Justin Pearson is the Institute’s Florida Office Managing Attorney and also directs IJ’s National Street Vending Initiative. Justin has devoted his career to vindicating the constitutional rights of small-business owners, and he has victoriously litigated on their behalf in trial and appellate courts across the nation.
Justin often wins in novel ways. He was lead counsel in a federal appellate court victory vindicating the right of a Florida dairy creamery to tell the truth on its labels, which was the first victorious First Amendment challenge to a food definition in U.S. history. His victory against Fort Pierce’s food truck ban included obtaining what is believed to be the first preliminary injunction ever issued in U.S. history in an economic liberty case applying the rational basis test. And his win against Little Rock’s ban on taxi competition was based on a provision in the Arkansas Constitution that had not been successfully relied upon for over half a century.
In addition to litigation, Justin has testified to Florida Senate and House committees dozens of times, and provisions suggested by Justin have been enacted into law. The successful bills signed into law that Justin has actively supported (and often personally drafted) have included occupational licensing reform, food truck reform, cottage food reform, fresh start reform, home-based business reform, repeals of certificate-of-need (CON) requirements, and civil forfeiture reform.
Justin’s work has appeared in countless media outlets, and Justin has spoken to scores of law schools and attorney organizations across the nation. The law schools that have hosted Justin’s talks include Yale, the University of Chicago, Duke, NYU, Cornell, Notre Dame, and the University of Michigan, among many others.
Prior to joining IJ, Justin founded and managed his own law practice to advocate for small-business owners, and Justin’s law practice was successful for many years before he made the decision to join IJ in 2012 to better fight against government power gone awry.
Justin received his law degree with honors from the University of Miami in 2002, where he was the Research and Writing Editor for, and was published in, the University of Miami Business Law Review. Justin received his undergraduate degree in business management from North Carolina State University. Justin has been honored by the Daily Business Review and Law.com for being one of South Florida’s “Most Effective Lawyers.”
Justin's Cases
Economic Liberty | First Amendment | First Amendment Retaliation | Immunity and Accountability | Other Property Rights Abuses | Private Property
Virginia food truck owners file federal lawsuit after raging town councilmember damaged truck, town council repeatedly harassed them
Theslet Benoir and Clemene Bastien are a married couple that immigrated to the United States from Haiti in 2005. They received asylum, settled in Parksley, Virginia, and opened a brick-and-mortar store that caters to the…
Commercial Speech | First Amendment | Food Freedom
Lawsuit seeks to strike down regulations that prevent businesses from truthfully labeling products
The First Amendment does not allow the government to decide which facts consumers are allowed to know. Yet the federal government is preventing tens of millions of Americans with sensitive stomachs from receiving the information…
Economic Liberty | First Amendment | Private Property | Vending
Small business owners sue to strike down Jacksonville regulations effectively banning food trucks from city
Jacksonville, North Carolina effectively bans food trucks from operating in 96 percent of the city. That's why a group of small business owners has teamed up with the Institute for Justice to file a lawsuit…
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…
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…
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…
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.
Commercial Speech | First Amendment | Food Freedom
Oklahoma requires vegan products to rewrite their labels to the meat lobby’s satisfaction
Oklahoma requires plant-based meat products to include a massive disclaimer on their label, similar to that seen on tobacco products. IJ is challenging this foolish regulation that does nothing to promote public safety and also…
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…
Civil Forfeiture | Private Property
Miami Woman Appeals to the Supreme Court to Get Back Every Dollar Federal Agents Wrongly Took From Her
Miladis Salgado returned home one day to find the DEA had seized her life savings, even though she did nothing wrong. Her money was eventually given back to her, but the government should not be…
Commercial Speech | First Amendment | Food Freedom
Mississippi Makes Selling “Veggie Burgers” a Crime
In 2019, after lobbying from the meat industry, Mississippi banned plant-based burgers from using meat-related words, such as burger or hotdog, in their marketing. IJ stepped in to represent plant-based companies in a First Amendment…
Food Truck Owners Challenge One of the Most Anti-Competitive Vending Restrictions in the Country
Fort Pierce, Florida used to have an incredibly restrictive rule that banned food trucks from operating within 500 feet of a brick-and-mortar restaurant. After two food truck operators partnered with IJ, a court ruled the…
Food-Truck Owners Challenge Ban on Competition
In late August 2018, a little over a week after IJ launched a lawsuit, challenging Carolina Beach’s food truck restrictions, the town repealed its food truck restrictions due to the threat of IJ’s lawsuit.
Commercial Speech | Economic Liberty | First Amendment | Food Freedom | Food Freedom
Maryland Dairy Farmers Sue for Right to Tell the Truth
The FDA prevented Randy Sowers from labelling his skim milk as “skim milk” even though that’s exactly what it is. The First Amendment protects Randy’s right to tell the truth about his product, and after…
Cosmetology | Economic Liberty | First Amendment | Occupational Licensing | Occupational Speech
License to Teach: North Carolina Forces Makeup Artists to Teach Unrelated Skills or Face Thousands in Fines
Jasna Bukvic-Bhayani is a North Carolina-based professional makeup artist who wanted to open up a school to teach others how to apply makeup like her. But the state wanted her to open a full-fledged esthetics…
Commercial Speech | First Amendment | Food Freedom
Censored in Florida: Creamery Owner Sues to End Labeling Censorship
Ocheesee Creamery is censored from honestly labeling its skim milk as skim milk.
Economic Liberty | Transportation
Hillsborough County Transportation Commission vs. Consumers, a Driver and a Small Business: Government Commission Forces Consumers to Pay More; Prevents Competition and Job Creation
The Public Transportation Commission in Hillsborough County, Fla., forces customers to overpay for limousine services and prevents small business owners from offering better deals to potential customers.
Economic Liberty | Occupational Licensing | Transportation
Protectionism in Portland, Ore.: City Threatened $895,000 in Fines For Limo Entrepreneurs Who Offered Groupon Discounts
Portland, Ore., cannot constitutionally set transportation prices and make limousine and sedan customers wait for service merely to protect taxis from competition.
Vindicating the Right to Earn an Honest Living Under the Florida Constitution: IJ Files Suit on Behalf of Vendors in Hialeah, Fla.
Street vendors are a core part of the American Dream. But Hialeah, Fla., needlessly makes it difficult for street vendors to earn an honest living.
Justin's Research & Reports
Commercial Speech | Economic Liberty | First Amendment | Food Freedom | Food Freedom
Censorship and Sensibility: Does the First Amendment Allow the FDA to Change the Meanings of Words?
The question of whether the Constitution allows the government to change the meanings of words is receiving renewed interest in the aftermath of the FDA’s announcement that it intends to examine whether it should begin…
Justin's Amicus Briefs
Cigar Association of America v. FDA
CTIA v. Berkeley, Cal.
United States Supreme Court
Expressions Hair Design v. Schneiderman
Supreme Court of the United States
Justin's News, Articles & Publications
Justin's Letters & Statements
Chadron Food Trucks Letter
Chadron, Nebraska
Norwood Food Truck Ban Letter
Norwood, Ohio
Parksley Food Truck Ban Letter
Parksley, Virginia
Mount Vernon Food Truck Letter
Mount Vernon, Ohio