Economic Liberty Cases
Economic Liberty | Private Property | Small and Home-Based Business | Zoning Justice Project
Home day care provider sues city after officials shut her down over complaints from golfers
Bianca King is a single mother with two young children. Until recently, she was able to raise her 2-and 4-year-old kids while making a living running a small day care out of her home. But on Feb. 9, city officials—citing concerns of a group of nearby golfers (including former Mayor Joe Bain) that they could hear and see children playing in her backyard—shut her down. Today, she joined forces with the Institute for Justice (IJ) to file a lawsuit in state court challenging Lakeway’s near total ban on running a home business.
Economic Liberty | Private Property | Small and Home-Based Business | Zoning Justice Project
Mechanic Challenges City of Pasadena's Mandatory Parking Minimum
Azael Sepulveda recently purchased a new mechanic shop, but the city of Pasadena will not let him open until he provides 28 parking spaces, which he does not need. Azael has partnered with IJ to challenge is unconstitutional parking minimum.
Economic Liberty | Fresh Start | Occupational Licensing
Aspiring Addiction Counselor Sues to End Virginia’s Past-Conviction Discrimination
Rudy Carey wants to help people overcome addiction through counseling, but Virginia has decided he cannot do so because he has a prior criminal conviction. The Constitution protects Rudy’s right to earn an honest living, which is why he has partnered with IJ to challenge Virginia’s law that bars him from doing so.
Economic Liberty | First Amendment | Occupational Licensing | Occupational Speech
Joshua Gray criticized the police—so they denied him an occupational license
Joshua Gray, a private investigator, wanted to expand his business into his home state of Maine. In violation of his First Amendment rights, the state denied his request for a license, because he has criticized police practices. In September of 2021, IJ asked the Supreme Court to hear Joshua’s case.
Economic Liberty | First Amendment | Occupational Licensing | Occupational Speech
North Carolina Board Tells Retired Engineer He Can’t Talk About Engineering
Wayne Nutt is a retired engineer who still talks about engineering and wanted to testify as an expert witness in a case that involved engineering issues. The state of North Carolina argued Wayne’s testimony was illegal because he didn’t have a license. This violates his First Amendment rights, which is why Wayne is working with IJ to fight back.
Economic Liberty | Vending
Food-Truck Owners Battle City’s Anti-Competitive Ordinance
Tarpon Springs, Florida bans food trucks from operating in the downtown area, unless the owner also has a brick-and-mortar restaurant. The owners of one food truck are working with IJ to fight for their right to earn an honest living.
Economic Liberty | Eminent Domain | Private Property
Family-Owned Hardware Store Sues Long Island Town Trying to Take Away their Property
The Brinkmann family owns hardware stores in Long Island and purchased property with the hope of opening a new store. The town now wants to take the land through eminent domain, simply because they don’t want another store. With the help of IJ, the Brinkmanns are fighting back against this unconstitutional tactic.
Economic Liberty | First Amendment | Occupational Licensing | Occupational Speech
Virginia therapist launches a second First Amendment challenge to protect the right to practice talk therapy online across state lines
Elizabeth Brokamp uses talk therapy to help people improve their lives. When one of her clients relocated to New York she was able to continue speaking with the client online. She’s licensed in Virginia, where she lives, but now New York is demanding she get a license there as well. Elizabeth and IJ partnered to challenge this unnecessary and unreasonable burden.
Economic Liberty | First Amendment | Occupational Licensing
North Carolina’s Surveying Board Grounds Small-Business Drone Operators
Michael Jones uses his drone to take photos for clients, but North Carolina argues that in doing so he’s practicing “land surveying” and needs a license. However, that’s not at all what he’s doing and he has partnered with IJ to defend the First Amendment rights of all North Carolinians to share information.
Economic Liberty | Transportation
Jordanian Immigrant Fights Back Against Colorado’s Transportation Monopolies
Abdallah Batayneh opened a shuttle company in Colorado with the goal of providing more affordable rides. But entrenched businesses got the government to use a “certificate of need” law to ban him from opening. Abdallah is working with IJ so he can open his business and provide competition in the industry.
Economic Liberty
Marcus & Millichap Real Estate Investment Services of Nevada, Inc. v. Chandra
In an appeal filed in February 2021, the Institute for Justice is asking the U.S. Supreme Court to examine the question of whether federal judges have unfettered discretion to unilaterally inject their own arguments or legal theories into cases where state action is challenged and reaffirm that the federal courts cannot act as advocates for the state.
Economic Liberty | Food Freedom
Wisconsin Cottage Foods II
Wisconsin bans the sale of many homemade foods, including common and shelf-stable foods like candies, chocolates, granola and roasted coffee beans. Seven Wisconsinites have joined with IJ to challenge the state’s arbitrary law.
Cosmetology | Economic Liberty | Occupational Licensing
Oklahoma Eyebrow Threaders File Lawsuit Against Irrational Licensing Requirement
Oklahoma requires eyebrow threaders to spend 600 hours learning skills that have nothing to do with eyebrow threading. This useless regulation prevents people from earning an honest living, which is why two eyebrow threaders have joined with IJ to fight back.
Economic Liberty | First Amendment | Occupational Licensing | Occupational Speech
First Amendment Lawsuit Seeks to Protect the Right to Practice Talk Therapy Across State Lines
Elizabeth Brokamp uses talk therapy to help people improve their lives. She’s licensed in Virginia, where she lives, near the border with D.C. But D.C. will not let her see clients online who she could normally meet with in her Virginia office. Elizabeth and IJ partnered to challenge this unnecessary and unreasonable burden.
