Victory Secures School Choice in AZ

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June 2014

Volume 23 Issue 3 Inside This Issue

IJ and Ridesharing Entrepreneurs Fight Chicago Transportation Monopoly

Minnesota Citizens Need to Wait in Line for Free Speech

Go “All In for Freedom” By Joining IJ’s Austin Fox is one example of the difference education savings accounts are making in students’ lives. Partners Club 8 Victory Secures School Choice in AZ

IJ’s Activism Team Helps By Tim Keller Philadelphia Artist Fight to families. One of the programs served children with Eminent Domain One of IJ’s secrets to success is our resilience. special needs; the other served children in foster care. When we encounter adversity, we craft strategies The programs were making a real difference in to overcome whatever defeat we have suffered and our clients’ lives. Andrea Weck-Robertson’s daughter, 10 move forward aggressively. IJ’s resilience recently Lexie, was making tremendous academic and social paid off in a big way in Arizona. In March, we scored gains at a private school after public school officials a final victory in a school choice case that signifi- had told Andrea they did not know where to place or cantly expands educational opportunities for tens of how to educate Lexie. Crystal Fox’s daughter, Tia, was thousands of Arizona families. But our momentous making significant progress at another private school Published Bimonthly by the win started with a difficult loss. after Crystal was told by a public school teacher that Institute for Justice In 2009, in a case named Cain v. Horne, the parents whose children are as severely autistic as Tia Arizona Supreme Court struck down two state-funded typically do not send their children to school. Visit us online: scholarship programs that provided tuition assistance School Choice Victory continued on page 6 www.ij.org &LAW Fighting for the Freedom to Drive in the Windy City

IJ client and ridesharing entrepreneur Dan Burgess thinks Chicago should celebrate innovation, not debate whether to crush it.

By Bob McNamara anything from the companies; the city is not In 1993, IJ launched its first transporta- taking their cabs away or revoking their medal- tion lawsuit in Denver, Colo., on behalf of a lions. Instead, the cab companies’ shockingly group of entrepreneurs who wanted to open up broad legal theory is that Chicago is commit- the taxi market and start their own company. ting a taking by allowing other businesses to Since then, IJ has been devoted to the idea of compete with them. transportation freedom: The basic idea that But that cannot be right: Customers IJ client Dan Burgess, left, with IJ Attorneys Renée consumers and entrepreneurs, not govern- aren’t property, and competition isn’t theft. If Flaherty and Anthony Sanders at the case launch. ment officials, should be the ones deciding the taxicab companies’ legal theory prevailed, what transportation options are available in it would be the death knell of any meaningful Chicago, but nationwide. While the litigation a particular city. From taxicabs to dollar vans transportation reform anywhere in the country. team was moving to make sure our voice was and black cars, we’ve taken on entrenched Not only would taxicab companies be able to heard in court, IJ Clinic Director Beth Kregor monopolies all across the country. swung into action on the legislative In the past year, we’ve redoubled “If the taxicab companies’ legal theory front, working to make sure protec- our commitment to the cause, prevailed, it would be the death knell of tionist legislation did not shut down launching a case in Tampa and any meaningful transportation reform these innovative businesses before securing an important Supreme they started. The team effort resulted Court victory in Colorado. anywhere in the country.” in a major media splash—and it will And now we can add the Windy City to prevent ridesharing using smartphone apps, make sure the cab companies’ lawsuit does that list with our latest intervention in a federal they’d be able to prevent any reform that not result in a legal ruling setting up a perma- lawsuit in Chicago. For the past year, Chicago resulted in them making less money. nent monopoly. has allowed “ridesharing” services to operate Faced with this threat, IJ’s transportation As technology continues to change the in the city. Ridesharing companies like Sidecar, team swung into action with amazing speed. transportation landscape, this kind of speedy UberX and Lyft use smartphone technology to Within hours of the lawsuit being filed, we reaction will only grow more important. And IJ match consumers with ordinary drivers who were on the phone with ridesharing groups will stand ready with the resources, the experi- can transport them for a fee. The experiment and drivers in search of potential clients. ence and the principles that are necessary to seemed to be working—drivers were making Within days, IJ Attorneys Anthony Sanders and make sure economic liberty does not disap- money and consumers were having good expe- Renée Flaherty were on the ground in Chicago, pear as soon as someone gets riences—until a group of large taxicab compa- meeting with the ridesharing drivers who were behind the wheel.u nies filed a lawsuit claiming that Chicago was directly affected by the lawsuit. And within committing an unconstitutional taking by not weeks, we formally intervened in the lawsuit Bob McNamara is an IJ senior attorney. arresting ridesharing drivers. The lawsuit did to make sure that the possibility of transporta- not allege that Chicago was actually taking tion reform remains alive and well not just in

