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…
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…
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…
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 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…
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…
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…
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.
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.
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
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.
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.
Wendy trained as a makeup artist in Hollywood and has over 20 years of experience working with celebrities. But in Nevada, teaching others how to apply makeup without a government-issued license can subject you to up to $2,000 in fines.
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.
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.
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.
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.
Alan and Judy Gillis live in Orrington, Maine and send their youngest daughter, Isabella, currently a junior to Bangor Christian Schools. But because Alan and Judy have chosen a religious school for their daughter, Maine prohibits the town from paying Isabella’s tuition to Bangor Christian Schools.
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.
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.
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.
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.
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.
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.
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.
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.
Kriss Marion is the founder of her local farmers’ market in Blanchardville, Wisconsin. But under the state’s ban on selling home-baked goods, Kriss must instead give her extra baked goods away or feed them to her pigs and chickens.
Liz has seven children, three of whom have a severe tissue disorder called EDS which requires constant medical attention. Liz needs Nevada’s ESA so she can design a quality education for her youngest EDS child, Dallin, who will likely miss a lot of school in the future.
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.
Courtney wanted to become an esthetician so she could earn extra income and have flexible hours to spend with her son. But the state cosmetology board denied Courtney a license because of her criminal record, which has nothing to do with cosmetology.
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.
Mary Lou Wesselhoeft and her husband Paul Wesselhoeft own Ocheesee Creamery, a small creamery in the Florida Panhandle. Because of the all-natural dairy philosophy that Mary Lou follows, she added nothing to the creamery’s skim milk. But a state agency wants her to use a confusing and misleading label that labels the milk something it is not: “Non-Grade ‘A’ Milk Product, Natural Milk Vitamins Removed.”
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.