Miladis Salgado luchó con éxito para recuperar el dinero de la quinceañera de su hija, pero ahora el gobierno se niega a pagar los honorarios de su abogado
MIAMI—El 11 de mayo de 2015, Miladis Salgado regresó a su casa y descubrió que su vida tuvo un giro inesperado. Mientras ella estaba trabajando, la policía ingresó a su casa y confiscó sus ahorros de toda la vida—$15.000 en efectivo que ella estaba ahorrando para la quinceañera de su hija—a partir de información de…
Late yesterday, Governor Phil Murphy signed a bill (A4970) that will require a criminal conviction before civil forfeiture. Unlike criminal forfeiture, civil forfeiture typically allows the government to take and keep property without charging anyone with a crime. Thanks to the governor’s signature, New Jersey is now the 16th state with a conviction prerequisite to…
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…
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.
Dan Staackmann is the founder and president of Upton’s Naturals, an independently-owned, ethical vegan food company based in Chicago. Mississippi’s ban on using “veggie burgers” and other meat terms in their labeling will have a devastating effect on companies like Upton’s Naturals.
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.
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.
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.
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.
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.
Sage Lewis pioneered an innovative community for the homeless on his commercial property at 15 Broad Street in Akron, Ohio. His nonprofit, The Homeless Charity, provides tents, food, showers, computers, and other resources to 44 residents. But Akron is trying to eliminate his work through the city’s zoning code.
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.
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.
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.
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.
Sung Cho owns and operates Super Laundromat and Drycleaners, one of the largest laundromats in Manhattan. Sung could be evicted, and his business closed, simply because his business was the site of a crime. The identity of the criminals was beside the point.
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.
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.
Kim Billups turned her lifelong passion for history into a fun tourism business called Charleston Belle Tours, where Kim could give in-character tours of the major sites in Charleston, SC in full period regalia.
A registered nurse and grandmother from Katy, Texas, Anthonia had over $40,000 in cash seized by U.S. Customs and Border Protection. She was heading to Nigeria and planned to use the money to help family and to built a new medical clinic. Anthonia is now the lead plaintiff in a class action lawsuit against CBP’s policies of seizing cash and demanding owners waive away their constitutional rights to recover their money.
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.
After working in the food service industry for several years, Troy King purchased his first food truck in 2014—a gourmet chicken food truck called Pollo. But in September 2016, Troy was operating Pollo in downtown Louisville when a city inspector threatened to issue a citation and tow his truck simply because Troy was serving customers within 150 feet a restaurant that also serves chicken. Troy was forced to abandon his vending location and his customers.
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.
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.
Iowa’s certificate-of-need requirement prevents Michael Driesen and his children from receiving future ENT surgeries from Korver ENT because Korver ENT cannot open its proposed surgery center before obtaining a certificate of need.
Lyndon McLellan has spent more than a decade running L&M Convenience Mart in rural North Carolina. Then, without any warning, agents from the IRS seized his entire bank account, totaling more than $107,000.
Since 2014, Michelle has owned and operated her two food trucks in and around Wilmington, North Carolina: Momma Rock’s Dessert Truck specializes in event catering while T’Geaux Boys—a nod to Michelle’s Louisiana roots—operates as a more traditional food truck.
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.
Growing up in the Ivory Coast, Lynn Schofield learned to braid from her family. When Lynn moved to Louisiana, she opened her own braiding salon that once had more than 20 employees. But that all changed in 2003, when the Board began requiring braiders to obtain a license.
Josefina Lozano immigrated to the U.S. from Mexico as a child and has run her own real estate investing business since 1984. She purchased two multi-family properties in Zion, Illinois and has been renting them out for decades. Josefina is unwilling to make her tenants give up their constitutional rights, even though the city government is threatening massive fines.
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.
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.