After four years of litigation, city agrees to end “policing for profit,” ensure due process and establish $3 million compensation fund for victims of city’s forfeiture practices
PHILADELPHIA—The Institute for Justice (IJ) today announced a major settlement with the city of Philadelphia, ending the city’s draconian civil forfeiture machine. In documents filed with the U.S. District Court for the Eastern District of Pennsylvania today, city officials agreed to a set of reforms that will end the perverse financial incentives under which law…
18 Amicus Briefs Support Institute for Justice’s Client, 1 Brief, which Examines the History of the Eighth Amendment, Remains Neutral Indiana Supreme Court Ruled Governments within the State May Impose Excessive Fines Until the U.S. Supreme Court Says They Can’t Arlington, Va.—In late November or early December, the U.S. Supreme Court will hear Timbs v.…
Today, the Charlestown City Council started the process of rescinding the Indiana state Unsafe Building Law. The vote comes just two days after an Indiana Appeals Court ruled that the city had violated the state Unsafe Building Law when it levied outrageous fines against homeowners in the Pleasant Ridge neighborhood. In response to today’s vote,…
Hearing to Decide Whether City Council Will Allow Tents on Private Property
Akron, Ohio—Tonight at 7:00 p.m., the Akron City Council will hold a hearing on the application of Sage Lewis and The Homeless Charity for a permit to continue sheltering the homeless on private commercial property at 15 Broad Street. This permit application raises not just questions about zoning policy, but the constitutional rights of property…
Appellate Court rules state protections that the city had blatantly ignored do, in fact, apply to Charlestown property owners
Charlestown, Ind.—Today, the Indiana Court of Appeals ruled that the City of Charlestown must follow the state of Indiana’s Unsafe Building Law, a state statute that gives property owners procedural protections from overzealous city code enforcement. The decision on the neighborhood’s preliminary injunction now goes back to Judge Jason Mount to rule on how the Unsafe…
Indiana Supreme Court Ruled It May Impose Excessive Fines Until the U.S. Supreme Court Says It Can’t
Arlington, Va.—The case of Tyson Timbs v. State of Indiana, which will be argued this fall before the U.S. Supreme Court, tells an all-too-familiar tale of opioid addiction and recovery in America. But this story has an important constitutional twist that may help protect millions of Americans from the abuse of government-imposed fines and fees,…
Carolina Beach, N.C.—Last night, after an extended meeting behind closed doors, the Carolina Beach town council repealed a law that makes it illegal to operate a food truck in the town unless the owner also owns a brick-and-mortar restaurant in town. The unanimous vote came a week after the Institute for Justice (IJ) partnered with…
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.
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.
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.
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.
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.
Inspired by France’s wine-growing regions, Nan Bailly’s father started Alexis Bailly Vineyard, Minnesota’s oldest operating farm winery, in 1973. Nan has continued her father’s legacy, making Minnesota wines with her vineyard’s grapes and other locally-sourced ingredients. She would like the freedom to offer new and greater varieties of blended wine to the public without worrying about an arbitrary limit on how many of her grapes crossed Minnesota’s border.
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.
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.
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.
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
In May 2014, Philadelphia police showed up unannounced at Markela’s home and tried to seize the home through civil forfeiture because her son had been caught selling a small amount of drugs outside the home. After a year of uncertainty, the city agreed to stop seizing people’s homes without warning and forcing people to give up their constitutional rights and kick out family members. Even better—Markela’s son was allowed back home.
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.
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.
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.
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.
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.
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.
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.
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.
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.”
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.
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.