2 June 2014

TAKE A The First Amendment Isn’t NUMBER First-Come, First-Served

By Anthony Sanders Can the government say that only the first 12 people IJ’s the coming at the polls on Election Day get to vote for every office challenge McCutcheon and everyone else gets to vote for only half the offices? Of was filed a decision course not. In this country, we don’t dish out rights on a mere seven as an first-come, first-served basis. days after opportunity Except in Minnesota, apparently. To teach the state the U.S. to further Watch IJ’s new video “Gov’t to Citizens: Want Free that the “First” in “First Amendment” does not mean Supreme Court Speech? Take a number.” at ij.org/mnspeechvid. the cause first-come, first-served, IJ filed a lawsuit in April 2014 struck down a of unshack- challenging the state’s “special sources limit.” The law similar law in McCutcheon v. FEC, a ling political speech. Lawyers at our allows donors to contribute a certain amount to candi- case IJ followed closely and in which we Minnesota Chapter talked to numerous dates—$1,000 for Minn. House of Representatives on up filed an amicus brief. There, Congress donors and candidates, looking for a to $4,000 for governor—but cuts the amount in half if the banned donors from contributing more few brave souls willing to stand up to candidate raises “too much” money. For state house cam- than a specified sum to all candidates Minnesota’s speech police. We found paigns, once 12 people contribute $1,000 to a candidate, combined, even if none of the separate our champions in Doug Seaton and Van everyone else can donate only $500. Since candidates use contributions exceeded the per-candidate Carlson, Minnesota residents and cam- that money to speak to voters, this means donors who wait limit of $5,200. paign donors whose speech has been to contribute have fewer free-speech rights than those who The Supreme Court rightly struck stymied because of the special sources contributed early. down the law as violating donors’ First law, and in candidates Linda Runbeck, a Amendment rights. The Court reasoned state representative, and Scott Dutcher. that if Congress thinks it is OK for a per- IJ is particularly excited about this son to donate $5,200 to one candidate, case because it is the first time IJ has that person should be able to donate the directly challenged a campaign contribu- same amount to others. tion limit that applies to candidates. It’s Minnesota’s law, in comparison, is the latest in our attempt to revive the an even more egregious limit on speech. core of the First Amendment: protect- It applies to a donor contributing as little ing what we say about who we elect to as $501 to a single candidate because of office.u what prior donors have done. IJ’s case may have been filed seven Anthony Sanders is an IJ attorney. days after McCutcheon, but it took much IJ attorney Anthony Sanders joins Minnesota donors and candi- longer than seven days to build. Last dates who are suing to overturn restrictive campaign finance laws. year, IJ’s campaign-finance team saw

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Teeth Whitening Entrepreneur Bites Back

