Attach to Form 990 or Form 990-EZ.
Information about Schedule A (Form 990 or 990-EZ) and its instructions is at www.irs.gov/form990.
| (i)Name of supported organization | (ii) EIN | (iii) Type of organization (described on lines 1- 9 above (see instructions)) | (iv) Is the organization listed in your governing document? | (v) Amount of monetary support (see instructions) | (vi) Amount of other support (see instructions) | |
|---|---|---|---|---|---|---|
| Yes | No | |||||
| Total | ||||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2011 | (b) 2012 | (c) 2013 | (d) 2014 | (e) 2015 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any unusual grants.) .... | 18,582,104 | 18,598,848 | 23,917,519 | 30,397,072 | 26,553,699 | 118,049,242 |
| 2 | Tax revenues levied for the organization's benefit and either paid to or expended on its behalf....... | 0 | |||||
| 3 | The value of services or facilities furnished by a governmental unit to the organization without charge.. | 0 | |||||
| 4 | Total. Add lines 1 through 3 | 18,582,104 | 18,598,848 | 23,917,519 | 30,397,072 | 26,553,699 | 118,049,242 |
| 5 | The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included on line 1 that exceeds 2% of the amount shown on line 11, column (f).. | 23,607,699 | |||||
| 6 | Public support. Subtract line 5 from line 4. | 94,441,543 | |||||
Calendar year
(or fiscal year beginning in) ![]() |
(a) 2011 | (b) 2012 | (c) 2013 | (d) 2014 | (e) 2015 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 7 | Amounts from line 4.. | 18,582,104 | 18,598,848 | 23,917,519 | 30,397,072 | 26,553,699 | 118,049,242 |
| 8 | Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources... | 85,201 | 161,654 | 173,350 | 330,583 | 626,413 | 1,377,201 |
| 9 | Net income from unrelated business activities, whether or not the business is regularly carried on.. | ||||||
| 10 | Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.).. | 0 | |||||
| 11 | Total support. Add lines 7 through 10. | 119,426,443 | |||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2011 | (b) 2012 | (c) 2013 | (d) 2014 | (e) 2015 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") . | ||||||
| 2 | Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose...... | ||||||
| 3 | Gross receipts from activities that are not an unrelated trade or business under section 513... | ||||||
| 4 | Tax revenues levied for the organization's benefit and either paid to or expended on its behalf... | ||||||
| 5 | The value of services or facilities furnished by a governmental unit to the organization without charge.. | ||||||
| 6 | Total. Add lines 1 through 5. | ||||||
| 7a | Amounts included on lines 1, 2, and 3 received from disqualified persons... | ||||||
| b | Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year. | ||||||
| c | Add lines 7a and 7b.. | ||||||
| 8 | Public support. (Subtract line 7c from line 6.) | ||||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2011 | (b) 2012 | (c) 2013 | (d) 2014 | (e) 2015 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 9 | Amounts from line 6... | ||||||
| 10a | Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources.. | ||||||
| b | Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975. | ||||||
| c | Add lines 10a and 10b. | ||||||
| 11 | Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on. | ||||||
| 12 | Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.) .. | ||||||
| 13 | Total support. (Add lines 9, 10c, 11, and 12.).. | ||||||
| Section A - Adjusted Net Income | (A) Prior Year |
(B) Current Year (optional) |
||||
| 1 | Net short-term capital gain | 1 | ||||
| 2 | Recoveries of prior-year distributions | 2 | ||||
| 3 | Other gross income (see instructions) | 3 | ||||
| 4 | Add lines 1 through 3 | 4 | ||||
| 5 | Depreciation and depletion | 5 | ||||
| 6 | Portion of operating expenses paid or incurred for production or collection of gross income or for management, conservation, or maintenance of property held for production of income (see instructions) | 6 | ||||
| 7 | Other expenses (see instructions) | 7 | ||||
