the city’s tour guide license. The licensing law was challenged by three would-be tour guides—Kimberly Billups, Michael Warfield and Michael Nolan—who joined with the Institute for Justice (IJ) in January of 2016 to file a lawsuit alleging…

Amicus Briefs Make Case For Newcomers & Against Cartels In U.S. Supreme Court Case

Among the Themes: States may not discriminate against newcomers. The U.S. Constitution has many provisions designed to prevent anticompetitive efforts like Tennessee’s. Bottleneckers—like the Retailers Association—are self-serving institutions that use the government’s power to keep their prices high, thereby hurting consumers and would-be entrepreneurs alike. Arlington, Va.—On Wednesday, January 16, 2019, the U.S. Supreme Court…

Lawsuit Challenges SEC Gag Order and Book Ban

Institute for Justice represents Cato Institute in First Amendment lawsuit to end SEC’s imposition of unconstitutional settlement gag orders

This press release and the lawsuit it announces are subject to a gag order imposed by the Securities and Exchange Commission (SEC) prohibiting us from telling you the story of ████████, an American entrepreneur who, as he tells it, was the victim of an overzealous government investigation. Although the SEC agreed to settle his case…

New Jersey Appellate Court Curtails Eminent Domain Power

State Court Holds That Government Must Demonstrate Property Is “Necessary” Before Condemning Private Property

Arlington, Va.—In a decision with nationwide implications, the New Jersey Appellate Division yesterday (January 7, 2019) rejected the Borough of Glassboro’s attempt to condemn private property in service of an unspecified and undescribed “redevelopment plan,” holding that government officials cannot use their power to take property simply to engage in what the court called “land…

Ohio Governor Signs Landmark Reform of Occupational Licenses

Ohio Gov. John Kasich signed a sweeping overhaul of Ohio’s occupational licensing laws on Friday, which govern nearly one-fifth of the state’s workforce. By limiting the ability of otherwise qualified people to work in a given field, licensing laws limit competition and drive up prices for consumers. One study published by the Institute for Justice…

Florida Supreme Court Ends Challenge to Scholarship Programs

Years-long lawsuit challenged the constitutionality of Florida Tax Credit and McKay Scholarships

Tallahassee, Fla.—In a decision issued today, the Florida Supreme Court ended a years-long lawsuit that included a challenge to the constitutionality of the Florida Tax Credit (FTC) Scholarship and the McKay Scholarship Program for Students with Disabilities. The Institute for Justice (IJ) defended the programs on behalf of parents of scholarships students. “Today, after years…

Judge Denies Fort Pierce’s Motion to Dismiss Food Trucks’ Lawsuit

Today, Florida food truck owners are one step closer to vindicating their right to economic liberty after a judge denied the city of Fort Pierce’s motion to dismiss a challenge to its law requiring that food trucks be over 500 feet from any restaurant to legally operate. This ruling by Judge Lawrence Mirman of the…

Our Issues

Educational Choice

School choice is simply the idea that all parents, regardless of means, should enjoy the freedom to choose what schools their children attend.
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Economic Liberty

The right to earn a living in the occupation of your choice without unnecessary government interference is at the heart of the American Dream.
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First Amendment

We seek to defend the free flow of information—information that is indispensable to our democratic form of government and to our free enterprise economy.
more on this issue »
Private Property

Respecting the right of private property is essential to a just and prosperous society. But government at all levels—local, state and federal—routinely infringe on these rights.
more on this issue »

IJ IN THE MOVIES

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CATHERINE KEENER

EMMY NOMINEE

JEANNE TRIPPLEHORN

LITTLE PINK HOUSE

SHE FOUGHT FOR HER HOME. AND YOURS.

ECONOMIC LIBERTY

Occupational Licensing Blocks Americans' Right to Earn an Honest Living.

OccupationalLicensing.com

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November 14, 2018 | Strategic Research

At What Cost

State and National Estimates of the Economic Costs of Occupational Licensing
November 15, 2018 | Strategic Research

Ready to Roll

Nine Lessons from Ending Wisconsin's Home-Baking Ban

Heather Kokesch Del Castillo

Heather Kokesch Del Castillo is a health coach in Fort Walton Beach, Florida, who joined with the Institute for Justice to defend her First Amendment right to give dietary advice.

Harley Bruce

Harley Bruce owns Poor Piggy’s BBQ & Catering, which was the first food truck in Wilmington and serves up award-winning North Carolina barbecue.

Robin Lamp

Robin Lamp is a single parent whose two daughters attend Christian academy in Georgia.

Troy and Angela Nelson

Troy and Angela Nelson operate a small family farm in Palermo, Maine. They have two children, Alicia, who attends a nonreligious school, and Royce, who attends Temple Academy, a private, Christian school. Palermo won’t pay for Royce’s tuition, simply because he attends a religious school, even though its pays tuition for Alicia.

