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…
New report provides new national and state-level estimates of licensing’s costs, confirms licensing’s growth
Arlington, Va.—State occupational licensing laws force people to spend time and money earning a license instead of earning a living. But these laws also impose real costs on the wider economy—nearly 2 million lost jobs and billions of dollars in losses for consumers and the wider economy, according to a new Institute for Justice study.…
“The proposed intervenors cannot claim any constitutional harm...”
Arlington, Va.—The Institute for Justice (IJ) released the following statement from senior attorney Tim Keller in response to today’s motion to intervene in the case: “The Institute for Justice and First Liberty Institute will oppose the motion to intervene in our suit against Maine over the unconstitutional restrictions in the high school tuitioning program. The…
MEDIA ADVISORY 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,…
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.
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.
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.
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.
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.
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.
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.
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.
Rett owns Revolver Brewing, south of Fort Worth. He is fighting a Texas law that forces brewers to give up their distribution rights to distributors for free. Even worse, distributors can then sell those rights to other distributors and pocket the money.
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.
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.
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.
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.
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.
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.
Valarie has received a set of warnings from Pagedale, threatening her with fines and fees for alleged violations. She was even arrested in front of her home and taken to Pagedale city hall because of an unspecified ticket.
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.
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.
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.
Lisa Kivirist is a mother, farmer, business owner and avid baker. Lisa typically serves muffins and other baked goods at her B&B for breakfast, but the baked-good ban prohibits her from selling these same exact goods to guests.
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.
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.”
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.
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.