| 8 | Adjusted Net Income (subtract lines 5, 6 and 7 from line 4) | 8 | ||||
| Section B - Minimum Asset Amount | (A) Prior Year |
(B) Current Year (optional) |
||||
| 1 | Aggregate fair market value of all non-exempt-use assets (see instructions for short tax year or assets held for part of year): | 1 | ||||
| a | Average monthly value of securities | 1a | ||||
| b | Average monthly cash balances | 1b | ||||
| c | Fair market value of other non-exempt-use assets | 1c | ||||
| d | Total (add lines 1a, 1b, and 1c) | 1d | ||||
| e |
Discount claimed for blockage or other factors (explain in detail in Part VI): |
|||||
| 2 | Acquisition indebtedness applicable to non-exempt use assets | 2 | ||||
| 3 | Subtract line 2 from line 1d | 3 | ||||
| 4 | Cash deemed held for exempt use. Enter 1-1/2% of line 3 (for greater amount, see instructions). | 4 | ||||
| 5 | Net value of non-exempt-use assets (subtract line 4 from line 3) | 5 | ||||
| 6 | Multiply line 5 by .035 | 6 | ||||
| 7 | Recoveries of prior-year distributions | 7 | ||||
| 8 | Minimum Asset Amount (add line 7 to line 6) | 8 | ||||
| Section C - Distributable Amount | Current Year | |||||
| 1 | Adjusted net income for prior year (from Section A, line 8, Column A) | 1 | ||||
| 2 | Enter 85% of line 1 | 2 | ||||
| 3 | Minimum asset amount for prior year (from Section B, line 8, Column A) | 3 | ||||
| 4 | Enter greater of line 2 or line 3 | 4 | ||||
| 5 | Income tax imposed in prior year | 5 | ||||
| 6 | Distributable Amount. Subtract line 5 from line 4, unless subject to emergency temporary reduction (see instructions) | 6 | ||||
| Section D - Distributions | Current Year | |
|---|---|---|
| 1 Amounts paid to supported organizations to accomplish exempt purposes | ||
|
2
Amounts paid to perform activity that directly furthers exempt purposes of supported organizations, in excess of income from activity |
||
| 3 Administrative expenses paid to accomplish exempt purposes of supported organizations | ||
| 4 Amounts paid to acquire exempt-use assets | ||
| 5 Qualified set-aside amounts (prior IRS approval required) | ||
| 6 Other distributions (describe in Part VI). See instructions | ||
| 7Total annual distributions. Add lines 1 through 6. | ||
|
8
Distributions to attentive supported organizations to which the organization is responsive (provide details in Part VI). See instructions |
||
| 9 Distributable amount for 2015 from Section C, line 6 | ||
| 10 Line 8 amount divided by Line 9 amount | ||
| Section E - Distribution Allocations (see instructions) |
(i) Excess Distributions |
(ii) Underdistributions Pre-2015 |
(iii) Distributable Amount for 2015 |
|
|---|---|---|---|---|
|
1
Distributable amount for 2015 from Section C, line 6 |
||||
|
2
Underdistributions, if any, for years prior to 2015 (reasonable cause required--see instructions) |
||||
| 3 Excess distributions carryover, if any, to 2015: | ||||
| a | ||||
| b | ||||
| c | ||||
| d From 2013....... | ||||
| e From 2014....... | ||||
| fTotal of lines 3a through e | ||||
| g Applied to underdistributions of prior years | ||||
| h Applied to 2015 distributable amount | ||||
|
i
Carryover from 2010 not applied (see instructions) |
||||
| j Remainder. Subtract lines 3g, 3h, and 3i from 3f. | ||||
| 4Distributions for 2015 from Section D, line 7: | ||||
| $ | ||||
| a Applied to underdistributions of prior years | ||||
| b Applied to 2015 distributable amount | ||||
| c Remainder. Subtract lines 4a and 4b from 4. | ||||
|
5
Remaining underdistributions for years prior to 2015, if any. Subtract lines 3g and 4a from line 2 (if amount greater than zero, see instructions) |
||||
|
6
Remaining underdistributions for 2015. Subtract lines 3h and 4b from line 1 (if amount greater than zero, see instructions) |
||||
|
7 Excess distributions carryover to 2016. Add lines 3j and 4c. |
||||
| 8 Breakdown of line 7: | ||||
| a | ||||
| b | ||||
| c Excess from 2013....... | ||||
| d From 2014....... | ||||
| e From 2015....... | ||||
| Facts And Circumstances Test |
|---|
| Return Reference | Explanation |
|---|
| Software ID: | |
| Software Version: |
Attach to Form 990 or 990-EZ.
