Lincoln, Neb.—Homemade food producers will soon be free to sell their goods within Lincoln without being forced to follow burdensome regulations by the city. Under an amended ordinance, set to take effect on March 15, cottage food producers registered under LB 304 simply have to register with the city, and inspections are only allowed under…
Adam Shelton | Center for Judicial Engagement | March 5, 2021
How would you like to lose? Earlier this week, the Supreme Court heard oral arguments in Carr v. Saul—an administrative law case that asks whether “issue exhaustion” required individuals to raise their Appointments Clause challenge to the appointment of Social Security Administration (SSA) Administrative Law Judges (ALJs) to the ALJs themselves before raising it in…
Lawsuit argues that when the police “break it,” they must “buy it.”
McKinney, Tex.—Last summer, Vicki Baker woke up one morning to every homeowner’s worst nightmare: the night before, a fugitive had taken refuge in her second home, and after a standoff, the police SWAT team used tear gas grenades, explosives and an armored vehicle to utterly destroy the home. They called it “shock and awe.” The…
Arlington, Virginia—This spring, the U.S. Supreme Court will consider whether to grant review in Oliva v. Nivar, a police accountability case. If review is denied, more than 20,000 federal police in Texas, Mississippi and Louisiana will be free to violate the Constitution, no matter how egregious their conduct. José Oliva is a Vietnam veteran with…
Would you want the government to collect and potentially share your name and address with those who hate what you stand for?
Institute for Justice files amicus brief to protect donor privacy Arlington, Virginia—Imagine being a supporter of Planned Parenthood living in the Bible Belt, or a supporter of the NRA living in San Francisco. Would you want your identity disclosed to government officials who might misuse that information or allow it to be leaked to the…
NYC Buildings Dept. levied $11,000 in fines on Queens homeowner for building a pigeon coop. Now he is fighting back.
In 2016, Queens homeowner Joe Corsini came home to find a piece of paper on his door. It was a notice from the city. He was being fined $3,000 because he moved his pigeon coop from his backyard to his roof and didn’t realize he needed a building permit. Joe was frustrated, but not deterred.…
Arlington, Va.—Rep. Ayanna Pressley (D-MA) reintroduced the Ending Qualified Immunity Act today, a bill that would make it much easier for individuals to sue government employees who violate their constitutional rights. The Institute for Justice is proud to endorse this bill as an important and long overdue solution for fixing the problem with government accountability that…
Flor Morency is the mother of twin children, a boy and a girl, who have received scholarships through Nevada’s program. But in July, Morency was told that her children could no longer receive a scholarship because a new state law made it statistically impossible to grant scholarships to all renewing students.
Doug and Mary Ketchum moved to Tennessee to purchase an historic liquor store that would let them take care of their 32-year-old daughter, Stacie, who suffers from cerebral palsy. But they can’t get a liquor license, thanks to the state’s strict residency requirements.
Michael Peticolas owns Peticolas Brewing, located in an industrial neighborhood near downtown Dallas. In 2013, Texas passed a law that prohibits brewers from negotiating with distributors for the value of their territorial rights. Instead, the law forces brewers to give those rights away for free. That jeopardizes his plans to expand into other parts of Texas.
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.
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.
Lisa 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.
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.
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.
Spencer Byrd, a Chicago resident and part-time auto mechanic, who had his car impounded after he gave a client ride who got arrested for drugs. A Cook County Circuit Court judge ordered that his car be returned, but Chicago will not release Spencer’s car until he pays all of the towing and storage fees—more than $17,000.
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.
Linda Cameron has been living in the same Richland, Washington home for nearly 40 years. After consulting with a builder, Linda decided to turn her outdated carport into a garage and add a second bedroom and bathroom. But Richland won’t give her a building permit unless she pays over $60,000 in “impact fees.”
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.
After completing his military service as an Army Ranger, Jon McGlothian of Virginia Beach, Va., became a PMP-certified project manager. But Jon can’t advertise to the public or take on individual students because his school isn’t licensed by the State Council of Higher Education for Virginia.
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.
John Hart is a New York Times bestselling author who has won several awards for his character-driven, literary thrillers. A former defense attorney and stockbroker, John lives on a farm in Virginia where he writes full-time. 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.
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.
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.
On May 11, 2015, Miladis Salgado returned home to find her life turned upside down. While she was at work, police raided her home and seized her entire life savings—$15,000 in cash—based on a tip that her estranged husband was dealing drugs. He wasn’t, but that didn’t stop the Drug Enforcement Agency (DEA) from attempting to keep Miladis’s money forever.
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.
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.
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.
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.
Mats Järlström is a Swedish-born electronics engineer and has the equivalent of a Bachelor of Science in electrical engineering. After his wife received a ticket based on a red-light camera in Beaverton, Oregon, Mats began criticizing the math behind red-light cameras. But Oregon’s engineer-licensing board considered Mats’ traffic-light critiques to be the unlicensed practice of engineering and fined him $500.
The bluffs overlooking the Susquehanna River in Pennsylvania’s Lancaster County, have for centuries been “a region noted for the grandeur and beauty of its landscape scenery.” Those same qualities attracted Gary and Michelle Erb in 2008. The Erbs purchased a 72-acre tract of land, about a mile east of the Susquehanna, and built their dream home.
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.
David and Ellen Keith have lived in Pleasant Ridge since the 1970s, and a daughter, a granddaughter and even two great-grandchildren live next door. But if forced out, they will be left nearly destitute in their retirement.
IJ client Elmer Kilian has been preparing taxes for the past 30 years on his dining room table. He fought and successfully defended his right to earn an honest living without getting permission from the IRS.
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.