Tag: Institute for Justice

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Fifth Amendment rights property rights

Blight Fight

Institute for Justice, property rights

The government destroyed the new fixer-​upper of handyman Eric Arnold, migrant from New Jersey to Georgia, even as he was diligently renovating it. The rationale of Macon-​Bibb County: fighting blight. 

Blight that Arnold was already fighting himself.

What happened to Arnold was not an isolated occurrence.

Institute for Justice reports that over the last few years, “Macon-​Bibb County has demolished over 800 houses that it has designated as blighted through a fast-​tracked, secret code enforcement process that completely avoids court proceedings and deprives property owners of a meaningful chance to protect their property.”

Sometimes, the county doesn’t even notify owners.

Arnold discovered what was about to happen only because a neighbor alerted him that a demolition crew was installing a dumpster on Arnold’s property. He provided officials with evidence of the improvements he was making. But it was like talking to a brick wall. The county’s only answer was to speed up the process.

“To spend all that time and money and sweat and end up with nothing but a bare piece of land, it’s devastating,” he says.

IJ attorney Dylan Moore says that Macon-​Bibb “should welcome skilled home renovators like Eric with open arms. Instead, county officials made demolishing Eric’s house ‘high priority’ after Eric asked for help.…”

IJ and Arnold are suing the county to try to spare others from the loss that he has been made to suffer without any due process whatever. It’s the county’s unconstitutional system that needs demolishing.

This is Common Sense. I’m Paul Jacob.

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crime and punishment local leaders

Okay, Not Okay

Melisa Robinson, Institute for Justice

Melisa Robinson won her case.

After years in lower courts, she prevailed definitively in the Oklahoma Supreme Court. The court ruled that the town of Okay, Oklahoma, must compensate her for their taking of her property.

But the town balked — the judgment has not been obeyed. The town says that the department that dug the sewer line, the Okay Public Works Authority, has no money. And that the city is not responsible for the bill even though the Authority is run by the city.

More litigation, this time federal litigation — which Robinson is undertaking with the help of Institute for Justice — is required to force the town to comply with the result of the previous litigation.

Robinson’s problems began in 2009, when city workers dug a sewer line through her family’s mobile home community without any legal right to do so and without even notifying the property owners in advance, causing much damage in the process.

A jury award for the damage was overturned on appeal. But in 2022, the Oklahoma Supreme Court ruled that the city owed an amount that with attorney’s fees and other costs totals more than $200,000 today.

“Okay needs to pay what the Oklahoma Supreme Court says it owes me,” says Melisa Robinson. “If the city can do this to me, there’s nothing stopping any government from doing the same thing to others. I want to be paid and I want to put a stop to this before it catches on.”

It would certainly be the opposite of Okay to see this practice “catching on” beyond Okay.

This is Common Sense. I’m Paul Jacob.

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Photo provided by Institute for Justice

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Accountability U.S. Constitution

You Could Look It Up

IJ, Institute for Justice, GPA

Your constitutional rights have been violated. Now what?

One thing you can do is find out exactly where you stand with respect to what the Institute for Justice calls “clearly established law.” IJ has created a new research tool, the Constitutional GPA, to help lawyers and others identify relevant legal decisions.

The tool is designed to help users make government accountable despite the many confusing barriers to accountability. The “GPA” in the name refers both to “grade point average” and the question that is part of the tool’s graphic design: “Is your Government Preventing Accountability?”

Doctrines of qualified immunity and other special rules often prevent government officials who violate your rights from being held responsible unless courts have ruled otherwise with respect to specific rights-​violating actions. Exactly what the law permits or proscribes can vary widely in different jurisdictions.

The interactive tool grades state governments and federal courts of appeal based on how they treat claims of immunity and helps users “identify the clearly established law necessary to defeat qualified immunity.”

IJ gives the example of a government employee’s unjustified search of your car supposing this takes place in Nevada. Answering a few simple questions enables one to search the Constitutional GPA database of hundreds of cases to find about a dozen pertinent legal decisions.

So if you find yourself on the wrongest of wrong ends of the State, watch the Institute’s YouTube video on how to use the new tool and try it out at the ij​.org/gpa web page.

This is Common Sense. I’m Paul Jacob.