Regino Soriano

Regino Soriano owns a popular food truck named El Bandolero, but his plans to expand have been significantly restricted by San Antonio’s city’s 300-foot rule.

Young Americans for Freedom

Whitworth University Young Americans for Freedom Chapter (WU-YAF) has members who are eligible for the State Work-Study Program, but some of their desired employers are considered ineligible because they are “sectarian.”

Jeana and Jack Horner

Jeana and Jack Horner are among the hundreds of people each year who find themselves caught in Indianapolis’s forfeiture machine.

Senator Daniel Ivey-Soto

Senator Daniel Ivey-Soto, a Democrat representing Bernalillo County, carried the Forfeiture Reform bill on the floor of the Senate.

Ash Patel

Ash Patel moved to Texas from India to pursue his American Dream of opening up an eyebrow threading salon. But in 2009, Texas demanded that eyebrow threaders obtain an expensive cosmetology license—even though beauty schools teach absolutely nothing about eyebrow threading. Ash shut down his successful business to avoid paying $2,000 in fines. He teamed up with the Institute for Justice to vindicate his rights. Six years later, IJ scored one of its most important economic liberty victories when the Texas Supreme Court ruled that the state had violated the Texas Constitution by ordering threaders to obtain 750 hours of conventional cosmetology training. Threaders all over Texas are now free to work without having to obtain a government-issued license.

Kendra Espinoza

Dave and Amy Carson

Dave and Amy Carson are residents of Glenburn, Maine and have sent their daughter, Olivia, now a sophomore, to Bangor Christian Schools. But because Olivia’s school is religious, Glenburn is prohibited from paying for Olivia’s tuition.

The Kazazi Family

John Rinaldi

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.

Randy Sowers

Randy Sowers has run a dairy farm in Frederick County, Md. since 1981. But in 2012, the IRS seized the farm’s bank account because the Sowers deposited the cash in amounts under $10,000.

Vincent Blount

Vincent Blount has accumulated $2,800 in fines,and even served jail time, due to Pagedale, Missouri’s system of excessive municipal fines.

Jane Astramecki

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.

Lissette Waugh

Nevada is trying to force makeup artistry instructors, like IJ client Lissette Waugh, to get a license they don’t need.

Mats Järlström

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 Nolan

Michael loves Charleston and plans to tell its story to visitors, but he will do so because he has a right to say what he wants—not because the city has given him its permission.

Bernardo Soriano

Bernardo has plans to grow his food truck business, but San Antonio’s 300-foot rule is making it very difficult for him to realize his goals.

Jameelah El-Shabazz

In 2011, police raided Jameelah El-Shabazz’s apartment in New York City and found several cups filled with crushed eggshells, which Jameelah uses for religious purposes. Believing the cups were filled with drugs, police arrested Jameelah and her son Akin and held them in jail for a week. They also had her apartment closed . City attorneys, relying on those same discredited allegations about the cups of crushed eggshells, claimed the apartment had been the site of drug crimes, and had her apartment closed under the city’s no-fault eviction ordinance. Unable to fight back in court, Jameelah had to agree to permanently bar her son from her home in order to regain access to her own apartment.

Salamata Sylla

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

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.

Rafael Lopez

San Antonio shut down Rafael’s food truck and threatened him with daily fines of up to $2,000 per day if he continued to vend.

Bill Von Winkle

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.

Lata Jagtiani

Lata has been threading since she was a teenager in India and saw a need for threading services in the New Orleans metropolitan area. But in June 2016, state regulators fined her business for employing unlicensed threaders, and ordered Lata to fire her unlicensed employees.

Gerardo Serrano

Gerardo Serrano owns a Ford F-250 pickup that was seized by Customs and Border Protection for civil forfeiture in September 2015. CBP seized the truck because they found five bullets in the center console, claiming they were “munitions of war.” After almost two years without a judge hearing his case, Gerardo joined with the Institute for Justice in September 2017 to file a lawsuit to get his truck back. Gerardo also filed suit on behalf of all U.S. citizens who have had vehicles seized by CBP, seeking an order requiring the agency to provide a prompt hearing whenever they take vehicles for civil forfeiture.

Mark Zaniewski

Mark owns the Metro Marathon service station in Sterling Heights, Mich., which has been in the family for 40 years. But in 2013, the IRS seized over $70,000, even though Mark violated no law.

Mary Jackson

Mary is a certified lactation consultation with nearly three decades of experience, including teaching at Emory and Morehouse. But thanks to a new license in Georgia, Mary can no longer work in her current position helping women and children with hands-on breastfeeding advice.