Information about Schedule O (Form 990 or 990-EZ) and its instructions is at| Return Reference | Explanation |
|---|---|
| FORM 990, PART VI, SECTION A, LINE 1: | WILLIAM H. MELLOR SERVED AS PRESIDENT & GENERAL COUNSEL UNTIL JANUARY 1, 2016, AND REMAINS EMPLOYED BY THE ORGANIZATION AS FOUNDING GENERAL COUNSEL. SCOTT G. BULLOCK BECAME PRESIDENT & GENERAL COUNSEL ON JANUARY 1, 2016, AND IS EMPLOYED BY THE ORGANIZATION. |
| FORM 990, PART VI, SECTION B, LINE 11: | THE FORM 990 IS REVIEWED BY THE INSTITUTE'S AUDIT COMMITTEE IN CONSULTATION WITH THE INSTITUTE'S INDEPENDENT AUDITORS, AS NECESSARY. AFTER REVIEW BY THE AUDIT COMMITTEE, THE FORM 990 IS DISTRIBUTED TO THE FULL BOARD OF DIRECTORS. |
| FORM 990, PART VI, SECTION B, LINE 12C: | ON AN ANNUAL BASIS BOTH THE BOARD OF DIRECTORS AND EVERY EMPLOYEE REVIEW THE CONFLICT OF INTEREST POLICY AND MUST DISCLOSE ANY CONFLICTS WITH THE INSTITUTE. THE BOARD OF DIRECTORS REVIEWS THE POLICY AT OR AROUND ITS FINAL MEETING OF THE FISCAL YEAR AND EACH MEMBER PROVIDES WRITTEN ACKNOWLEDGEMENT. EVERY EMPLOYEE RECEIVES AN ELECTRONIC COPY OF THE POLICY. ANY CONFLICTS OR POTENTIAL CONFLICTS ARE RESOLVED BY THE PRESIDENT OR OTHERWISE REPORTED BY THE PRESIDENT AND REVIEWED AND RESOLVED BY THE BOARD OF DIRECTORS, LESS ANY MEMBER THAT MAY HAVE A CONFLICT OR POTENTIAL CONFLICT. |
| FORM 990, PART VI, SECTION B, LINE 15: | THE PRESIDENT/GENERAL COUNSEL'S COMPENSATION IS SET BY THE BOARD OF DIRECTORS AT THE FALL BOARD MEETING. THE CHIEF FINANCIAL OFFICER PROVIDES THE BOARD'S COMPENSATION COMMITTEE WITH PRESENT AND PAST COMPENSATION AMOUNTS FOR THE PRESIDENT/GENERAL COUNSEL, AS WELL AS COMPARABLE DATA FROM THE MOST RECENTLY AVAILABLE FORM 990 FOR SIMILARLY SITUATED NON-PROFIT ORGANIZATIONS. THE CFO ALSO ANNUALLY ENGAGES AN OUTSIDE VENDOR TO PROVIDE AN INDEPENDENT COMPENSATION SURVEY. THE FULL BOARD (EXCEPT FOR THE PRESIDENT/GENERAL COUNSEL, WHO IS RECUSED) THEN VOTES TO DETERMINE COMPENSATION AND THE DECISION IS CONTEMPORANEOUSLY RECORDED AND COMMUNICATED TO THE CFO BY THE CHAIRMAN AND PLACED IN THE PRESIDENT/GENERAL COUNSEL'S CONFIDENTIAL EMPLOYMENT FILE. DURING THE SUMMER BOARD MEETING, THE BOARD OF DIRECTORS AUTHORIZES FORECASTED COMPENSATION INCREASES FOR OTHER OFFICERS AND KEY EMPLOYEES THROUGH ITS APPROVAL OF THE NEXT FISCAL YEAR'S BUDGET. IN DETERMINING THE FISCAL YEAR BUDGET, THE COMPENSATION AMOUNTS OF OTHER OFFICERS AND KEY EMPLOYEES ARE DETERMINED IN COMPARISON TO SIMILARLY SITUATED OFFICERS AND KEY EMPLOYEES AT SIMILARLY SITUATED NON-PROFIT ORGANIZATIONS. SUCH DETERMINATION IS CONTEMPORANEOUSLY SUBSTANTIATED THROUGH RECORDATION OF THE PASSAGE OF THE BUDGET. THE COMPENSATION DETERMINATION IS PLACED IN THE OFFICER OR OTHER KEY EMPLOYEE'S CONFIDENTIAL EMPLOYMENT FILE. |
| FORM 990, PART VI, SECTION C, LINE 19: | THE INSTITUTE'S 990 AND FINANCIAL STATEMENTS ARE AVAILABLE ON ITS AND OTHER WEBSITES. THE INSTITUTE'S 990, FINANCIAL STATEMENTS, AND OTHER IRS DOCUMENTATION, GOVERNING DOCUMENTS AND CERTAIN OTHER POLICIES ARE AVAILABLE TO THE PUBLIC UPON REQUEST. |
| FORM 990, PART XII, LINE 2C: | THE INSTITUTE HAS AN AUDIT COMMITTEE THAT ASSUMES RESPONSIBILITY FOR OVERSIGHT OF THE AUDIT OF THE FINANCIAL STATEMENTS AND SELECTION OF AN INDEPENDENT AUDITOR. THE PROCESS HAS NOT CHANGED SINCE THE PRIOR YEAR. |
| CASES IN LITIGATION: | Hart v. State/Richardson v. State: IJ secured a seminal win for school choice in July 2015 when the North Carolina Supreme Court upheld the states Opportunity Scholarship Program, which provides low-income families with up to $4,200 to send their children to private schools. After the program was challenged by the teachers association and school boards, IJ intervened on behalf of two parents and took the case all the way to the state supreme court. Thanks to this victory, thousands of North Carolina families can now send their children to a school that suits their educational needs. We received $820 in costs for this case. United States v. $107,702.66: In 2014, IRS agents raided Lyndon McLellans convenience store in North Carolina and seized his entire bank account of more than $107,000. The IRS and Department of Justice took Lyndons money through civil forfeiture, claiming he had violated so-called "structuring" laws by making frequent cash deposits, and pursued the forfeiture despite a policy change that said the IRS and Department of Justice would no longer seek forfeiture of lawfully acquired money such as proceeds from a