Economic Liberty | Private Property | Small and Home-Based Business | Zoning Justice Project
IJ Takes on the Fight for Owners’ “Right to Rent” in Wilmington, N.C.
Dennis and Peg Schroeder have invested substantial money in their home and chose to rent it out as part of their retirement plan. The city of Wilmington is trying to deprive them of their right to rent their own property. Dennis and Peg are standing up for their property rights, with IJ’s help.
Economic Liberty | First Amendment
Lawsuit Challenges Ca. Funeral Directors’ Monopoly on End-of-Life Care
Akhila Murphy and Donna Peizer are end of life doulas – they offer families assistance during at-home funerals. They don’t direct funerals, but California has argued they are acting as unlicensed funeral directors. With the help of IJ, Akhila and Donna are fighting for their right to help families with emotional and practical support during at-home funerals.
Economic Liberty | Fresh Start | Occupational Licensing
California Firefighter Fresh Start
Dario Gurrola is a part-time firefighter who wants to turn his passion into a full-time job. But California prevents him from getting an EMT license because of a prior criminal conviction for which he’s already paid his debt to society. Dario and another firefighter named Fernando have joined with IJ to fight for their right to earn an honest living.
Economic Liberty | Health
Montana Bans Doctors from Offering Medications to Their Patients Just to Protect Pharmacies from Competition
The vast majority of states allow patients to purchase medications directly from their prescribing doctor. For years, this practice was banned in Montana, until IJ stepped in to challenge the law and lawmakers immediately moved to end the ban.
Economic Liberty | Food Freedom
Lincoln Home Baker Challenges City’s Unnecessary Regulations
Lincoln, Nebraska imposed restrictions on home bakers that the state itself decided to get rid of. One home baker named Cindy Baker teamed up with IJ to successfully challenge Lincoln’s foolish restriction.
Economic Liberty | Occupational Licensing
Utah Private Investigators
Jeremy Barnes is a former police officer who runs his own private investigator company in Idaho, near the Utah border. Utah has prevented Jeremy from earning an honest living because he lives three minutes across the border. The Constitution is clear that states cannot discriminate against residents of other states.
Economic Liberty
Nebraska law requires business owner to get his competitors’ permission in order to transport patients
Marc is allowed to drive customers to the grocery store, but if he wants to drive them to the pharmacy or a routine doctor’s appointment, he needs permission from his competitors. This nonsensical rule hurts both Marc and his patients, but he’s fighting back, with IJ’s help.
Economic Liberty | Health
North Carolina Ophthalmologist Challenges Outdated Certificate of Need (“CON”) Law
The government should never prevent doctors from safely providing affordable health care services their patients need. But that’s exactly what North Carolina, along with 34 other states, do every day. Dr. Jay Singleton is working with IJ to challenge North Carolina’s foolish certificate of need law.
Economic Liberty | Food Freedom | Private Solutions to Public Problems
Neighbors Challenge County’s Burdensome Regulations on Little Free Pantries
Thanks to a lawsuit she filed with IJ, Kathy Hay can now share food with her neighbors in Asotin County, Washington, using a “little free pantry” in her backyard. Before the lawsuit, Kathy wasn’t allowed to use the little blue cupboard in her backyard to help feed members of her impoverished community without obtaining government approval and following a list of unnecessary demands from the county health department.
Economic Liberty | Food Freedom
North Dakota Food Freedom
Five North Dakotans teamed up with IJ to sue the Department of Health for illegally passing regulations on selling homemade baked goods. Now, North Dakota is again one of the best states in the country for food freedom.
Economic Liberty | First Amendment | Occupational Licensing
Lawsuit Challenges Arizona Engineering Licensing Law
Greg Mills has been an engineer for more than 30 years, but now a group of industry insiders on a government board are saying he needs a license he does not actually need. IJ and Greg are appealing a lower court’s decision that said Greg must endure a lengthy administrative process before he can assert his constitutional rights in court.
Economic Liberty | Health
Nepali Immigrants Sue Kentucky Over Law That Stopped Them from Opening a Home Health Care Business
Two Nepali immigrants wanted to open a home health care business to help people in their community, but Kentucky law let their potential competitors stop them from opening up. The two have teamed up with IJ to challenge Kentucky’s foolish CON law in federal court.
Economic Liberty
Attorneys Petition for Reduced Burden in Licensing of Lawyers
After a successful petition from IJ, the Minnesota Supreme Court decided to ease licensing requirements on attorneys in Minnesota. This was a victory for all attorneys, giving them more flexibility regarding how they earn credits toward their license.
Economic Liberty | Health
Texas Bans Doctors from Offering Medication to Their Patients Just to Protect Pharmacies from Competition
In most states, patients can purchase medication directly from the doctor prescribing it. But in Texas, doctors are banned from dispensing unless they practice in certain “rural” areas more than 15 miles from a pharmacy—a condition that prevents the overwhelming majority of Texas doctors from providing this beneficial service. Dr. Michael Garrett has teamed up with IJ to push back against this unconstitutional ban.
Economic Liberty | Hair Braiding | Occupational Licensing
Louisiana Hair Braiders Fight For Right To Earn An Honest Living
Hair-braiders in Louisiana are required to complete 500 hours of unnecessary and irrelevant training, pass an exam and pay annual licensing fees just to do their job. Many hair braiders have moved to neighboring states, but one braiders has joined forces with IJ to end this unconstitutional licensing scheme.
Economic Liberty | Health
Indiana Bans Online Eye Tests to Protect Established Businesses from Competition
Indiana bans healthcare providers from conducting online eye tests, to protect established businesses from competition.