IJ client Trisha Eck had a successful business selling over-the-counter teeth whitening products and providing a clean, comfortable place for customers to apply them to their own teeth. That is, until the Georgia Board of Dentistry shut her down. By Larry Salzman Her business did not involve touching any tists, hygienists or dental assistants from offer- In Georgia, entrepreneurs who compete customer’s mouth or performing any cleaning. ing teeth-whitening services. At least 25 state with dentists to offer teeth-whitening services She simply instructed her customers on how dental boards, now including Georgia, have can be charged with a felony, imprisoned for to apply the products to their own teeth in her ordered teeth-whitening businesses to close. up to five years and fined $500 per customer. clean, comfortable spa environment. IJ is currently representing other beleaguered This is because the Georgia Board of Dentistry— By charging as little as $79, and with teeth-whitening entrepreneurs challenging regu- made up of eight dentists and only one non- the help of referrals, Trisha soon turned a lations similar to Georgia’s in Connecticut and dentist—has irrationally deemed teeth-whitening profit. Her success gave her confidence to Alabama. entrepreneurs to be engaged in the “unlawful advertise on the radio and through direct mail The right to earn an honest living free from practice of dentistry.” arbitrary government interference is The dentists’ monopoly on “Giving dentists the power to outlaw one of the most important rights pro- teeth whitening has nothing to do their own competition is not just bad tected by the U.S. Constitution. Giving with health or safety and everything dentists the power to outlaw their own to do with protecting dentists from policy; it’s unconstitutional.” competition is not just bad policy; it’s honest competition. Trisha Eck is unconstitutional. the latest victim of this law. to neighbors. But in March 2014, just as the That’s why Trisha teamed up with IJ in In 2012, Trisha was looking for a way to business was gaining steam, she was hit with April to file a federal lawsuit against the Dental bring in some extra money for her family with a a cease-and-desist order from the Dental Board Board to strike down Georgia’s monopoly on flexible schedule so she could spend time with demanding that she close her business or face teeth whitening. A victory will not only save her grandkids. Trisha got the idea to open a jail and crippling fines. Trisha’s business, but vindicate economic liberty teeth-whitening business after seeing others do Dentists routinely charge up to five times for entrepreneurs throughout Georgia and the it and attending a teeth-whitening trade show. more for teeth-whitening services than teeth- nation. That should give all Americans a reason She opened Tooth Fairies Teeth Whitening whitening entrepreneurs like Trisha. Dentists to smile.u that year and rented space at a medi-spa near across the country have been lobbying hard for her home in Warner Robins, Ga. She sold regulations that ban anyone else from offering Larry Salzman is an IJ attorney. pre-packaged, over-the-counter teeth-whitening the service. As the Institute for Justice docu- products, like the kind sold in drugstores. These mented in its 2013 report “White Out,” at least products are safe, and the FDA regulates them 14 states since 2005 have changed their laws as cosmetics. Trisha never had a complaint. or regulations to exclude all but licensed den-

4 June 2014

SMILE! Connecticut’s Teeth-Whitening Entrepreneurs Are Open for Business

Teeth-whitening entrepreneurs in Connecticut can return to work thanks to a ruling issued on March 31, in Sensational Smiles LLC v. Mullen, the first of IJ’s three lawsuits that aim IJ Attorney and Client to beat back dental boards’ efforts to monopolize the safe practice of teeth whitening. Testify for Economic Liberty The lawsuit arose out of a 2011 ruling by the Connecticut Dental Commission that banned By John E. Kramer run a shelter. They are clothed through non-dentists from selling an over-the-counter Protecting economic liberty doesn’t what I’ve done. But I don’t run a second- whitening product and providing a clean, comfort- end after we win a major legal or state hand clothing store. They are fed as a able place for customers to apply the product legislative victory. IJ Attorney Dan Alban direct result of what I have achieved and to their own teeth, just as they would at home. and former IJ client Melony Armstrong, continue to achieve. But I don’t run a soup After IJ challenged that ruling in federal court, an African hairbraider from Mississippi, kitchen. I have transformed the lives of lit- the Commission back-pedaled and took a much recently testified before the U.S. Senate erally hundreds of poor women in my state narrower view of the law. The recent federal court Finance Committee and the U.S. House of Mississippi not because I sought out ruling binds the Commission to that view, and Small Business Committee, respec- confirms that it has almost no jurisdiction over tively, to call on lawmakers to better teeth whitening as it is commonly practiced in respect Americans’ right to economic shopping malls and salons. liberty. That ruling will allow IJ’s clients to return to Dan was invited to testify after work, offering almost all of the services they previ- IJ’s victory on behalf of independent ously offered, with just one exception. Over the tax preparers against the IRS. The IRS course of the litigation, the Dental Commission sought to demand independent tax pre- adopted the absurd position that, although it was parers get a government-issued license legal for non-dentists to make LED teeth-whitening to continue in their trade. lights available to their customers, they could not Dan told the senators, “Licensing government assistance for them; rather, position those lights in front of their customers’ reduces competition in the tax prepara- because I demanded that the government mouths. Instead, the customers have to position tion market, which is bad for consum- get out of my way so I could provide for the light themselves. The district court upheld ers. Between reduced competition and myself and for my family, and so other that restriction despite the fact that IJ presented increased regulatory compliance costs, women around me could do likewise in unrebutted expert testimony that the LED lights licensing is expected to artificially drive up peace, dignity and prosperity. We demand- used in teeth whitening are no more powerful or the prices consumers pay for tax prepara- ed the government respect our economic dangerous than common household flashlights. tion. Many taxpayers will not only be left liberty—the right to earn an honest living The district court’s ruling demonstrates the with fewer options, but will be deprived in the occupation of our choice free from critical need for judicial engagement. Nobody of their first preference and forced to pick unnecessary government regulation.” needs eight years of higher education to safely a new preparer if licensing forces their The right to earn an honest living is point a flashlight at someone’s mouth, and the current preparer out of business. Instead, one of the most fundamental freedoms we only reason the restriction exists is to burden taxpayers—not the IRS—should be the enjoy as Americans. It’s time for Congress businesses that compete with dentists for teeth- ones who get to decide who prepares to do what it can to protect whitening customers. That’s why we’ve appealed their taxes.” this vital right.u the court’s ruling to the 2nd U.S. Circuit Court Melony told congressional members, of Appeals—and why we won’t stop fighting until “Every day across Mississippi, hundreds of John E. Kramer is IJ’s vice president for we’ve secured total victory for our clients and all low-income families are housed because communications. Connecticut entrepreneurs.u of my advocacy and hard work. But I don’t