convenience store. IJ teamed up with Lyndon to get his money back, and less than two weeks after launching our case, the government surrendered and returned his cash in full. IJ received from the government $51,122 in fees for this case. Oklahoma, ex rel., et al. v. $53,234.00 Cash (Eh Wah): We secured another quick strike against civil forfeiture when officials in Muskogee County, Oklahoma, returned the more than $53,000 it seized from a Burmese Christian band on tour in the U.S. to raise money for charity. After pulling over the bands manager for a routine traffic violation, the sheriff's department took the cash-including clearly labeled donations to a Thai orphanage and nonprofit Burmese school-and arrested the manager in an attempt to intimidate him into surrendering the money. IJ announced our involvement in the case in April, and less than a day later, the Muskogee District Attorneys Office agreed to give back the money and drop the charges. Vocatura's Bakery, Inc. v. IRS: This streak continued in May, when IJ teamed up with the Vocatura family to get back the nearly $70,000 that the IRS seized under the same laws that they used to trap Lyndons bank account. The agency seized this money from the family bakery in 2013, and, for the next three years, sat on the Vocatura's cash, refused to bring their case before a judge, and threatened to investigate the bakerys finances in order to retroactively justify the forfeiture action. Hours after IJ filed a motion urging the agency to return the money, the IRS stated that it would give back the familys money in full. IJs work on this issue has sent a clear message to law enforcement agencies across the country, and these swift capitulations show that they know these seizures are indefensible. Bell, et al. v. Iowa Board of Cosmetology: We secured a victory for Iowa hair braiders in June 2016 when the state passed a law exempting them from its cosmetology licensing laws. Previously, hair braiders were required to undergo many hours of expensive training in order to obtain a license and legally practice their craft. IJ challenged this law in court on behalf of two African-style hair braiders in October 2015 and voluntarily dismissed our lawsuit when the new law went into effect. The case will serve as a call to action to other state legislatures to roll back their job-crushing licensing requirements for hair braiders and other entrepreneurs. Rosemond v. Conway: In May 2013, IJ challenged the state of Kentuckys claim that our client John Rosemonds nationally syndicated parental advice column constitutes the unlicensed practice of psychology. The state board of psychology, which initiated the claim, attempted to punish him for giving individualized advice in his column and also stated that because John is licensed to practice psychology in North Carolina, but not Kentucky, he could not call himself a "family psychologist" in the tagline of a newspaper column published in Kentucky. The board threatened John with up to one year in jail and $1,000 in fines for each column published in the state. In September 2015, a federal court judge vindicated Johns First Amendment right to communicate with his readers and found the boards attempts to censor him to be unconstitutional. For this case, we were awarded attorneys fees totaling $98,000. Duncan v. State of Nevada: In 2015, the state of Nevada enacted the nations most expansive school choice program. The School Choice Program was promptly challenged by two separate groups of Nevada citizens. In Duncan, our opponents argued that the program violates the state constitutions prohibition against using public funds for sectarian purposes and the state legislatures duty to provide for a "uniform system of public schools." But Nevadas program allows parents to use funds deposited into special bank accounts for a variety of educational goods and services-not sectarian purposes-and the Legislature is not prohibited from giving children options beyond the public school system. IJ intervened in this case on behalf of several Nevada families, and in May, a state trial court judge dismissed the lawsuit, ruling that the program violates no part of the state constitution. Lopez v. Schwartz: This case is the second of two lawsuits that seek to dismantle Nevadas school choice program. The plaintiffs in this case say that the program violates the procedural requirements that Nevadas constitution places on