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Fourth Amendment rights general freedom

Evicting Unjust Evictions

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Good news: New York City businessmen can no longer be threatened with eviction and forced to forfeit their rights for the crime of . . . well, for no crime at all.

Sung Cho, owner of a Manhattan laundromat, is one of many victims of an eviction-and-extortion racket perpetrated by the city.

For years, business owners have faced eviction because of offenses that occurred on the premises of their business — even if the owner was ignorant of the alleged offenses before they were committed.

In 2013, police entered Cho’s laundromat to sell supposedly stolen goods. After a couple of people unconnected to the business accepted the offer, the NYPD threatened Cho with eviction. Even though neither Cho nor his employees were accused of doing anything illegal.

Cho felt he had no alternative but to waive his right not to be subjected to warrantless searches, and grant police access to his security cameras, and forfeit his right to a hearing if ever penalized for alleged criminal offenses in the future. To avoid eviction, he accepted those obnoxious terms.

But he didn’t leave it there. In 2016, Sung Cho teamed up with the Institute for Justice to sue the city.

After many ups and downs, the final result is that the law so often used as a club against innocent business owners has been changed. Also, the NYPD must obey a binding order that it “shall not enforce or seek to enforce” the terms of agreements imposed under the old law.

A big win for lots of small businesses against tyrannical actions by government.

This is Common Sense. I’m Paul Jacob.


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