IJ Pillar
Economic Liberty
IJ believes that all people have the right to earn an honest living in the occupation of their choice without arbitrary, unnecessary, or protectionist government interference.
IJ’s ability to achieve previously unheard-of wins for small-business owners has attracted national attention. For example, in 2013, the Los Angeles Times pointed to “a growing trend of successful ‘economic liberty’ cases championed by the Institute for Justice.” These victories have vindicated the rights of thousands of different entrepreneurs in roles as varied as day-care providers, food truck owners and wine makers. Our clients have ranged from entrepreneurs trying to support their families to immigrants pursuing the American dream to people with criminal histories doing their best to get back on their feet. Regardless of the occupation and the person, the rule of law IJ seeks is the same.
Through strategic litigation, research and public advocacy, IJ demonstrates not only that economic liberty is morally and practically important but that the right to economic liberty has a genuine basis in the text, history and original public meaning of the U.S. Constitution and should be rigorously enforced in our nation’s courts.
In addition to IJ’s litigation efforts, our attorneys and strategic research team continue to publish a wide variety of reports on issues relating to economic liberty. These reports have measured the scope and scale of occupational licensing barriers to entrepreneurship, examined the justifications for local and state restrictions on entrepreneurship, and even documented how private interests manage to strategically use the power of government to squelch competition. Academics and journalists across the country have cited these studies, helping to drive the public debate on the importance of economic liberty.
Through strategic litigation, research and public advocacy, IJ demonstrates not only that economic liberty is morally and practically important but that the right to economic liberty has a genuine basis in the text, history and original public meaning of the U.S. Constitution and state constitutions and should be rigorously enforced in our nation’s courts. The precedents we set through our work and the victories we achieve have already paved and will continue to pave the way for thousands of hard-working men and women to enter the workforce and provide for themselves and their families through honest enterprise.
Economic Liberty Issues
Braiding
The Institute for Justice fights to free natural hair braiders from licensing rules that can require many hours of cosmetology training unrelated to braiding. Through lawsuits and legislation, IJ has helped bring the number of states that fully exempt braiders from licensure to 38.
Cosmetology
Cosmetology is the study of beauty practices and includes styling hair, applying makeup, and providing nail care and skin care.
Food Freedom
All individuals have the right to produce, advertise, sell, procure, and consume the foods of their choice. IJ ensures they can use these rights to provide for themselves, their families, and their communities.
Fresh Start
A job is one of the best ways for people with criminal records not to re-offend. But strict occupational licensing requirements make it harder for people with…
Interior Design
Besides unconstitutionally censoring truthful commercial speech, “titling laws” serve as precursors to full-blown occupational licensure, which is the ultimate goal of a small faction within the interior…
Occupational Licensing
Occupational licenses, which are essentially permission slips from the government, routinely stand in the way of honest enterprise. Without these licenses, workers can face stiff fines or even risk jail time.
Transportation
Consumers and entrepreneurs, not government officials, should decide what transportation options are available.
Vending
IJ’s National Street Vending Initiative fights for the rights of all street vendors to earn an honest living.
Economic Liberty Cases
Economic Liberty | Education Entrepreneurship
Education Entrepreneur Fights for Her Innovative Hybrid School
Katy Duckstein runs a hybrid homeschool program in Pennsylvania, but the state wants to bury her in red tape.
Cosmetology | Economic Liberty
South Carolina Mobile Beauty
The Case Brandi Rosemond wants to run a mobile beauty salon. And she’s done everything you’d expect to get her business off the ground. She went to beauty school and learned…
Economic Liberty | Private Property | Small and Home-Based Business | Zoning Justice Project
Washington Physical Therapist Sues Leavenworth for the Right to Run a Small In-home Practice in Her Own Home
The town of Leavenworth, Wa. banned Nicole Bulow’s quiet, home-based physical therapy practice — while permitting nearly identical home businesses like massage therapy and salons. Now she's fighting back.
Economic Liberty
Texas Entrepreneur Fights a City’s Unconstitutional Dumpster Monopoly
The Texas Constitution forbids monopolies. So, a Waxahachie dumpster rental company is suing after the city granted a monopoly to a single national waste company.
