April 2018 Volume 27 Issue 2 The Kelo Case Hits the Big Screen Published Bimonthly by IJ Fights to End For-Profit Prosecution in California • Victory for Free Speech at the Colorado Supreme Court the Institute for Justice IJ’s Network of Volunteer Lawyers Expands the Fight for Liberty • Victory! Mario Levels Up, Unlocks Free Speech Achievement Does the Eighth Amendment Protect Against State and Local Forfeitures? • Overcoming Hurdles, The IJ Way contents The Kelo Case 4 Hits the Big Screen 4 John E. Kramer IJ Fights to End For-Profit 6 Prosecution in California Joshua House Victory for Free Speech at the Colorado Supreme Court 8 Paul Sherman IJ’s Network of Volunteer Lawyers Expands the Fight 10 For Liberty Dana Berliner Victory! Mario Levels Up, Unlocks Free Speech 12 Achievement Robert Frommer 10 Does the Eighth Amendment Protect Against State and 14 Local Forfeitures? Sam Gedge Overcoming Hurdles, The IJ Way 16 Robert McNamara Notable Media Mentions 14 19 2 6 8 April 2018 • Volume 27 Issue 2 About the publication: Editor: Liberty & Law is Shira Rawlinson and published bimonthly John E. Kramer by the Institute for Layout & Design: Justice, which, through Laura Maurice-Apel strategic litigation, training, communication, General Information: activism and research, (703) 682-9320 advances a rule of law Donations: Ext. 233 under which individuals 12 can control their Media: Ext. 205 destinies as free and Website: www.ij.org responsible members of society. IJ litigates Email: [email protected] to secure economic Donate: liberty, educational www.ij.org/donate choice, private property rights, freedom of facebook.com/ speech and other vital instituteforjustice individual liberties, and to restore constitutional youtube.com/ limits on the power of instituteforjustice government. In addition, IJ trains law students, twitter.com/ij lawyers and activists in the tactics of public instagram.com/ interest litigation. institute_for_ Through these activities, justice 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 16 government. APRIL 2018 3 The Kelo Case Hits the Big Screen Little Pink House is a Tribute To Our Clients and to IJ BY JOHN E. KRAMER and starts over in a new town. She buys You know an organization has a rundown cottage in New London, reached a new level when its stories Connecticut, refurbishes it and paints are retold on the silver screen by major it pink. Then she discovers powerful Hollywood stars. politicians are bent on bulldozing her In April 2018, Little Pink House, blue-collar neighborhood to make way which recounts IJ’s iconic case to save for condos and office buildings designed the homes of Susette Kelo and her to benefit the new headquarters of phar- neighbors, hits the big screen. The film maceutical giant Pfizer, which is on the stars two-time Oscar nominee Catherine brink of releasing its new drug Viagra. Keener (Being John Malkovich and The redevelopment effort is spearheaded Capote) as Susette. by Susette’s nemesis Charlotte Wells, The movie, based on the book of the played by Jeanne Tripplehorn (The Firm same name by Jeff Benedict, tells the and Basic Instinct)—an ambitious and true story of Susette Kelo, a small-town accomplished college president who has paramedic who leaves a bad marriage a to-die-for Rolodex. With IJ’s help, Susette 4 Little Pink House tells the true story of IJ’s fight to save the homes of Susette Kelo and her neighbors. The movie stars Catherine Keener as Susette, and Jeanne Tripplehorn as her nemesis. The film documents how IJ’s integrated approach to litigation, communications, activism and legislative outreach elevates our battles on behalf of ordinary Americans and transforms them into issues of national importance. emerges reluctantly as the leader of her The film documents the human cost neighbors in an epic battle that goes all of eminent domain abuse and features the way to the U.S. Supreme Court. Her actors playing IJ cofounder and now- fight inspires a nation and helps millions Board Chairman Chip Mellor, IJ President of Americans protect their homes. Scott Bullock, Senior Vice President and As you will soon see, Little Pink Litigation Director Dana Berliner and House is in many ways a tribute to yours truly. It documents how IJ’s inte- the courage of Susette and the other grated approach to litigation, communica- homeowners we represented, and an tions, activism and legislative outreach illustration of the power of IJ’s litigation. elevates our battles on behalf of ordinary Little Pink House continued on page 18 The real life Susette Kelo is an American hero who Susette’s case went all the way to the U.S. Supreme Court. stood up against the government that wanted to bull The infamous decision led to a nationwide backlash