IJ Issue
Fines and Fees
IJ fights to stop taxation by citation and policing for profit.
As governments face budget shortfalls, they too often turn to fines and fees to bridge the gap. Instead of protecting residents, local governments invent bogus reasons to fine them and collect revenue. Travelers aren’t safe, either, as those temporarily passing through are also targets. Minor offenses—actual or imagined—serve as a pretext for outsized penalties. Often, those targeted cannot afford to pay or to fight back.
The Institute for Justice is the nation’s leader in litigating against abusive fines and fees. IJ represented Tyson Timbs in the U.S. Supreme Court’s landmark decision of Timbs v. Indiana, which held that the U.S. Constitution’s protection against excessive fines applies to state and local governments. Currently, IJ has returned to the Supreme Court to uphold that same excessive fines protection in Jouppi v. Alaska, a case where the government is seeking to forfeit an airplane because a passenger tried to carry a six-pack of beer to a dry county. IJ has represented individuals facing fines for harmless code violations like mismatched blinds, holes in screen doors, unpainted foundations, and not having curtains on basement windows. IJ has also filed class action lawsuits to fight enforcement systems that coerce individuals into agreeing to pay a fine before they even have a chance to see a judge.
Governmental “taxation by citation” creates conflicts of interest, warps law enforcement priorities, and violates the rights of ordinary Americans, especially those who don’t have the means to defend themselves in court.
Simply put, law enforcement must serve and protect, not ticket and collect.
Code Enforcement
Too many cities have weaponized their municipal codes, giving them an excuse to harass and fine innocent homeowners.
Speed Traps and Impound Rackets
By aggressively enforcing traffic laws, local government can generate revenue from ticketing drivers and impounding their cars.
Excessive Fines Clause
The Eighth Amendment’s ban on imposing “excessive fines” is a vital constitutional protection.
Model Legislation
Model Fines and Fees Reporting Act
Curbing taxation by citation starts by collecting data. This model legislation creates a publicly-available reporting system that tracks all fines and fees activity.
Model Driver’s License Suspensions and Revocations Act
Suspending and revoking licenses to collect court debt is a harmful public policy that affects 11 million Americans. Losing a license, even temporarily, jeopardizes a person’s ability to support themselves and their family.
Model Fines and Fees at Sentencing Act
This model legislation requires courts to consider an offenders ability to pay before imposing sentences that include fines and fees. It also offers the option to perform community service or use payment plans.
Rule of Law Issues
Fines and Fees
IJ fights to stop taxation by citation and policing for profit.
Project on Immunity and Accountability
IJ combats legal doctrines that stand in the way of meaningful accountability for government mistakes and misconduct.
Unjust Proceedings
IJ fights to ensure that individuals targeted for fines, forfeitures, or other government penalties get a fair trial in a real court.
Warrantless Surveillance
IJ fights government surveillance programs that gather private information about the ordinary activities of innocent people.
Fines and Fees Cases
Fines and Fees | Private Property | Rule of Law
The 9th U.S. Circuit Court of Appeals will decide whether the government’s fining a retiree out of his life’s savings for a paperwork violation is an “excessive fine.”
Eighty-eight-year-old retiree Tuncay Saydam is at risk of losing his life’s savings. Not because of a bad investment or a fraudulent scheme. Rather, the federal government is trying to fine Tuncay…
Fines and Fees | Rule of Law
Alaska Pilot Asks U.S. Supreme Court to Stop State from Taking His $95,000 Airplane for Passenger’s Beer
The Case April 3rd, 2012, began like any other day for Ken Jouppi, a longtime bush pilot in Alaska. He was scheduled to fly a passenger and her groceries from Fairbanks…
Code Enforcement | Fines and Fees | Private Property | Private Solutions to Public Problems | Zoning Justice Project
Albuquerque Bookstore Owner Partners with IJ to Defend Right to Provide Safe, Private Shelter
Gil Kerley, owner of Quirky Used Books & More in Albuquerque, New Mexico, sought to address the city’s worsening homelessness crisis by providing a safe and private space for homeless people…
Fines and Fees | Private Property | Rule of Law
Santa Clara Winery Sues to End Unconstitutional Zoning Code Fines
Owners of a historic vineyard and winery provided safe, affordable housing for their long-time employee and his family. For that, they have been fined more than $120,000.