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IJ client Andrea Weck-Robertson says the progress her daughter Lexie has experienced thanks to Arizona choice programs has surpassed her greatest expectations. Lexie has made incredible leaps in her academic ability.

Educational Opportunities Abound in Arizona Thanks to IJ’s Resilience

School Choice Victory continued from page 1 in the midst of the financial crisis, it failed to It was extremely difficult to call Andrea and attract the robust funding needed to help all of Crystal to tell them that the court had severed the kids who lost their scholarships. So we went their children’s educational lifelines. But before back to the drawing board. hanging up the phone, I promised Andrea and Working in tandem with our friends at the Crystal one thing: Goldwater IJ would not leave Institute and them or their chil- the Center for dren adrift at sea. Arizona Policy, As an ini- IJ helped create tial measure, IJ the nation’s first worked with our publicly funded local school choice education sav- allies to pass a ings account Lexie has flourished at the St. Dominic Savio new tax-credit- (ESA) program. Academy, a private school in Tempe that spe- funded scholarship Under the pro- cializes in educating children with autism and related disorders. program. Arizona’s Watch IJ’s video “Arizona Supreme Court Declares Edu. Choice gram, parents courts had previously Program Constitutional” at http://iam.ij.org/azscvid. receive quarterly upheld tax-credit schol- deposits into a arship programs, thanks in large measure to savings account in an amount slightly less than IJ’s legal advocacy. The Arizona Legislature even their child’s public school would have received. named the new tax-credit program Lexie’s Law. Parents can use those funds for a wide The program secured many children’s educa- array of educational options, including private tional futures, including Tia’s and Lexie’s, but school tuition, curriculum and books for use at

6 June 2014

“Since enrolling in the ESA program, Austin has gone from a 2.0 GPA to nearly a 4.0 GPA. Crystal credits the program with saving Austin’s life.”

Austin Fox—who has Asperger’s syndrome—was ready to drop out of his public high school in 10th grade. But the opportunity to participate in the ESA program, and to choose a school for himself, convinced Austin to stay in school. Austin’s new-found academic success and high SAT and ACT scores mean he is college-bound upon graduation. home, therapies to help children speak or write, failed him. Since enrolling hiring tutors or purchasing individual classes at in the ESA program, Austin a public school. ESA funds can even be saved has gone from a 2.0 GPA for college expenses. to nearly a 4.0 GPA. Crystal The genesis of the ESA program came credits the program with sav- from language in the Cain decision that empha- ing Austin’s life. sized that parents have “no choice” but to The Arizona Supreme use their previous state-funded scholarships Court recently decided not to to attend private schools. The ESA program, review IJ’s Court of Appeals on the other hand, allows parents to pick and victory putting an end to the legal challenge and Austin’s sister, Tia Fox, left, attends Chrysalis choose from an à la carte menu of educational leaving the ESA program on firm constitutional Academy. Tia’s mom, Crystal, says that Tia’s options to meet their child’s unique needs. footing. Losing is never easy, but IJ’s never-say- life today is completely changed with the help of While parents are permitted to choose a pri- die approach to public-interest law means we the Chrysalis Academy, and, most importantly, she’s happy. vate school under the program, they are not create opportunities to overcome even the worst required to do so and may educate their child adversity. And when we do finally prevail, there through any combination of the allowable edu- is nothing sweeter than picking up the phone to cation expenses. tell our clients, “We won.”u The teachers’ unions challenged the ESA program in court as soon as it was signed into Tim Keller is executive director law. IJ was ready and immediately intervened of the Institute for Justice on behalf of Crystal—this time focusing on her Arizona Chapter. son Austin, who has Asperger’s Syndrome and who, by that time, was ready to drop out of a public education system that had utterly