education funding, claiming that it prevents the Legislature from spending money on anything other than public schools. IJ asked to intervene in the case on behalf of Nevada parents, but were denied in spring 2016. We continue to push forward as intervenors in Duncan to protect this groundbreaking new program. Central Radio Company v. City of Norfolk: IJ secured a significant victory for free speech in Norfolk, Virginia. There, the city ordered small business owner Bob Wilson to remove a sign protesting the citys use of eminent domain from the side of his building because it violated Norfolks sign code. But other businesses in the area have signs as large or larger than Bobs, so we filed suit to preserve his right to protest government actions. After losing Bobs case at the federal appellate court, we petitioned the U.S. Supreme Court for review. The Court granted review, vacated the appellate opinion, and ordered the court to reconsider based on another U.S. Supreme Court decision. Upon reconsideration, the 4th Circuit Court of Appeals vindicated his First Amendment Rights. In FY16, we received from the government $2,226 in costs for this case. Petition for Remission or Mitigation of Khalid Quran; Petition for Remission or Mitigation of Randy and Karen Sowers: IJ filed petitions for remission or mitigation on behalf of two small business owners whose money was seized through civil forfeiture. Ken Quran, who owns a convenience store in North Carolina, and Randy Sowers, a Maryland dairy farmer, were both approached by IRS agents who seized their cash using the same laws that ensnared Lyndon McLellan and the Vocatura family. After the IRS announced its policy change limiting the application of these laws to actual criminals, Ken and Randy petitioned the government for the return of their money. In February 2016, the IRs agreed to return Kens money, and in June, the Department of Justice followed suit with Randys cash. These victories set a precedent that should make it possible for hundreds of other civil forfeiture victims to get their money back, and we have published on our website a template petition that they can file. Patel v. Texas Dept of Licensing and Regulation: IJs victory at the Texas Supreme Court created the strictest legal test for economic regulations in the country. Previously, Texas required our client Ash Patel and other eyebrow threaders to spend thousands of dollars and many hours on cosmetology training, not one hour of which taught threading. The law served no purpose other than to protect established businesses from competition, so IJ fought back and the law was struck down in June 2015. The issue of attorneys fees is still pending. Casino Reinvestment Development Authority v. Charles and Lucinda Birnbaum et al.: Charlie Birnbaums Atlantic City home has been in his family for half a century. His parents bought the house when they came to the U.S. during World War II and it has represented their foothold in their adopted country ever since. But New Jerseys Casino Reinvestment Development Authority attempted to seize Charlies home as part of a development project to complement a now-closed casino. We teamed up with Charlie to challenge this taking and protect his right to own property. In August 2015, a judge ruled that the agency must provide more evidence justifying the taking, so Charlies home is safe for now. The c |
| Edwards v. District of Columbia: | IJ secured a significant victory for those who speak for a living in 2014, when the U.S. Court of Appeals for the D.C. Circuit struck down Washington, D.C.s onerous tour guide licensing requirements. Previously, tour guides were prohibited from giving tours without first passing an exam, and faced fines and even jail time if they described the city without a license. In FY16, we received $180,000 in attorneys fees for this case. Dina Galassini v. Town of Fountain Hills, Arizona: IJ filed suit on behalf of Dina Galassini, a resident of Fountain Hills, Arizona, to preserve her right to speak out about political issues. In fall 2011, Dina wrote an email to her friends asking them to join her in opposing a local bond issue. Days later, she received a letter from the town claiming that her email constituted the formation of a "political committee" that must be regulated by the state. But Americans should be able to speak about politics before, after, and during elections, so Dina partnered with IJ to protect