March 2001

Volume 10 Issue 2 Inside This Issue

Illinois School Choice Asset Forfeiture Victory 2 Victory

IJ’s Chairman of the Board Celebrates 10 Years of “The IJ Way” 3

IJ Takes on Eminent Domain Abuse In Connecticut 6 With the ’s help, Carol Thomas won her car back after it was unconstitutionally taken from her. She is now continuing her legal challenge to end the government’s abuse of civil asset forfeiture.

By Scott Bullock Court Judge G. Thomas Bowen, reading from the Carol Thomas—a former Cumberland County bench, dismissed the government’s claim against her New Assistant Director deputy sheriff whose own car was seized when her car, and ordered both the title to her car and a Joins IJ Clinic son was caught in a marijuana bust—has her car and $1,500 bond she posted to be returned to her. But her cash back, but she is not ready to give up her just as important, the judge allowed a counterclaim fight to overturn ’s unconstitutional civil for- filed by Thomas and the Institute for Justice challeng- 10 feiture laws. The Institute represented Thomas (and ing the state’s civil forfeiture law to continue in court. her car) not only in her successful effort to reclaim Judge Bowen found that even though Thomas’ case is ownership of her car but also to challenge what drives over, it is in the public interest to decide whether or civil forfeiture abuse in New Jersey and in many other not New Jersey’s perverse incentive structure violates states: the direct profit incentive underlying the laws, the Due Process Clause of the Constitution, especially Published Bimonthly by the whereby police and prosecutors are entitled to keep since the government has not changed its policy of Institute for Justice the cash and property they seize. distributing forfeited property to the very agencies On January 19 of this year, the Institute secured charged with enforcing the law. visit us online: an early-round victory in Thomas’ case when Superior www.ij.org Forfeiture continued on page 5 Illinois Appellate Court Upholds Constitutionality of Choice

By Matthew Berry Rather, the tax credit allows Illinois par- In a significant victory for Illinois families ents to keep more of their own money as well as for school choice supporters nation- to spend on the education of their chil- wide, the Appellate Court of Illinois for the dren as they see fit. Fourth Judicial District in a decision issued on The court went on to say, howev- February 8 unanimously upheld the constitu- er, that the tax credit would still be tionality of the Illinois educational expenses tax constitutional even if one considered credit law. The ruling was handed down the money claimed through the credit Excerpt from approximately three months after oral argument to constitute public funds. This is “Presidential Update” was held in Springfield, Illinois. At that argu- because the tax credit is fully consis- Cleveland Teachers ment, IJ defended the constitutionality of the tent with both U.S. Supreme Court Union Newsletter credit on behalf of 12 Illinois families. and Illinois Supreme Court precedents Because of this decision, when IJ’s clients indicating that programs providing gen- “. . . I got an interesting note from and other Illinois taxpayers file their tax returns eral educational assistance are consti- one of our elementary teachers this spring, they will be sending less money to tutional so long as religious and nonre- along the lines of, "Why are you the government, which will enable them to ligious options are treated equally and wasting your time with vouchers spend more money on their children’s educa- funds are guided by the private and and charter schools instead of tion. The February ruling of the three-judge independent choices of parents. important issues like how unpre- panel was the third decision by an Illinois court IJ also represents Illinois families pared the students are to learn and affirming the constitutionality of the tax credit in in a separate case challenging the other more pressing issues like less than two years; two Illinois trial courts had constitutionality of the tax credit. Oral inclusion and lack of supplies." already dismissed challenges to the credit filed argument was held before the My answer was . . . vouchers and by the Illinois Education Association, Illinois Appellate Court of Illinois for the Fifth charter schools are like cancer: Judicial they are silent killers of your The tax credit allows Illinois parents to keep more District in career and public education in of their own money to spend on the education of Mount general. They are not going to go their children as they see fit. Vernon, away by themselves, they have to Illinois, be made to go away, and you Federation of Teachers and other special-inter- earlier this year, and we expect a deci- don't have the time to do that. I est organizations opposed to education reform. sion in that case to be released by the do (I make the time), and that's is The teachers’ unions and their allies argue middle of the summer. [sic] what you pay me to do. . . .” that the law, which provides a credit against Although the teachers’ unions will state income taxes for 25 percent of tuition, undoubtedly appeal their recent defeat book fees or lab fees incurred by K-12 students to the Illinois Supreme Court, five at public or private schools up to a maximum of judges have now looked at the educa- $500 per family, violates four provisions of the tional expenses tax credit, and all five Illinois Constitution, two of which deal with have concluded that it’s constitutional. establishment of religion. The appellate court, That record of success makes us however, emphatically rejected these argu- hopeful about our prospects in our ments. remaining battles defending the consti- The opinion written by Justice Rita Garman tutionality of the credit. was a complete victory for school choice sup- porters. The court ruled that the tax credit Matthew Berry is an Institute for Justice attorney. does not violate the Illinois Constitution because no public money is spent at religious schools.