Fines and Fees | Private Property | Rule of Law
California County Caught Fining Innocent Homeowners $10,000 Per Day for Offenses They Did Not Commit
In Humboldt County, the government issues ruinous fines for things people didn’t do because it doesn’t bother to investigate. Innocent landowners then have to appeal the fines to prove their innocence…
Fines and Fees News
Victory! Humboldt County Settles Landmark Lawsuit, Ending Ruinous Fine System That Punished Innocent California Homeowners
Five Humboldt County property owners, represented by the Institute for Justice (IJ), have reached a settlement with Humboldt County that dismantles the code-enforcement system the county used to hit innocent…
Victory! Illinois Village Agrees to Let Laura’s Garden Grow After IJ Letter
The village of Millstadt, Illinois will not be pursuing enforcement action against gardener Laura Schaefer after the Institute for Justice (IJ) sent a letter informing them that any such action would be illegal under the Illinois Garden Act.
Illinois Village Orders Woman to Destroy Garden, a Violation of the State’s Right-to-Garden Law
ARLINGTON, Va.—Laura Schaefer knows the difference between a weed and a desirable plant. A botany instructor with decades of experience, Laura has spent more than five years transforming a set of vacant lots…
San Francisco Retiree Fights Against the IRS’s Excessive Fine that Will Drain His Life Savings
SAN FRANCISCO—The IRS wants to take most of the life savings of Tuncay Saydam, an 88-year-old retired professor. More than $400,000. Not because Tuncay did not pay his taxes, but because…
Supreme Court to Hear Family Farm’s Case Challenging Agency Court that Acts as Prosecutor, Judge and Jury
WASHINGTON—The U.S. Supreme Court will consider a lawsuit challenging the constitutionality of courts where agency employees serve as prosecutor, judge, and jury. The government petitioned for certiorari after a panel of…
Small Kentucky Farm Fights Federal Government for a Fair Trial
LEXINGTON, Ky.—In a landmark decision, the U.S. Supreme Court ruled in 2024 that the government must provide businesses with a jury trial in a real court when it seeks to impose…
Fines and Fees Legislation
Fines and Fees | Private Property
Fair Funding for Courts Act
The justice system is a core government function that benefits all Americans. State legislators should fund courts from general revenue, not from individuals involved in the system. Fees charged to users of the judicial system are hidden taxes that cause numerous problems. …
Fines and Fees
Fines and Fees Reporting Act
Most municipalities allow law or code enforcement officers to cite residents for violations that may result in fines. Unfortunately, some use this power to generate revenue rather than solely to protect public safety and…
Fines and Fees
Driver’s License Suspensions and Revocations
Eleven million Americans face the suspension of driving privileges because of unpaid fines and fees. Suspending and revoking licenses for the collection of court debt, and not violations…
Fines and Fees
Fines and Fees at Sentencing Act
Fines and fees are a routine feature of criminal sentences. Many courts, however, fail to consider an offender’s ability to pay before assessing them. In fact, offenders often are ordered to pay fines and fees beyond their means. If…
Fines and Fees Research
Code Enforcement | Fines and Fees | Private Property
Are Municipal Fines and Fees Tools of Stategraft?
Most, if not all, incorporated communities in the United States have municipal and traffic codes that delineate the powers and duties of local governments or provide rules and regulations for public activity in the…
Code Enforcement | Fines and Fees | Private Property
A Case Study of Municipal Taxation by Citation
This study examines taxation by citation—local governments using code enforcement and the justice system to raise revenue rather than solely to advance public health and safety. It does so through a detailed case study of…