this vital right. After a federal court held that Arizonas definition of "political committee" is unconstitutionally vague-and that its regulations for such committees are unconstitutionally burdensome-the state changed its law to exempt small groups from being regulated political committees, and in October 2015 dismissed its appeal of the courts decision. In FY16, we received $2,501 in attorneys fees. Champion, et al. v. Craddock, et al.: Shelia Champion owns and operates The Good Earth Burial Ground in Hazel Green, Alabama, where she provides inexpensive and environmentally friendly interments. Shelia allows remains to be buried in biodegradable shrouds and caskets, and she sells these materials herself. However, according to Alabama law, only state-licensed funeral directors could sell a casket to the public, and Shelia would have had to spend at least three years training as a funeral director and hundreds of thousands of dollars on a full-service funeral home just to obtain a license. This was blatant economic protectionism, so she partnered with IJ to file a constitutional challenge. Less than a month after we filed the case, the state legislature changed the law so that Shelia and other entrepreneurs can sell caskets to the public. Citizens for Strong Schools v. Florida: In Florida, we intervened on behalf of six families to defend two of the largest school choice programs in the nation. The McKay Scholarship for Pupils with Disabilities and the Florida Corporate Tax Credit Scholarship Program have been on the books for over a decade and help more than 87,000 children across the state obtain a quality education. The programs came under attack in 2014 when a group of parents who sued Florida several years ago seeking more money for public education amended their lawsuit to challenge the constitutionality of these two programs, claiming they unconstitutionally "divert" money from Floridas public schools. In May 2016, both programs were ruled constitutional and our opponents claims were dismissed. Both programs are now safe (pending appeal). Lopez v. City of San Antonio, Texas: As part of our National Street Vending Initiative, IJ challenged San Antonios proximity restriction on food trucks. The city banned food trucks from operating within 300 feet of every restaurant, convenience store, and grocer in the city, forcing food truck owners to get written, notarized permission to operate from their brick-and-mortar competitors. To build on momentum from our victory in Patel, and to protect entrepreneurs and consumers from anticompetitive regulations, IJ challenged the proximity restriction in court. In response, the San Antonio City Council voted to repeal the law, so our clients-along with hundreds of other vendors in the city-are free to pursue their American Dream. Espinoza v. MT Department of Revenue: Montanas first school choice program gives a modest tax credit to individuals and businesses who donate to private scholarship organizations, which then give scholarships to families who want to send their children to private schools. But the State Department of Revenue imposed a rule that limits these scholarships to those who want to attend nonreligious private schools, ruling out the majority of private schools in the state. In December 2015, IJ filed suit on behalf of three Montana families to strike down this rule and ensure that eligible children can attend the school that they choose. We secured a first round victory in March 2016 when the Flathead County Court issued a preliminary injunction prohibiting the enforcement of this rule, and we now await a final decision on its unconstitutionality. Freenor v. Mayor and Aldermen of the City of Savannah; Billups v. City of Charleston: IJs litigation to free tour guides from burdensome and unnecessary licensing requirements continues in Savannah, Georgia, and Charleston, South Carolina. Both cities threaten unlicensed tour guides with fines and jail time, forcing them to obtain the governments permission to speak by passing multiple choice exams. We challenged these laws to protect the right of Americans to speak without arbitrary government interference, and in October 2015, Savannahs City Council voted to repeal its tour guide licensing law. However, the case continues as we seek a ruling that Savannah violated the free-speech rights of tour guides. There has been no ruling in Charleston yet. Hines v. Texas State Board