2 March 2001

Board Chairman Dave Kennedy On IJ’s 10th Anniversary

Bolick wanted to make to start a new non-lawyers. They belong to the kind of public interest law firm. The organization not for any specific year was 1986, and knowing Chip expertise they may bring, but rather, and Clint, I looked forward to hearing for their fundamental commitment to what they had to say. Not surprising- the mission of the Institute—securing ly, they brought passion, vision and the rule of law essential to a society intellect to the proposal. However, I of free and responsible individuals. had to give them my candid advice This Board is a marvelous collection when they asked, and that was that of deeply committed individuals who they were not quite yet seasoned give freely and much more than gen- enough to pull off the ambitious erously of their time, their energies agenda they had in mind. That set and their personal resources. the two of them off to develop the Added to that kind of commit- strategic litigation blueprints, fundrais- ment at the Board level, is a staff—a IJ Chairman of the Board Dave Kennedy personifies IJ’s ing talents, management acumen team—of individuals who, at their rela- commitment to principle and tireless devotion to action and other skills they brought together tively very young age, would make and results. when they finally launched the any idealist proud. They share com- By Dave Kennedy Institute for Justice ten years ago. pletely the Board’s commitment and The experience since then has been, devotion to principle. They work long It’s hard to believe it was more for me at least, a dream come true. hours, tirelessly and always without than 20 years ago when I first met Since the Institute began, it has complaint, to further the cause of indi- Chip Mellor, and Clint Bolick only the been characterized by a steadfast vidual liberty, and to vindicate the year following. We all lived out West commitment to principle and at the rights of our clients. All of this they do and became involved with a regional same time by a tireless devotion to in a very special way, which we have public interest law firm based in action and results. As anyone who all come to call simply “The IJ Way.” Denver, Colorado. Each of us felt has started a business in either the You just have to understand passionately about the overarching, profit or non-profit world knows, the how incredibly inspiring it is for all of coercive arm of government and its start-up phase is a make-or-break us to be affiliated with such an enter- intrusion into the daily lives of not just time of great intensity. That was cer- prise! each of us, but into the lives of plain, tainly true at the Institute for Justice. As we look ahead, the future of ordinary people everywhere. We tried I remember fondly, and with some IJ has never looked brighter. We to do something about intrusive gov- amazement, those early days when know there will always be challenges, ernmental action—about unaccount- we were confronting the challenge of but with the strength and integrity this able bureaucrats presuming to force actually creating an organization that organization has demonstrated over “solutions” and programs on others would leave its mark on constitutional the years, we will turn those chal- because those bureaucrats “knew jurisprudence. lenges—all of them—into opportuni- better what was good for us, than we Throughout the entire time, it ties. I want to thank everyone who ourselves did.” As time passed, each has been my great pleasure to work has been with us in this quest thus of us left the Rocky Mountain area with the incredible group of individu- far, and invite all of you to be part of and went our own separate ways. als on the Board of Directors and a very exciting future. How well I remember, then, with the devoted and amazingly tal- Chip Mellor’s phone call a few years ented staff, which Chip, with Clint’s Dave Kennedy is the Institute for later, asking to meet with me to dis- help, has put together. The Board Justice’s Chairman of the Board of cuss a proposal that he and Clint itself consists of both lawyers and Directors

