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Justin Pearson

Managing Attorney of the Florida Office

Justin Pearson is the Institute’s Florida Office Managing Attorney and also directs IJ’s National Street Vending Initiative. Justin has argued hundreds of times in courts across the nation, and he has devoted his career to vindicating the constitutional rights of small-business owners.

Justin often wins in novel ways. His federal appellate court win vindicating a Florida dairy creamery’s right to tell the truth on its labels was the first victorious First Amendment challenge to a food definition in U.S. history. Justin followed that up with a First Amendment lawsuit against the FDA that led the federal agency to publicly announce that it would no longer enforce the food definition anywhere in the nation. His victory against Fort Pierce, Florida’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. 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. His win against an out-of-control councilmember in Parksley, Virginia, included a rare combination of wins on Fourth Amendment, state law, and Monell claims, all while defeating the councilmember’s qualified immunity defense. And his win against Jacksonville, North Carolina’s restrictions on property owners who wanted to invite food trucks to operate on their properties included an even rarer combination of wins, including victorious property rights, economic liberty, free speech, and ultra vires claims.

Not only does Justin often win in court, but the government frequently reacts to Justin’s involvement by giving up. Justin’s First Amendment challenge to Mississippi’s ban on food label terms like “veggie burgers” convinced the state government to rescind the ban instead of defending it. His defense of an Anaheim, California commercial property against civil forfeiture, which included a press conference in front of the Anaheim Convention Center to highlight the government’s hypocrisy, caused the government to drop the case shortly thereafter. His lawsuit against the Hillsborough County Public Transportation Commission’s ban on low fares helped to convince the Florida Legislature to disband the agency. His challenge to Carolina Beach, North Carolina’s requirement that food trucks must be owned by local restaurants caused the town to repeal the requirement just one week after Justin filed the case. His case against Portland, Oregon’s ban on transportation price competition led the city to repeal the ban. And his First Amendment challenge to North Carolina’s licensing requirements to teach makeup artistry resulted in the state government’s agreement to no longer enforce the requirements rather than defend them in court.

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 and panel appearances include the University of Chicago, Yale, the University of Virginia, Harvard, Duke, New York University, the University of Michigan, and Cornell, among many others.
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 | Vending

Tarpon Springs Food Trucks

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 | 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.

Economic Liberty

Nebraska CON

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…

Economic Liberty | Vending

Fort Pierce Food Trucks

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…

Economic Liberty | Vending

Carolina Beach Food Trucks

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.

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Justin's Research & Reports

Justin's Amicus Briefs

Justin's News, Articles & Publications

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Justin's Letters & Statements

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Justin's Podcasts

October 06, 2025

Short Circuit 397 | Supreme Court Preview from UNC

Dropping on First Monday, the Supreme Court’s first day of the October 2025 term, it’s our annual Supreme Court preview, recorded live at the University […]

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May 06, 2021

These Laws Let Your Competitors Decide When Your Business is “Needed”

What are “Certificates of Need,” and who should get to decide whether an entrepreneur can try out a business idea?

When IJ client Abdallah Batayneh tried to open a resort shuttle service in rural Colorado, his application was denied by a state regulatory agency at […]

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November 13, 2020

Can the Government Require Warning Labels for Veggie Burgers?

Why the First Amendment should protect the way companies talk about their products

In 2020, debates about veggie burgers and almond milk may sound like small potatoes. But controversies about how the government can regulate the way that […]

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