of Medical Examiners: In this lawsuit we represented Dr. Ron Hines, a licensed veterinarian who wants to use the Internet to help pet owners around the world care for their animals. He doesnt prescribe medicine or perform procedures, and there is no evidence that his work poses any danger, yet the Texas vet board shut him down because his emails and video chats violated a state law stipulating that veterinarians must examine an animal in person before giving advice over the Internet. We filed suit in 2013 to challenge the law and to protect Internet freedom and free speech for all Americans. Unfortunately, in March 2015 the 5th U.S. Circuit Court of Appeals upheld Texas law, and in December 2015 the U.S. Supreme Court declined to review his case. IJ will continue to challenge these onerous occupational speech restrictions to ensure that the free speech rights of all entrepreneurs are protected. Holland v. Williams: IJ is challenging the state of Colorados byzantine campaign-finance regulations to vindicate the right to speak out about politics without fear of being sued and silenced. In Colorado, anyone can file a private lawsuit alleging a violation of the states campaign-finance laws. There is very little oversight and no weeding-out process for frivolous complaints, and if a defendant wants an attorney, they must pay out of their own pocket. IJ partnered with Colorado resident Tammy Holland to strike down this law and ensure that all Colorado residents may exercise their First Amendment rights. Tammy placed two ads in a local newspaper before a school board election and was sued by sitting school board members. Campaign Integrity Watchdog, LLC v. Coloradans for a Better Future and Office of Administrative Courts: In this case, we represent a group called Coloradans for a Better Future (CBF), which ran two radio ads supporting one candidate in a local election and opposing the other. Months after the latter candidate lost the race, he filed four lawsuits against CBF under Colorados above-mentioned private enforcement scheme. His fourth lawsuit claimed that the legal assistance received by CBF constituted a political contribution, and unfortunately the Colorado Court of Appeals agreed with him. This ruling will make it difficult or even impossible for political speakers to receive legal help with the states complex campaign-finance laws, so IJ has asked the Colorado Supreme Court to reverse it and protect the rights of speakers and their attorneys. Torraco v. City of Albuquerque: New Mexicos protections against unlawful seizures essentially eliminate civil forfeiture in the state, but Albuquerque city officials continue to take all sorts of property without convicting or even charging the owners with a crime. In November 2015, two state senators who were instrumental in passing these protections teamed up with IJ to ensure that they are enforced. Unfortunately, in May 2016 the court ruled that both senators lacked the standing to bring this lawsuit, so IJ will launch a new challenge to protect Albuquerque residents from unlawful forfeiture actions. |
| Ricketts v. Miami Shores: | In this case IJ represents Hermine Ricketts and her husband Tom Carroll, who used their front yard in Miami Shores, Florida, to grow food for their own personal consumption for nearly two decades. But in 2013, the city prohibited front-yard vegetable gardens-while allowing fruit trees and yard ornaments-and imposed a hefty fine on Hermine and Tom. They uprooted their garden but partnered with IJ to challenge the ban in court and protect the property rights of all Americans. We await the Judge's ruling on this case. Sourovelis v. City of Philadelphia: IJ is taking on one of the most abusive civil forfeiture practices in the country with a class-action lawsuit in Philadelphia. There, the city seizes all sorts of property-totalling more than $64 million from 2005 to 2015-and police and prosecutors get to keep all forfeiture proceeds, giving them a direct financial incentive to seize as much as they can. IJs case aims to end the citys onerous forfeiture process and protect Philadelphia property owners from getting trapped in its forfeiture machine. In addition, IJ has challenged many aspects of the process for legal seizure and forfeiture in Philadelphia. Whitner, et al. v. City of Pagedale: In Pagedale, Missouri, residents can be ticketed and fined for harmless conditions and activities around their