3 IJ Scores Opening-Round Victory In New York Eminent Domain Challenge

By Marni Soupcoff had loomed imminent until Judge Baer’s tunity to challenge the condemnation of his It’s IJ one, New York bureaucrats decision. property. In a cruel sleight of hand, when zero. On January 18, 2001, the Institute William Brody bought his Port New York notifies an owner that it is taking for Justice scored an opening-round victory Chester buildings four years ago as an his property, it also tells him that it is too on behalf of New York property owners investment to support his wife, Carolyn, late to put up any legal defense to the tak- when U.S. District Court Judge Harold Baer and his three young daughters. He ing--a practice that flies in the face of the granted a preliminary injunction against the spent years renovating and restoring the Constitution’s Due Process Clause, which Village of Port Chester, New York. The structures, but just as he finished, the requires the government to provide notice injunction prevented the Village from using Village of Port Chester announced that it and a hearing before taking private proper- its power of eminent domain against prop- would condemn the buildings and give ty. This suit will, therefore, decide whether erty owner William Brody, pending the out- the land to a private developer to turn New Yorkers receive the meaningful and come of the ongoing constitutional chal- into part of a Stop ‘n Shop and its park- direct notice they are constitutionally due. lenge, brought by the Institute for Justice on ing lot. Until Judge Baer’s preliminary In the meantime, the case continues. behalf of Brody and two other New York injunction, the Village could have taken Taking issue with the judge’s injunction, the property owners, to New York’s Eminent and destroyed Brody’s property at any Village of Port Chester has given notice that Domain Procedure law. time, even while the judge was consider- it will appeal Judge Baer’s order to the U.S. In his 27-page opinion, Judge Baer ing the merits of the current suit. Court of Appeals for the Second Circuit. As found that Brody is likely to succeed on the This early victory is an important one the appeal and the rest of the litigation merits of his case challenging the lack of because so much is at stake. Ultimately, progress, the Institute for Justice will keep personal notice granted New York property IJ’s lawsuit will determine whether govern- up the good fight, sound in the knowledge owners whose land is taken by the govern- ment entities in the Empire State can take that William Brody’s property is safe while ment. The ruling gave hope to all New private property to give to other private par- the remainder of the case plays out. York property owners and granted Brody a ties without giving the owner timely, individ- reprieve from the threat of government con- ual notice. Under the current law, an Marni Soupcoff is a demnation and destruction of his Port owner is helpless to defend his constitution- staff attorney with Chester properties, a peril that al rights because he is never notified the Institute for Justice. of the 30-day peri- od that is his exclusive oppor- March 2001

