After police had a ten-hour standoff with an empty house—eventually destroying everything inside—a court ruled there wasn’t anything they could do about it. Now the Institute for Justice is launching a new project to ask the courts to reexamine doctrines giving government officials broad immunity from accountability
If you tell police they can go into your home, does that mean they can also legally stand outside and pepper it with shotgun-fired tear gas grenades—destroying everything inside? That is the question asked by a petition to the Supreme Court of the United States filed today by the Institute for Justice (IJ) on behalf…
DEA seized more than $82,000 from retiree’s daughter as she traveled through the Pittsburgh airport
PITTSBURGH—Terry Rolin’s life savings of $82,373 were seized by the federal government even though he has not been charged with any crime. In fact, his daughter was doing something completely legal—flying domestically with cash—when the Drug Enforcement Administration (DEA) seized the money in August 2019 at the Pittsburgh International Airport. Today, Terry and his daughter…
Pottstown Renters Score Major Win In Challenge To Unconstitutional Rental Inspections
Pottstown, Penn.—This morning, the Commonwealth Court of Pennsylvania issued an opinion vacating and remanding a lower court’s ruling in favor of Pottstown in a lawsuit challenging the borough’s rental inspection ordinance. This law allows the borough to enter residents’ homes without cause and without the residents’ consent. The Court also reversed the trial court’s orders…
The New Jersey Assembly unanimously passed a bill late Monday that would shine a light on “civil forfeiture,” which lets law enforcement seize property without ever charging the owner with a crime. In New Jersey, once property is forfeited, the government can then keep up to 100% of the proceeds, creating a perverse incentive to…
PHILADELPHIA—Today, a three-judge panel of the Commonwealth Court of Pennsylvania denied the Cosmetology Board’s motion to dismiss a lawsuit filed by two Philadelphia-area women who want to end an unconstitutional requirement that stands in the way of their careers. The Board used Courtney Haveman’s and Amanda Spillane’s past legal problems to deny them the right…
Lawsuit maintaining that the Legislature ignored the state’s Constitution to reduce support for educational choice will proceed
Las Vegas, Nev.—Today, Clark County District Court Judge Rob Bare handed Nevada families a first-round win in their constitutional challenge to a 2019 law that eliminated the automatic annual increase in the amount of tax credits available for donors to the Nevada Educational Choice Scholarship Program. Attorneys for the state were seeking to dismiss the…
Institute for Justice Partners with Engineer to Challenge Law Requiring Engineers to Obtain License to Call Themselves Engineers or to Be Entrepreneurs
From satellites in space to circuits for flashlights, Greg Mills has spent his entire career working as an engineer designing and building electronics. But earlier this year, a group of industry insiders sitting on a government board abruptly put Greg’s career on ice. Now he’s fighting back. Greg’s resume reads like a veritable who’s-who of…
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.
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.
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.
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.
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.
In September 2015, Tammy Holland took out two ads in her local Colorado newspaper to alert readers to upcoming school-board elections. For that simple act of civic engagement, Tammy was sued—twice—by incumbent school board members who didn’t appreciate the publicity. Tammy teamed up with IJ to challenge Colorado’s abuse-prone system of enforcing private campaign-finance complaints. In June 2018, a federal court sided with Tammy and declared Colorado’s system unconstitutional under the First Amendment.
IJ client Dr. Ben Burris is an Arkansas orthodontist who wants to offer low-cost teeth cleanings to people who cannot otherwise afford them. But it is illegal for him to perform basic dental services, even though he is a licensed dentist.
John Heiderich and Gwendolyn Lee, have owned and operated rental properties in Seattle for more than forty years. They are unwilling to let the city intrude into their tenant’s home and are committed to helping their tenant protect her constitutional rights.
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.
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.”
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.
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.
Whitworth University Young Americans for Freedom Chapter (WU-YAF) has members who are eligible for the State Work-Study Program, but some of their desired employers are considered ineligible because they are “sectarian.”
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.
Ilumi has worked with children since she came to the U.S. from the Dominican Republic in 1995. Although she has a Child Development Associate credential (“CDA”) and was trained as a lawyer in her home country, Ilumi does not have the associate’s degree now required under District of Columbia’s new regulations.
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.
Founded in 2011, ROSE is an Atlanta-based, nonprofit organization that works to increase access to breastfeeding support and improve healthcare equity among African-American communities in Georgia and around the country.
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.
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.
Michael Jensen would like Dr. Birchansky to perform his next needed eye surgery at the outpatient center next to Dr. Birchansky’s office because it is a safe, less costly, convenient, and familiar environment. Unfortunately Iowa’s CON law is denying him that choice.
Corban Addison Klug (writing under the pen name “Corban Addison”) has published four novels and works out of his home in Charlottesville, Virginia. But Charlottesville and Albemarle County require a business license to write novels, and they have assessed thousands of dollars in back taxes against Corban and other hardworking freelance writers.
Hilda Brucker was sitting at home one day working her job as a freelance writer. The phone rang, she answered, and was told by a hostile voice that if she didn’t come down to the courthouse at once she would be given a failure to appear violation. She hastily complied. When she got there, she found out that the city had issued a citation, although it had never told her about it. She later learned the citation stated she was charged with (1) “Rotted wood on house and chipping paint on fascia boards”; (2) “High weeds in backyard and ivy on tree and vines on house”; and (3) “Driveway in a state of disrepair.” Not knowing what to do, Hilda pled guilty to the driveway charge, while the other two were dismissed. She paid a fine of $100 and was sentenced to six months probation, where she had to report to a probation officer, avoid alcoholic intoxication, and cooperate “with code enforcement upon request.” She later hired an attorney who filed a motion to vacate her sentence, but the motion was continued several times, eventually being granted only after her six-month probation would have already ended. She also obtained a home equity line of credit in case she needed to pay for any of the fixes that the city nebulously demanded.
Chip owns Live Oak Brewing, based in Austin, Texas. Established in 1997, Live Oak has been brewing craft beer long before its current surge in popularity. Now he is fighting a Texas law that forces craft brewers to give up millions of dollars of valuable property to politically connected beer distributors.
For decades, Isis Brantley has fought for her right to braid hair and to pass on her knowledge to others. She successfully sued the state of Texas after it attempted to force her to turn her braiding school into a barber college.
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.
Dale Sorcher has cared for infants and toddlers at a Jewish day care on and off since 1996 and holds two masters degrees, one in social work and one in expressive therapy. Unfortunately, under a new regulation in the District of Columbia, her experience does not qualify her to keep her job.
Under Gramite City, Illinois’ ordinance, private landlords are required to evict tenants if any member of the tenant’s household commits a crime anywhere, even if, as in Jessica and Kenny’s case, the actual criminal no longer lives in the house.