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Join the IJ Partners Club Play a vital role in powering the national law firm for liberty

By Caitlyn Korb tutional debate and achieving victory in In addition to an invitation to attend The Institute for Justice has become unprecedented ways. With 41 cases cur- Partners Retreat events, Partners also a powerful force for freedom through the rently on our docket, we plan to intensify receive special updates from President Chip strength of our partnerships. We team up our strategic impact across all four pillars Mellor on important case developments. with citizens and entrepreneurs whose of litigation in the months to come. This They have the opportunity to visit person- liberties are under assault to win important October, we will host our 2014 Partners ally with IJ staff members who are traveling legal victories. We work in their area, and they with grassroots groups to Partners provide nearly 75% of our enjoy inside looks at new raise awareness of our annual funding. We hope you will and exciting IJ cases. For four core mission areas maximize your investment in a freer a full list of the benefits and empower citizens to and more just society by of becoming a Partners assert their rights. And we Club member, please visit joining the Partners Club. partner with individuals ij.org/PartnersClub. like you who are passion- As you read through ate about defending our most basic free- Retreat in Palm Beach, Fla., to give mem- this issue of Liberty & Law and take stock doms and securing the blessings of liberty bers of our Partners Club and Four Pillars of the many ways in which IJ is changing for generations to come. Society an exclusive look at our “all in” the world and impacting the lives of real As IJ enters a period of exciting and strategy [see below for details]. people, we hope you’ll seize this opportu- ambitious growth, we invite nity to play a vital role in you to demonstrate your securing the liberties that commitment to defend- make America exceptional. ing individual freedom and partners retreat The stakes have never been opportunity by becoming 2014 higher, nor has the need for a member of IJ’s Partners IJ ever been greater than at Club. IJ Partners support our Palm Beach, FL this moment. Join us and mission by giving $1,000 or October 24-26, 2014 become a Partner at the more to the Institute each Eau Palm Beach Resort & Spa national law firm for liberty. year. In total, Partners pro- For more information vide nearly 75 percent of our Join the Institute for Justice for an inspiring and invigo- and to become a Partners annual funding, and their rating weekend set in a luxurious Palm Beach oasis. Open to Club member, please con- support is essential to IJ’s members of our Partners Club and Four Pillars Society, the tact me at 703-682-9320, ongoing campaign to defend 2014 Partners Retreat is a unique opportunity to connect with ext. 221, or [email protected] the Constitution. We hope fellow IJ supporters and get exclusive insight into IJ’s plans to you will maximize your invest- go “all in for freedom” in the coming years. Featuring panel Caitlyn Korb is the Institute’s ment in a freer and more discussions with IJ’s talented staff, attorneys and courageous Partners Club just society by joining the clients, and addresses from renowned liberty advocates like coordinator. Partners Club. Charles Murray, this is an event that you won’t want to miss. IJ is shaping consti- For more details on the 2014 Partners Retreat and to reg- ister, please visit ij.org/PartnersRetreat2014.