Forfeiture continued from page 1 Thomas’ case, State of New sively enforce the laws, even at the Jersey v. One 1990 Ford expense of innocent owners’ consti- Thunderbird, arose in 1999 when tutional rights. For instance, since Thomas’ then 17-year-old son used the laws were changed in 1984 to Did you know?... her Thunderbird to sell marijuana allow law enforcement to keep for- without her knowledge or consent. feiture proceeds, federal agencies When it Comes to Private He was arrested by undercover offi- have collected more than $7.3 bil- Property, Governments Take cers, pled guilty and faced his pun- lion in property. ishment. But that did not end the In New Jersey, forfeiture laws First and Worry About the matter. In addition to pursuing the generate significant off-budget Constitution Later criminal case, the prosecutor also windfalls for law enforcement. As seized Thomas’ car in a civil forfei- the Asbury Park Press noted in the Under so-called “quick-take” statutes, like ture proceeding even though no same article, the Monmouth the one on the books in Connecticut drugs were found in the car, she County Prosecutor’s Office in New where IJ is representing property owners bought the car with a bank loan, Jersey alone spent about whose rights are being violated, the gov- and she unquestionably was not $235,000 from the forfeiture fund aware of and did not consent to her in the year 2000, amounting to ernment is permitted to use its power of son’s actions. almost half of its annual operating eminent domain to take private property Upon hearing of the judge’s budget, excluding salaries. Many of before the owner has a chance to mount decision in the courtroom, Thomas the forfeiture funds are used for any legal opposition or defense. It is said: “Of only after the government has taken legal course I’m “I’ve won my case; now I want to make sure title to the private property that the real happy to get the state stops cashing in on the property of owner is permitted his day in court. the title to my car and my other innocent owners.” –Carol Thomas bond money Eminent Domain: back, but most of all I’m happy what could be described as “quality No Longer Just Schools and that we’ll be able to help other peo- of life” enhancement for law Highways ple by changing this law. I’ve won enforcement. For instance, the my case; now I want to make sure Monmouth County Prosecutor’s Think the government only takes private the state stops cashing in on the Office used money from the forfei- property of other innocent owners.” ture fund for such items as property to make room for public proj- Having secured the return of $13,925 in expenses for a prosecu- ects like schools and highways? Think Thomas’ property, the Institute will tors’ convention, $1,588 for a again. Eminent domain has been used to now set out to demonstrate to the washer and dryer, which allows make way for everything from private court how policing and prosecuting forensics investigators to clean their industrial parks, shopping centers, park- for profit violates fundamental due overalls after returning from crime ing garages, retail shops and condomini- process guarantees. In an in-depth scenes and $3,121 for bar associa- ums, to an MGM Grand mega-resort. article on the Institute’s case follow- tion dues. ing the judge’s decision, the Asbury Through the discovery We are fast-becoming a government of, Park Press noted that “legal process, the Institute is compiling by and for the highest bidder. experts say the core argument in the data on the amount of forfei- the Cumberland County case, that tures in New Jersey and “following it is impossible for police to be the money.” The constitutional impartial when they derive a direct case will progress over the spring financial benefit from their actions, and summer of this year. may be the strongest challenge yet Scott Bullock is a senior attorney to the forfeiture laws.” with the Institute for Justice. The financial stakes in this battle are enormous, encouraging police and prosecutors to aggres-

5 HOME S SAVED By Scott Bullock Given the disregard of constitutional rights by so many government officials and their allies, it is pretty difficult to be shocked by the behavior of individuals who think nothing of steam- rolling the Constitution in pursuit of their grand schemes. But sometimes the attitude and actions of those in power are so ruthless, so offensive, that it shocks even those of us who

treat this behavior almost as routine. unspecified development projects is ovation by Richard Beyer, one of the They also serve as a stark reminder of supposedly designed to enhance the property owners. (He had previously the type of people we face in litigation. Pfizer facility. restored the house next door to pris- Perhaps nowhere was this cal- We filed suit on December 20, tine condition.) Come February 5, lous disregard for property rights 2000 to challenge this outrageous the NLDC could have demolished more on display than in the recent abuse of eminent domain. Despite these properties. actions of the City of New London the fact that the City and the NLDC Because of the February 5 dead- and its ally, the New London did not even have to answer our com- line, I contacted the NLDC’s legal Development Corporation (NLDC). As plaint until mid-February, in early counsel and asked whether the NLDC you may recall from our last newslet- December the NLDC applied for dem- would voluntarily agree to suspend ter, we represent a group of seven olition permits for some of the proper- the demolitions of the properties property owners (the New London ties owned by our clients. Under owned by the plaintiffs until the court Seven!) who are fighting to hold onto Connecticut law, there is a 60-day heard the case. (Almost all of our their homes and businesses in the public notice period before a party dealings in this case have been with Fort Trumbull neighborhood. The cur- can demolish a building. That period the NLDC, a private corporation, rent controversy began in 1998 when expired on February 5, 2001. While because the City has incredibly—and pharmaceutical giant Pfizer built a most of the properties owned by the unconstitutionally—given its eminent plant next door to the neighborhood. plaintiffs are occupied (and therefore domain authority to a private develop- Shortly thereafter, the City and the not in immediate danger), some of ment body.) NLDC’s counsel NLDC determined that someone the properties are rental, and the informed me that any decision on other than the existing home and NLDC was actively trying to move ten- suspending the demolitions would business owners could make better ants out of the buildings. The NLDC have to be made by the NLDC’s use of the land. So the government claimed that because it filed eminent board of directors at its next sched- and the NLDC condemned these domain actions, it was now the real uled board meeting on February 13, properties not for a public use, such owner of the properties and that all 2001. I then inquired whether the as a road or public school, but for pri- remaining rents had to be paid to the NLDC would agree to suspend demo- vate economic development. The NLDC (even though the original own- litions from February 5 (the date the new development, consisting of a pri- ers were still paying for mortgages NLDC could proceed with demoli- vately owned hotel, a health club, and insurance). Moreover, one of the tions) to February 13 (the date of the office space, new housing and other properties was vacant and under ren- board meeting). Demonstrating its

