Institute for Justice and Parents will appeal to U.S. Supreme Court
Helena, Mont.—Today, by a 5 to 2 vote, the Montana State Supreme Court reversed a lower court to declare that the state’s scholarship tax credit program is unconstitutional. This marks the first time that a state supreme court has struck down such a program. The program provides scholarships to needy families to attend the private…
Pennsylvania Cosmetology Board uses irrelevant and old criminal convictions to deny licenses after individuals invest time and money in education
PHILADELPHIA—Two Pennsylvania women denied licenses by the Pennsylvania Cosmetology Board are suing in the Commonwealth Court to end an unconstitutional requirement that stands in the way of careers in cosmetology. Courtney Haveman and Amanda Spillane, who live near Philadelphia, struggled with substance abuse, but have been sober and stayed out of trouble for years. The…
Second Circuit Allows Constitutional Claims To Be Tested
Today, the 2nd Circuit Court of Appeals ruled that the U.S. District Court for the Southern District of New York improperly dismissed a class-action lawsuit challenging New York City’s extraction of unconstitutional settlement agreements. Through its no-fault eviction program, the NYPD threatened to evict businesses and residents when somebody—even a total stranger—committed a crime at…
Ruling solidifies victory for tour guides denied licenses
Charleston, S.C.—Judge David Norton of the U.S. District Court for the District of South Carolina today affirmed his August 2018 decision protecting the First Amendment rights of Charleston tour guides. The city’s tour guide licensing law was challenged by three would-be tour guides—Kimberly Billups, Michael Warfield and Michael Nolan—who joined with the Institute for Justice…
Food Truck Owners Challenge One of the Most Anti-Competitive Vending Restrictions in the Country
As the owner of the Taco Trap food truck, Benny Diaz has reaped the rewards of hard work and an entrepreneurial spirit. He started out making his unique taco creations from his grandmother’s recipes at a restaurant in Port St. Lucie, Florida. From there, patrons encouraged him to start a business of his own. Benny’s…
Seattle Inspection Law Treats Tenants as Second-Class Citizens and Tramples Constitutional Right to Privacy
SEATTLE, Wa.—Today, a group of Seattle tenants and landlords partnered with the Institute for Justice (IJ) to file a class action lawsuit challenging the city’s use of invasive, warrantless searches to inspect rental units. The lawsuit, which was filed in King County Superior Court, argues that the city’s program is a clear violation of the…
Business Is Booming One Year After State Declares Prohibition Unconstitutional
This Thanksgiving, Wisconsin’s home bakers can legally sell homemade apple pies, sugar cookies and other delicious treats to hungry Wisconsinites. They have not had this opportunity for long: In October 2017, following a lawsuit by the Institute for Justice (IJ), a Wisconsin court ruled a law prohibiting entrepreneurs from selling home-baked goods—even a single cookie—was…
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.
Next Chapter Winery is a family-run winery in New Prague, Minnesota built by Timothy and Therese Tulloch. To grow Next Chapter’s business, they would like to offer more varieties of wine, which would require using more grapes from other regions.
Martha is a stay-at-home mom with two sons, a 5-year old and a 2-year old. She has baked her whole life and is professionally trained. Martha is Brazilian and lived in Brazil for 25 years, and she would like to start a home business focusing on Brazilian-inspired cookies.
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 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.
Pat Raynor, a lifelong hairstylist, became interested in working from home after her husband Harold passed away in 2009. But under Nashville’s ban on home-based businesses, Pat was forced to shut down her home hair salon.
David and Ellen Keith have lived in Pleasant Ridge since the 1970s, and a daughter, a granddaughter and even two great-grandchildren live next door. But if forced out, they will be left nearly destitute in their retirement.
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.
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.
Mildred Bryant is 84 years old and living out her golden years in the home she’s owned for 46 years in Pagedale, Missouri. But she faces a real threat of tickets, fines, and imprisonment from the town.
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.
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.
James Slatic is a consummate entrepreneur who has started more than ten businesses and has been active in the medical marijuana movement. Annette works as a radiology technician for the local Veterans Administration Hospital. Lily is a sophomore at San Jose State University and her sister Penny is in high school.
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.”
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.
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.
Opternative is a Chicago-based internet startup that offers consumers a simple promise: Get a new prescription for glasses or contacts from the comfort of your own home. In most states, Opternative’s technology allows doctors to provide faster and better service to more people—but not in South Carolina.
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.
Jeff has spent almost 30 years building a successful small business with his brothers, distributing candy, snacks and other goods to convenience stores throughout Long Island. But the government raided the business’s bank account using civil forfeiture—taking $446,000 and nearly destroying the family business. T
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.
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.”
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.