Esteban Narez

Esteban Narez, 26, grew up in Watsonville, California with his mother and two sisters. Esteban withdrew from high school his senior year due to a major injury. He hasn’t been able to get a GED because the medical bills and his family’s finances have forced him to work full-time ever since. Esteban wants to train as a farrier, but California won’t let him.

Aimee and Heath Hairr

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.

Russ Caswell

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.

Scott Fisher and Gone Broke Gaming

Scott Fisher runs a video game store in Orange Park, Florida, just outside Jacksonville. To boost foot traffic and visibility for his business, he set up a giant inflatable Mario, only to run afoul of the town’s sign code. Scott has joined with the Institute for Justice to defend his First Amendment rights.

Aurora Espinoza

Aurora Espinoza is a single mom who works a full‑time job to make ends meet, has two daughters who are trapped by their zip code in some of the worst public schools in the state.

Brian Peffer

Brian Peffer owns and operates “Creative Chef on Wheels.” Brian simply wants to provide his customers with the best food and service he can, but Fort Pierce, Florida’s 500-foot ban stops him from competing.

Silvio Membreno

IJ client Silvio Membreno built his business by selling flowers to consumers where they want to buy them. But the city of Hialeah, Fla., is unconstitutionally restricting his business.

Jessica Hadraba

Jessica 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.

Robert Martin

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.

Senator Lisa Torraco

Senator Lisa Torraco, a Republican representing Bernalillo County, N.M., was the initial sponsor for the Forfeiture Reform Law in the State Senate.

Matthew Bentley, Joseph Briere and Wesley Williams

Bentley, Williams, and Briere live with their three roommates in Northwest Seattle and objected to the city’s warrantless rental inspection.

Lyndon McLellan

Lyndon McLellan has spent more than a decade running L&M Convenience Mart in rural North Carolina. Then, without any warning, agents from the IRS seized his entire bank account, totaling more than $107,000.

Achan Agit

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.

James Jenkins

James Jenkins, along with his husband, is the co-owner of Valancourt Books in Richmond, Virginia, which specializes in reviving and popularizing rare, neglected, and out-of-print fiction.

Jon McGlothian

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.

Jeffrey, Richard and Mitch Hirsch

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.

Jeanette Strohm-Anderson and Mark Anderson

IJ school choice parents Mark and Jeanette Anderson plan to send their son, Max, to a school with a math and science curriculum that better fits his interests and needs.

Jill Homan

Jill Homan lives in Petworth with her family and sends her one-year-old daughter to a day care center in Northeast D.C. Jill wants to stand up for day care providers’ right to earn a living and for her own right to choose her child’s caretakers.

Mike Warfield

Fed up with Charleston’s endless series of trivial questions, Mike is standing up for his First Amendment right to talk to paying customers without first getting the government’s permission.

Hinga Mbogo

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.”

Jim and Cliff Courtney

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.

U.S. Supreme Court Case Takes On Anticompetitive Liquor Laws That Keep Out Newcomers

Institute for Justice

Homepage

Lawsuit Challenges SEC Gag Order and Book Ban

Florida Supreme Court Ends Challenge to Scholarship Programs

Less than 1% of 8,000 charities rated have received at least 17 consecutive 4-star ratings

Andrew Wimer | Press Release | January 10, 2019

Institute for Justice, which represented would-be tour guides, comments on continuing legal battle

John Kramer | Press Release | January 10, 2019

J. Justin Wilson | Press Release | January 9, 2019

Institute for Justice represents Cato Institute in First Amendment lawsuit to end SEC’s imposition of unconstitutional settlement gag orders

John Kramer | Press Release | January 8, 2019

State Court Holds That Government Must Demonstrate Property Is “Necessary” Before Condemning Private Property

Nick Sibilla | Press Release | January 7, 2019

Andrew Wimer | Press Release | January 4, 2019

Years-long lawsuit challenged the constitutionality of Florida Tax Credit and McKay Scholarships

Conor Beck | Press Release | January 3, 2019

Our Issues

Educational Choice

Economic Liberty

First Amendment

Private Property

IJ IN THE MOVIES

ACADEMY AWARD NOMINEE

CATHERINE KEENER

EMMY NOMINEE

JEANNE TRIPPLEHORN

LITTLE PINK HOUSE

SHE FOUGHT FOR HER HOME. AND YOURS.

ECONOMIC LIBERTY

Occupational Licensing Blocks Americans' Right to Earn an Honest Living.

OccupationalLicensing.com

SUPPORT OUR WORK

The National Law Firm for Liberty

Our Videos

Our Research

November 14, 2018 | Strategic Research

State and National Estimates of the Economic Costs of Occupational Licensing

November 15, 2018 | Strategic Research

Nine Lessons from Ending Wisconsin's Home-Baking Ban

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