6 March 2001

arrogance and contempt for the law and the Constitution, the NLDC refused. That refusal to suspend the demolitions necessitated the Institute filing a motion for a temporary restraining order on January 31. It was the only way to ensure that the NLDC did not move to demolish the proper- ties while the lawsuit over eminent domain progressed. While I appeared in court on February 5 attempting to obtain a restraining order, property owners and their support- ers held a vigil around the vacant property to ensure it was not demolished. As he describes in more detail the next col- umn over, IJ Vice President for Communications John Kramer camped out overnight in the vacant, uninsulated, unheated property from midnight February 5 until the court appearance IJ Vice President for Communications John Kramer kept watch through the to guarantee that the NLDC did not move in with bulldozers to night to ensure the government didn’t destroy a client’s home. raze the properties until the court hearing. (Okay, in case you are wondering, I stayed at the Radisson, but I had to be coherent in court the next day!) The filing of the request for a Vigil at 41 Goshen Street restraining order and the February 5 hearing touched off two By John E. Kramer weeks of intense negotiations before Judge Robert Martin “inspected” his property, taking claw among the Institute for Justice, the City and the NLDC. Jefferson’s quip returned to me hammers to the siding he had These talks culminated in an agreement on February 21. as I lay freezing on the dusty floor- installed, vandalizing the tinning he As a result of this agreement, the homes and businesses boards that 20-degree February night: spent hours painstakingly bending of the Fort Trumbull neighborhood will remain standing, occu- “We are not to expect to be translated around each window, and tearing a pied and rented until a decision has been reached in our chal- from despotism to liberty in a feath- gash in the porch ceiling. They pad- lenge to the eminent domain actions. In addition to the guar- erbed.” I listened for the bulldozers I locked the front door and hung a sign antee that there will be no demolitions or evictions of the resi- expected to soon stand before, bull- warning the home was slated for dem- dents, the owners of the rental properties will also be able to dozers sent by the government to olition. Unwilling to pump more rent out the properties during the course of the litigation. As destroy a home it didn’t own. “If this money into a project he might ulti- mentioned previously, before we filed for the restraining order, is the price to ensure a man’s house mately lose, Richard stopped the reno- the NLDC had claimed full ownership of the buildings, moved is free,” I thought, “I’ll happily pay it.” vation. He tore out their padlock and tenants out and argued that any rents remaining must be Richard Beyer, the rightful owner replaced it with one of his own, leaving paid to the NLDC. That has been stopped. Now, the true of 41 Goshen Street in New London, 41 Goshen hollow and dark. owners of the buildings will be able to offer their apartments Connecticut, poured himself into As the effective date and homes for rent. restoring his newly purchased proper- approached for the NLDC’s permit to The agreement also set a schedule for resolving the ty. With his neighbors’ help, he destroy Beyer’s home, IJ sought case. Discovery will take place throughout the remainder of hauled away dumpster-loads filled with assurance that the corporation would March and April, and the trial in the case is currently sched- refuse from the yard. Rather than tak- not bulldoze Beyer’s home in the 12- uled for May 21. The property owners can rest easy knowing ing the easy route of razing the proper- hour gap between midnight on that they will not lose their homes or incomes while the ty and starting afresh, the stonemason February 5, when the permit would Institute focuses on the legal issues in the case. preserved the outer structure and tore take effect, and noon, when a court out everything inside down to the conference would decide the immedi- Scott Bullock is a senior attorney with the Institute for Justice. studs, the floorboards and the home’s ate fate of his and other homes. But IJ Client Bill Von Winkle painted this greeting on the side of his outer shell. He planned to renovate the NLDC refused even such a reason- building, which is next to both a main road and railway into this home in a Victorian style as he able assurance. Left unguarded, the New London. had done with a property next door home could be destroyed. across the 20,000-brick parking area With IJ attorney Scott Bullock he had laid by hand. needing to be fresh for the court con- In the middle of his refurbish- ference and the home owner having to ment, however, the New London work the next day, I traveled to New Development Corporation (NLDC) London to keep a vigil in Beyer’s home informed Richard it was taking both to block any demolition. I was joined his homes to build a private health by a Christian Science Monitor club. NLDC-hired goons then Vigil continued on page 9