For a full list of the benefits of becoming a Partners Club member, please visit ij.org/PartnersClub

8 June 2014

The IJ Clinic hosted a daylong conference for entrepreneurs who learned what it takes to start a successful food business in Chicago. Chicago Food Entrepreneurs Cooking Up Recipes for Success

By Beth Kregor who have changed the law. Then the The main course of the confer- Every chef or foodie knows the speakers dished out special expertise. ence was a collection of presentations most successful recipes are simple and First, a panel of entrepreneurs took by IJ Clinic students. What the students require few ingredients. But the recipe the stage to discuss the topic at the lack in worldly experience, they make for starting a food business in Chicago top of everyone’s mind: funding. Amy up for with research and diligence. The is complex and messy. Happily, though, Le, owner of Saucy Porka, spoke about students clearly and creatively broke entrepreneurs can turn to the IJ Clinic how she grew her business from a food down the complex legalities of building on Entrepreneurship for step-by-step truck to a brick-and-mortar restaurant. successful food businesses. Their pre- guidance on the recipe for success. Dimitri Syrkin-Nikolau explained how sentations explained how to draw up On Saturday, May 3, the IJ Clinic he relied on family and friends in the an agreement among the founders of hosted Recipe for Success: Your Place early days to invest in Dimo’s, his pizza a business, how to get a license from at the Table. The daylong conference restaurant, when he was unsuccessful the city to share a kitchen with other showed aspiring and active entrepre- in securing a bank loan. Galen Williams entrepreneurs, how to set up a busi- neurs in the food industry that they are has learned as an investor and an ness organization, how to label a food not alone. They have the IJ Clinic and entrepreneur about the best approach product in compliance with the com- a community of like-minded culinary to fundraising. He shared helpful tips plicated FDA rules and how to start a businesspeople to help them establish on how to find the right investor who food truck or food cart. Where the laws their niches. will be a boon to a new business, rath- make entrepreneurship impossible, we The program focused on strate- er than a bomb. Everyone in the audi- invited the courageous entrepreneurs gies for teaming up with others to ence saw that bringing passion and to join us in our fight to change them. build a strong business. When they hard work is ultimately more important The day was full of great ideas, arrived, all the participants received than raising lots of money. great connections and great food. That recipe cards that they could fill out with More entrepreneurs shared their night, 150 entrepreneurs dreamed the tidbits of know-how—perhaps an actual experiences in later sessions, talking American Dream more vividly than ever recipe, a business strategy or a helpful about resilience in the face of rejection, before.u contact—and share with others at the distinctive marketing on small budgets conference. Everyone in the room had and creating a local supply chain. Beth Kregor is the direc- wisdom and experience to share. Along with the information, attendees tor of the IJ Clinic on We launched the program with gobbled up a delicious lunch from local Entrepreneurship. stories of entrepreneurs who have food trucks and restaurants, including changed Chicago history and IJ clients IJ Clinic client Moon Meals.

“The daylong conference showed aspiring and active entrepreneurs in the food industry that they are not alone.”

9 &LAW

Hands Off My Art Studio: IJ Helps Philadelphia Artist Fight Greedy City Planners

Philadelphia is using eminent domain to take James Dupree’s art studio to clear a large parcel for private development. IJ has been working with Dupree to stop this taking.

By Melinda Haring To draw national attention to his case, IJ continues its fight against eminent James teamed up with IJ in November. domain abuse nationwide, and the latest battle Together we launched a campaign urging the has brought us to an art studio in Philadelphia. city council to halt this unconstitutional land James Dupree is one of the city’s most highly grab and return James’ property. In April, IJ sought-after artists. Five of his paintings are sponsored an all-day open studio event with live housed at the Philadelphia Museum of Art, and music, spin art and speeches that drew more numerous pieces of his are displayed through- than 400 art enthusiasts, community leaders out the city. Nine years ago, James turned and activists to demonstrate their support for James Dupree, right, speaks about his fight. a broken-down warehouse and garage into a James. paints and participated in Art Basel, a presti- unique art space where he works and hosts art One trademark of IJ’s activism is its ability gious international art show for contemporary classes. He wants to start a mentorship pro- to forge nontraditional alliances. James’ case art in Miami. gram so that inner-city kids, like he once was, is no different. IJ is working with the ACLUs of James’ studio remains in legal limbo—but can learn to appreciate art and maybe even Pennsylvania and Philadelphia, Americans for he fights on, knowing that he is not alone. become artists one day. Prosperity-Pennsylvania, the Commonwealth Since Kelo, 47 states have strengthened pro- But James’ plans came to an abrupt halt Foundation, a number of prominent art groups tections for property owners against eminent last year. Like most properties targeted for and a local minister to save Dupree Studios. domain abuse and IJ’s activism has helped eminent domain abuse, James’ 8,600 square- Our coalition has generated enormous media save more than 16,000 properties. foot eclectic studio is situated in a prized area. attention: There have been more than 20 The Institute for Justice will continue to Drexel University plans to expand its campus articles written about James’ fight in outlets seek justice for James and to prevent similar into James’ neighborhood. To make way for like The Philadelphia Inquirer and Forbes.com. takings from ever occurring in Drexel and its students, the city is using emi- James has also appeared on Stossel and Fox & Philadelphia again.u nent domain to seize his studio and replace it Friends. with a grocery store—clearly not a public use. As a result of the tug-of-war over James’ Melinda Haring is the activism manager at the Seizing James’ art studio is not only unconstitu- property, he had not been able to work. Since Institute for Justice. tional, it is unconscionable. IJ got involved, James has returned to his