Economic Liberty | Education Entrepreneurship | Occupational Licensing
Private School, Teacher, and Parent Fight for Integrity, Innovation, and the Century-Old Promise of Freedom
The Case When Capstone Classical Academy opened in Fargo, North Dakota, in 2022, its goal was simple: hire the best teachers possible. At first, the school focused on finding talented educators…
Economic Liberty News
Innovative Hybrid Homeschool Program Fights for the Right to Teach After Being Wrongly Labeled as a Childcare Center
PITTSBURGH—Katy Duckstein created Roots Academy to work with other homeschool parents to provide instruction and socialization. Operating in Pittsburgh’s northern suburbs, Roots is an innovative hybrid program that doesn’t fit into…
South Carolina Entrepreneur Files Lawsuit Challenging Irrational Ban on Mobile Beauty Services
GREENVILLE, S.C.—Brandi Rosemond is a former model born and raised in Greenville, whose dream is to operate a mobile beauty salon that travels the state. But in South Carolina many of…
Austin Councilmember, Public Interest Law Firm Applaud Austin’s New Microbusiness Resolution
AUSTIN, Texas—Last night, the Austin City Council passed a resolution to support microbusinesses in the city. Councilmember Vanessa Fuentes, one of the resolution’s sponsors, and the Institute…
New Illinois Law Allows Barbers and Cosmetologists to Learn and Earn
SPRINGFIELD, Ill.—A new Illinois law will allow residents to earn money while they are learning the skills necessary to become licensed barbers, cosmetologists, estheticians, braiders, or nail technicians. HB 3460,…
Virginia Counselor Wins Lawsuit Challenging District of Columbia’s Restrictions on Teletherapy Sessions
WASHINGTON—On Wednesday, the United States District Court for the District of Columbia struck down a D.C. law that barred therapists from other jurisdictions from doing online teletherapy visits with clients in D.C. The decision comes nearly six years…
Waxahachie Entrepreneur Sues City Over Unconstitutional Construction Dumpster Monopoly
AUSTIN, Texas—Today, Waxahachie small business owner Josh Roman and his company American AF Dumpster Rentals have joined with the Institute for Justice (IJ) to file a lawsuit challenging the…
Economic Liberty Legislation
Economic Liberty | Private Property | Zoning Justice Project
Restoring Options in Occupancy Models (ROOM) Act
Co-living or single-room occupancy (SRO) housing was once a common and lawful part of America’s housing landscape, from spare bedrooms and small boarding houses to large residential hotels in the city. Together, these rooms…
Cosmetology | Economic Liberty
Niche-Beauty Services Opportunity Act
Styling hair and applying makeup are simple and safe beauty practices that many people do every day. They also offer opportunities for people to start businesses—such as bridal hair and makeup businesses and blow-dry bars, which are growing in popularity. Unfortunately, states often create needless obstacles before people can…
Economic Liberty | Hair Braiding
Natural Hair Braiding Opportunity and Freedom Act
African-style hair braiding has been a safe and natural practice for centuries. Today, it provides opportunities for entrepreneurship, especially in African American and African immigrant communities, allowing people to share their cultural heritage, start businesses, and realize the American Dream. Natural hair braiding…
Economic Liberty | Private Property | Zoning Justice Project
Housing Opportunities Made Easier (HOME) Act
America’s housing shortage has many causes, but burdensome zoning laws make it harder for property owners to build homes and harder for families to find them. Scholars, state legislators, and municipal officials from different backgrounds increasingly agree that expanding housing supply requires…
Economic Liberty | Occupational Licensing
Universal Recognition
Occupational licensing affects nearly 1 in 5 American workers and can be a substantial barrier to interstate mobility. Workers do not lose their skills or experience when they cross state lines, but licensing…
Economic Liberty Research
Economic Liberty | Occupational Licensing
Licensing requirements and health inspection outcomes in nail salons and barbershops
Occupational licensing is justified on the grounds that it protects the public from incompetent or unscrupulous practitioners, ensuring public health and safety. This study tests the health and safety rationale for occupational licensing by…
Economic Liberty | Vending
Does the Growth of Food Trucks Threaten the Sustainability of Restaurants? Evidence From a Nationwide Analysis of U.S. Businesses
This article examines whether growth in the food truck sector in the United States harms restaurants, as restaurateurs and their allies often claim. Using 12 years of nationwide data in a dynamic panel data analysis,…
Economic Liberty Podcasts
October 10, 2024
Town Council Blocks Business for Causing...Competition?!?
In America, the government doesn’t get to pick winners and losers in the marketplace. Yet states and cities throughout the country block new business to […]
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