7 Viva Las Vegas Limos

against any would-be independent operators, and Rey operated three limousines showed that the TSA is a hopelessly rigged at the peak of his business, providing agency that has been running roughshod over luxury limousine service and earning our clients’ constitutional rights. IJ’s one-two the respect and business of a long list Clark Neily gives an interview in front of the Las punch of Neily’s pitbull litigation style and IJ of repeat clients (including Steven Vegas court after one of the six days of trial. Senior Attorney Dana Berliner’s razor-sharp con- Spielberg and George Clooney). At stitutional law expertise more than matched the the end of his testimony, one of the By Deborah Simpson eight attorneys representing the defendants and lawyers for a licensed limo service intervening limousine companies. asked Rey, “If one of your drivers After more than three years of suffering at the IJ client Rey Vinole painted a stark picture of wanted to start his own company, tak- hands of the Transportation Services Authority (TSA) the system. He told the court how when he applied ing away some of your clients, would- and the existing limousine companies, IJ’s inde- for a state license to operate, three existing compa- n’t you want to intervene in his appli- pendent limousine clients finally had their day in nies intervened to challenge his application. Faced cation and have something to say court in a trial challenging Nevada’s limousine with the debilitating costs intervenors would impose, about that?” Crystallizing the heart of licensing scheme. The trial exposed the system for Rey could either cut a deal with existing companies the case, Rey, without hesitation, what it is: a private cartel that uses government’s and limit his service so as not to compete with proudly stated, “No. That is none of power to limit competition. IJ and its clients demon- them, or he could be “run to death” in the TSA’s my business. That is everybody’s right strated how existing companies keep out newcom- “papermill” (in the words of TSA Chairman Paul in America, to open your own busi- ers and how the TSA applies its force in an arbitrary Christiansen.) When asked if he tried to cut a deal, ness and be allowed to compete.” and biased manner. he said he didn’t think it was right for those compa- Even testimony from current From IJ attorney Clark Neily’s opening state- nies to force him to do that, so he withdrew his and former TSA employees supported ment, the Institute for Justice described how application and operated without one, taking the our clients’ claims. Ex-enforcement Nevada’s regulatory system is deliberately stacked chance of being stopped by the TSA. officer John Riggle testified, as some- one who has seen the system from the inside, that the system does not Money Transfers From Limousine Driver’s Pocket to TSAs give independent limo operators a fair opportunity to receive an operating certificate. And the chairman himself, TSA Limousine TSA Limousine TSA Driver Driver Paul Christensen acknowledged that there is no limit on the cost or dura- tion of an application and no way for TSA an applicant to know at the onset TSA TSA TSA what his chances are of getting a Judge license if he survives the process. TSA Issues Citation TSA Driver $ Citation Challenged TSA Imposes Fine Pays Fine This is the very antithesis of due Enforcement $ Officer/ $ TSA Fine Witness Account process, and we have asked the trial judge to fix the system so that it

Enforcement respects the constitutional rights of Officer our clients and similarly situated inde- Prosecutor B U pendent limousine operators. A ruling Y is expected in mid-April.

Deborah Simpson is the Institute for TSA TSA TSA TSA Justice’s Managing Director.

