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…
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…
Ushaben used to thread part-time at the Threading Studio & Spa near New Orleans, often filling in for licensed estheticians when they were unable to work. But after state regulators ordered the business to terminate its unlicensed threaders, Ushaben is no longer permitted to thread in the studio.
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.
IJ client Cynthia Perry wants to send her daughter, Faith, to a private school in North Carolina, but she cannot afford the tuition on her own. She needs the financial lifeline of an Opportunity Scholarship.
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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Cristofaros were plaintiffs in the infamous Kelo v. New London lawsuit, when the city tried to take their house again. Since the ruling, Mike has become a national spokesperson for property owners fighting eminent domain abuse.
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.
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.
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.
Susette is the Kelo in Kelo v. New London. She led her neighbors in a seven-year battle to save their homes from being taken by the government for private development, culminating in the landmark U.S. Supreme Court decision in 2005.
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.
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.
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.
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.
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.