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education and schooling judiciary

School Choice Rescued

Tennessee, education, schools

Though not yet a complete victory for school choice, a recent decision by the Tennessee Supreme Court constitutes a big win for the Tennessee Education Savings Account Pilot Program.

The court rejected a major claim in a lawsuit filed by Nashville County and Shelby County to challenge the constitutionality of the program, which awards scholarships up to $7,300 to qualifying students so they can escape failing public schools.

The lawsuit contends that the program flouts a rule prohibiting the state legislature from passing local laws that are “applicable to a particular county . . . either in its governmental or its proprietary capacity.”

Judging that school districts aren’t counties and that the ESA program does not impair the ability of counties to govern themselves, Tennessee’s highest court threw out a determination to the contrary by lower courts and sent the case back down for review of other claims in the lawsuit.

The Institute for Justice and the Beacon Center of Tennessee, which have been working together on the case, are optimistic about the final outcome.

According to IJ attorney Arif Panju, the ruling means that “thousands of Tennessee parents and children trapped in failing school districts can look forward to seeking a better education this fall at a school of their choice.”

In its description of the program, the Tennessee government mentions the lawsuit and expresses the hope that the state will “succeed on appeal” and begin enrolling students in 2022.

This is Common Sense. I’m Paul Jacob.

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Fifth Amendment rights First Amendment rights Fourth Amendment rights general freedom

Three Decades of Justice

IJ, Institute for Justice, law

Since September 1991, the libertarian law firm founded by Chip Mellor and Clint Bolick has been fighting for the rights of its clients against governmental assault.

For no charge, Institute for Justice helps people stripped of options fight for:

● The right to keep one’s land (and what’s on it).

In 2001, the city of Mesa, Arizona launched eminent-​domain proceedings against Bailey’s Brake Service, owned by Randy Bailey. The plan was to destroy the shop and give the land to a hardware store, not a constitutionally permitted “public use.” Bailey and IJ eventually prevailed in court.

● The right to make a living despite arbitrary professional licensing.

The Louisiana State Board of Cosmetology demands that aspiring hair braiders submit to hundreds of hours of training and pay for an expensive license to ply their trade. IJ is challenging the requirement on behalf of clients Ashley N’Dakpri, Lynn Schofield, and Michelle Robertson.

● The right to keep one’s cash despite arbitrary civil forfeiture — i.e., the power of police and prosecutors to grab your money or other belongings without charging you with a crime.

One recent victim is Marine Corps veteran Stephen Laura, whose $86,900 was looted by the Nevada Highway Patrol. The Institute has agreed to help him get it back.

And so on.

It doesn’t look like governments will stop interfering with our ability to live and work any time soon. 

“Eternal Vigilance”? Thy name is IJ.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights folly general freedom moral hazard nannyism responsibility too much government

Legal Not to Lie About Your Milk

milk, Institute for Justice, regulations, Ocheesee Creamery, Department of Agriculture, too much government

Mary Lou Wesselhoeft doesn’t have to lie about the milk she’s selling. The Florida Department of Agriculture has lost in court. Mary Lou has won.

Ocheesee Creamery sells pasteurized milk without any additives. One of her products is skim milk. Ocheesee sells skim milk without vitamin additives, which is perfectly legal to do. But the Florida government claims that only skim milk with the additives counts as real “skim milk,” the kind you can call skim milk in speech to customers. (Kafka, did you write this horror story? Fess up!)

Give credit to the judge who asked: “Can the state, consistent with the First Amendment, take two words out of the English language and compel its citizens to use those words only as the government says?” The reply of the government’s lawyer? “Yes.”

Creepy.

Mary Lou’s victory is also a victory for all Americans who want to exercise their right to tell the truth about what they’re selling. And it’s a victory for the Institute for Justice, which took up the case on her behalf. At its website, IJ points out how easy it would be to annihilate freedom of speech by letting the government redefine words at will. We’re not free if our freedoms can be arbitrarily defined away by the people in power.

The Institute specializes in defending our rights against senseless government intrusions. Until such laws and regulations are repealed, it seems that the Institute will always have much to do — unfortunately. But, fortunately, it keeps on doing it.

This is Common Sense. I’m Paul Jacob.

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