8 March 2001

Vigil continued from page 7 reporter who recognized a good story and want- Litigation Update ed to be in the best possible place to report first- hand on any developments. Before we headed over, neighbors streamed in with provisions, like homemade brownies, a ther- mos of hot coffee and flashlights with extra batter- ies. These salt-of-the-earth people are used to look- ing out for one another, a quality that defines a neighborhood much more than the promise of an expanded tax base or possible new jobs. At 3 a.m., while staring through cracks in the home’s outer walls at the black, night air, it struck me, “According to Connecticut law, I’m trespassing.” (When an agency like the NLDC moves to condemn someone’s home, title immediately—and unconstitu- tionally—transfers from the owner to the condemning New York City Vans authority.) I laughed and informed the reporter of New York commuter van operators fought their latest round in court on this fact. He jokingly reassured me that at least he February 21, seeking to strike down protectionist laws that keep them from provid- would be bailed out by his editor the next morning. ing the safe, affordable, efficient transportation so desperately needed in their Throughout the night, I arose to make sure no communities. Appearing on their behalves in New York Appellate Court, Chip heavy machinery that passed by was our awaited Mellor (who only four days before had broken a vertebrae in his back) urged the guests. At 5 a.m. a truck stopped out front. I stood court to overturn laws designed to keep vans from competing with the woefully to greet whomever it was. There was a pounding inefficient public bus system. A decision is expected later this year. Meanwhile, on the door and a voice bellowed, “You in there?!” thanks to IJ’s earlier success in this case, several hundred new vans are now on “This is it,” I thought. “It’s either the police the streets taking people to work and putting people to work. As van entrepreneur or the demolition crew.” Lateef Ajala said in the Wall Street Journal, “Work is the medicine for poverty.” It was neither. It was Matt Dery, another neighbor who, despite having the day off, woke up at God knows what hour to drop off the best Dunkin Donuts coffee I have ever had as well as Gearing Up for the Supremes some breakfast sandwiches. As morning broke, I stood outside greeting still Litigation Director Clint Bolick, Outreach Director Maureen Blum and more neighbors and local activists who gathered to Communications Coordinator Melinda Ammann went to Cleveland on February 22 form a human shield around the threatened home. As to begin grassroots preparation for the anticipated battle over the Cleveland school it turned out, I did not come face to face with any bull- choice program in the U.S. Supreme Court. The team visited several schools and dozer’s steel blade. What I did confront, however, was participated in a parent meeting at the Fatima Community Center hosted by an even clearer realization of how wrong the NLDC is Cleveland City Councilwoman Fannie Lewis. Bolick also debated Cleveland teach- in destroying the properties of such decent people … ers’ union official Michael Charney at Case-Western Reserve Law School. properties to which the NLDC has no right. Jefferson was right. We are not to expect to be translated from despotism to liberty in a feath- erbed. Sometimes we must lay on cold and dusty floorboards on a sub-freezing Connecticut night. To preserve freedom requires action and some- times sacrifice, perhaps even putting yourself in harm’s way. The idea that “freedom isn’t free” doesn’t just apply to donors. It applies to everyone who truly cherishes the freedom others before us won and passed down to us to be guarded for the next generation.

John E. Kramer is IJ’s vice president for communications.