doze her neighborhood for a private developer. - against eminent domain abuse. APRIL 2018 5 IJ Fights to End For-Profit Prosecution in California BY JOSHUA HOUSE Ramona saved for years to purchase multiple small For almost two decades, IJ has led the fight to properties. She refurbished many of those proper- end policing for profit, the troubling trend in which ties herself with the help of family and friends. And law enforcement uses citizens as ATMs. A recent she eventually sold some properties to longtime case fighting this injustice expands on our work to tenants at discounted prices. end civil forfeiture and government’s ability to pad In 2015, Ramona received two warnings, a crim- its budgets using excessive inal citation, and even an arrest fines and fees. In California’s warrant, each saying that a tenant Watch the case video! Coachella Valley, a little-known of hers was illegally keeping for-profit policing tactic can turn chickens. Overkill for a few minor infractions—like a $225 chickens, but it appeared easy ticket for having chickens in a enough to resolve. Ramona made suburban backyard—into a nearly sure that the tenant complied by $6,000 bill from a private, for- removing the chickens and then iam.ij.org/IndioFines profit law firm. went to court to pay the citation. Welcome to the world In court, she pleaded guilty and of “prosecution fees,” where cities outsource explained to the judge that the chickens had been their code enforcement to a private law firm. In removed. She paid the $225 in fines, fees and costs, California, the law firm’s business model is straight- believing the matter was over. forward: Hire us to be your city’s prosecutor and But nearly a year later, Ramona received a bill we will bill property owners for every second spent from Silver & Wright LLP, the law firm employed by prosecuting cases at private firm rates—sometimes Indio. The letter explained that the city was entitled to costing thousands more than the original fine. This recoup all costs for the criminal prosecution and that unconstitutional scheme has turned otherwise those costs included the hourly rates billed by Silver minor infractions into big business for both Indio, & Wright. It requested that Ramona send a cashier’s California, and the law firm, at the expense of check of over $3,000 made out to Silver & Wright. homeowners’ due process rights. None of this sounded right to Ramona. After Ramona Morales is a 79-year-old property all, she had already paid her fines. She decided to owner who found herself inside the “prosecution appeal the bill, but lost. Again, Ramona was billed fees” system. nearly $3,000—this time for the supposed cost of Ramona is a housekeeper and retired Avon preparing for the appeal. makeup saleswoman. Having learned about prop- She was able to get a cash loan from her son, a erty investment from her housekeeping clients, U.S. Marine, to pay the fees. Yet she was left bewil- 6 Ramona Morales is caught up in a little-known for-profit policing tactic that turned a $225 ticket into a nearly $6,000 bill from a private law firm. dered. That is, until a local newspaper investigation revealed that Ramona was not alone. In November 2017, the Desert Sun reported that many others had been put through the same prosecution fees scheme by the cities of Indio and Coachella. That is when IJ got involved. As part of IJ’s national campaign to fight for-profit policing, we teamed up with Ramona to file a class action lawsuit to shut down this unconstitutional prosecution fees system and return the money paid by Ramona and others in her situation. Both federal and California courts have already made it clear that it is illegal for prosecutors to have a direct financial interest in the cases they bring. That is why IJ will keep fighting until we end this type of policing for profit in California and elsewhere.u Joshua House is an IJ attorney. APRIL 2018 7 Victory for FREE SPEECH at the Colorado Supreme Court BY PAUL SHERMAN against CBF. To escape this harassment, CBF shut In a ruling that will benefit hundreds of citizens down with the help of a volunteer lawyer. But this only and political groups throughout the state of Colorado, triggered a fourth lawsuit by a group Arnold founded, the Colorado Supreme Court on January 29 unani- Campaign Integrity Watchdog (CIW), alleging that the mously ruled that pro bono and reduced cost legal volunteer lawyer’s services should have been reported services to political organizations cannot be regulated as a campaign contribution. as political “contributions” under Colorado’s campaign Unfortunately, in April 2016, the Colorado Court finance laws. The ruling in Coloradans for a Better of Appeals agreed, handing down a ruling that Future v.