10 June 2014

Volume 23 Issue 3

About the publication Liberty & Law is published bimonthly by the Institute for Justice, which, through strategic Quotable Quotes litigation, training, communication, activism and research, advances a rule of law under which individuals can control their destinies NBC5 - WMAQ-TV as free and responsible members of society. (NBC News - Chicago) IJ litigates to secure economic liberty, school choice, private property rights, freedom of “‘There is no constitutional right to be free speech and other vital individual liberties, from competition,’ the rideshare drivers’ attor- and to restore constitutional limits on the ney, Anthony Sanders, said. ‘And there is no power of government. In addition, IJ trains constitutional right to have the government law students, lawyers and activists in the tac- arrest your business competitors, which is tics of public interest litigation. what the taxicab companies are arguing.’”

Through these activities, IJ challenges the ideology of the welfare state and illustrates and extends the benefits of freedom to those whose full enjoyment of liberty is denied by The Economist government. “The IJ’s common-sense recommendation for reforms to American forfeiture laws include increasing oversight and reporting requirements on police departments, curb- Editor: Shira Rawlinson ing the financial incentive by directing seized assets into a neutral fund (such as edu- Layout & Design: Don Wilson cation or drug treatment) or a municipality’s general fund and placing the burden of proof on the government rather than property owners.” How to reach us:

Institute for Justice The Washington Post (George Will) 901 N. Glebe Road Suite 900 “In what it probably considered an act of unmerited mercy, the IRS offered to return Arlington, VA 22203 20 percent of [IJ forfeiture client Terry Dehko’s] money. Such extortion—pocketing other people’s money—often succeeds when the IRS bullies bewildered people not rep- General Information . . . (703) 682-9320 resented by IJ, which forced the government to return all of Terry’s and the gas station owner’s money.” Extensions: Donations ...... 233 Chicago Tribune Media ...... 205 “Chicago is one of the most restrictive cities in America for mobile food ven- Website: www.ij.org dors, according to Elizabeth Kregor, director of the Institute for Justice Clinic on E-mail: [email protected] Entrepreneurship at the University of Chicago. The organization has consulted with city Donate: www.ij.org/donate health officials on a draft ordinance to legalize some types of food cart sales, one that it hopes can soon go before the City Council and become law later this year.” facebook.com/instituteforjustice youtube.com/instituteforjustice Texas Monthly twitter.com/ij “‘The issue with policing for profit in most cases is not that police are simply taking money they shouldn’t,’ said Matt Miller, the Austin attorney who represented [IJ forfeiture client] El-Ali in his appeals. ‘It’s that you create the opportunity, even the incentive, for corruption.’”

11 “Without the Institute Institute for Justice Non-Profit ORG. 901 N. Glebe Road U.S. POSTAGE Suite 900 PAID for Justice, we would Arlington, VA 22203 Institute For JUSTICE never have kept the house. They did it pro bono. Thank God there DONATE are people to donate Click here to support IJ to their organization.”

— Lori Ann Vendetti (former IJ client), Atlantic Highlands Herald

The City of Sacramento said politicians and realtors could have portable signs, but our small business couldn’t. The survival of our business depended on our right to speak.

We fought for our First Amendment rights. And we won. We are IJ.

Carl and Elizabeth Fears Institute for Justice Sacramento, California www.IJ.org First Amendment litigation