9 Attorney Stinneford Joins the IJ Clinic

By Patricia H. Lee American fiction. He also Filling the Assistant Director spent time tutoring inner-city position at the IJ Clinic was no easy children in the Roxbury and task. The job requires someone Dorchester neighborhoods of who is not only an attorney, but Boston. also a teacher, and someone with a After three years in the strong commitment to help entre- English Department, John IJ Clinic Assistant Director John Stinneford applies his back- preneurs overcome the barriers to entered Harvard Law School. ground in law and teaching to help both law students and entre- preneurs. entry created by our complex legal While in law school, he con- and regulatory environment. After tinued to teach in the English conducting a nationwide search, we department and to tutor inner-city eral clients in criminal and civil found the individual who fit that children. Now that is dedication. matters on a pro bono basis. description perfectly: John He also served as a teaching assis- Since joining the IJ Clinic on Stinneford. tant for a Federal Litigation class at Entrepreneurship in December, John, the son of a lawyer and the law school. John served as John has jumped into the middle of a teacher, grew up in Chicago and Executive Editor of the Harvard our defense of several taxicab affili- knows the city well. He attended Journal for Law & Public Policy, and ations in administrative penalty pro- the University of Virginia, where he was named Best Oralist in the semi- ceedings brought by the City of tutored underprivileged children, final round of Harvard’s moot court Chicago. He has quickly engaged founded a literary discussion group competition. In 1996, John gradu- students at the Clinic and oversees called the C.S. Lewis Society, and ated from Harvard Law School with more than one-third of the client obtained a B.A. with Highest honors. work. As John settles into his new Distinction in English Literature. Since that time, John has pri- role, we will continue building on Awarded a Mellon Fellowship in the marily practiced law in the litigation the incredible success of the IJ Humanities, John then entered the arena. He served as a law clerk to Clinic in educating students, serving English Language and American U.S. District Court Judge James our clients and working towards the Literature PhD program at Harvard Moran in Chicago and then entered transformation of inner-city life University, where he earned a the litigation department of Winston through the power of the entrepre- Masters degree and gained valuable & Strawn, a large Chicago law firm. neurism. experience as a teacher. John At Winston, John obtained extensive served as a teaching fellow and experience in motion practice and Patricia H. Lee is director of the Institute for Justice tutor for Harvard undergraduates, took numerous depositions. He Clinic on Entrepreneurship. teaching subjects ranging from also showed a strong commitment medieval poetry to post-modern to public service, representing sev-

10 March 2001

Volume 10 Issue 2

About the publication Liberty & Law is published bimonthly by the Institute for Justice, which, through strategic Quotable Quotes litigation, training, communication and out- reach, advances a rule of law under which individuals can control their own destinies as free and responsible members of society. It 3 News at 10 PM litigates to secure economic liberty, school WLBT TV/NBC choice, private property rights, freedom of speech and other vital individual liberties, “Nissan gets the land, the taxpayers of the and to restore constitutional limits on the state of get the bill and these peo- power of government. In addition, it trains ple get the boot. That is wrong, it’s unconstitu- law students, lawyers and policy activists in tional and it must and it will be stopped.” the tactics of public interest litigation to advance individual rights.

Through these activities, it challenges the ide- ology of the welfare state and illustrates and extends the benefits of freedom to those whose full enjoyment of liberty is denied by “Washington Journal” government. C-Span

Editor: John E. Kramer “As a libertarian-conservative, we don’t Layout & Design: Don Wilson expect all that much out of the federal govern- ment. What we hope is that they won’t mess How to Reach us: things up too badly. Which is often a very lofty hope.” Institute for Justice 1717 Pennsylvania Avenue, N.W. Suite 200 Washington, D.C. 20006

General Information . . . . . (202) 955-1300 Fax: ...... (202) 955-1329

Extensions: “Seven property owners in the Fort Trumbull neighborhood...filed a lawsuit today in Donations ...... 209 State Superior Court here seeking to prevent the condemnation of their homes and Media ...... 205 businesses. Their efforts are being backed by the Institute for Justice, a nonprofit Potential Cases...... 290 public interest law firm in Washington that specializes in helping property owners fight confiscation under eminent domain. The institute has won some well-publi- cized cases, including that of Vera Coking, a widow whose home in Atlantic City was Website: www.ij.org going to be seized for the expansion of the Trump Plaza Hotel and Casino. That E-mail: [email protected] case, decided by a state court in 1998, focused on whether the state could con- demn land on behalf of someone else.”

11 I’m fighting a private agency that’s been given the government’s power of eminent domain. It’s trying to take my home and my neighbors’ properties not for public use, but for private economic development, including a health club and hotel. I am fighting for my rights and my home. I am IJ.

Susette Kelo New London, Connecticut www.IJ.org Property Rights

Institute for Justice NON-PROFIT ORG. U.S. POSTAGE "The Institute for 1717 Pennsylvania Avenue, N.W. PAID Suite 200 Justice’s mission is PERMIT NO. 5775 Washington, D.C. 20006 WASHINGTON, D.C. opposing government infringement of individual rights." —U.S. News & World Report