house. The city relies heavily on money from fines, so officials aggressively ticket residents for everything from mismatched drapes to holes in their window screens. IJ has teamed up with the residents of Pagedale to file a class-action lawsuit and stop the citys use of code enforcement mechanisms as a means to raise money. A victory in this case will affirm Americans right to live peacefully in their own homes. Pizza Di Joey, LLC v. Mayor and City Council of Baltimore: As part of our National Street Vending Initiative, IJ is challenging Baltimores "same-or-similar" rule for mobile vendors. This law makes it nearly impossible for vendors to operate because it requires them to park at least 300 feet away from any brick-and-mortar business that provides a similar product or service, meaning that a taco truck could not park outside a Mexican restaurant while a truck that sells pizza could. This arbitrary restriction on vendors serves no purpose other than to protect existing businesses from competition, so IJ teamed up with Joey Vanoni of the Pizza de Joey truck and Nikki McGowan of Madame BBQ to make sure that all of Baltimores entrepreneurs have the opportunity to succeed. A victory in this case will send an important message to the many other cities with similar restrictions on mobile vendors. City of Golden Valley v. Wiebesick, et al.: This lawsuit challenges the city of Golden Valleys practice of using administrative warrants to inspect rental properties and check, among other things, that their tenants are maintaining a clean kitchen and bathroom. In 2015, IJ clients Jackie and Jason Wiebesick were told that they would have to submit to inspection of their rental unit in order to keep their rental license. The Wiebesicks and their tenants feel that this is a violation of their privacy, and refused the citys request. IJ has partnered with the Wiebesicks to protect landlords and tenants right to privacy under the Minnesota Constitution. Horner, et al. v. Curry, et al.: The Indiana Constitution makes clear that all forfeiture proceeds should go to the states public schools, but Indianapolis police and prosecutors have been keeping this cash for themselves. This gives them a powerful incentive to seize as much property as they can, and IJ has partnered with two Indiana residents who were unjustly targeted in a forfeiture case to make them follow the law. A victory will confirm that everyone must follow the law-including police and prosecutors-and set a precedent for every other law enforcement office in Indiana. United States v. $32,820.56 from Mrs. Lady's, Inc Account #XXXXX23264: Carole Hinders owned and operated Mrs. Ladys Mexican Food in Spirit Lake, Iowa, for nearly 40 years. She only accepted cash and often went to the bank to avoid having a surplus of cash in the restaurant. In 2013, the federal government seized almost $33,000 of Caroles money through civil forfeiture, claiming her small, frequent deposits were attempts to evade bank reporting requirements. Carole partnered with IJ to fight back and the government quickly surrendered. The issue of attorneys' fees is still pending. Waugh v. Nevada State Board of Cosmetology: Under a previous Nevada state law, anyone could practice makeup artistry, but teaching others to apply makeup without a government-issued license would result in thousands of dollars in fines. IJ clients Lissette Waugh and Wendy Robin each have years of experience as makeup artists, but the state required them to undergo hundreds of hours of expensive and irrelevant training in order to teach others their craft. In August 2014, a judge peeled back some of the requirements, but left others in place. Later, the Nevada Legislature reformed the law, resulting in greater economic freedom for makeup artists across the state. In March 2016, the court vacated its earlier ruling. U.S. v. $11,000 in United States Currency and Charles L. Clarke, II: Charles Clark II is a 24-year-old college student who saved up $11,000-only to have it seized by law enforcement officials at the Cincinnati/Northern Kentucky International Airport. Officials claimed his checked bag smelled like marijuana, but found no drugs or anything else illegal. IJ is representing Charles in his fight to get his money back and to prove that carrying cash is not a crime. Earl v. Smith; Niang v. Carroll: Like our lawsuit in Iowa, these cases challenge laws in Arkansas and Missouri, respectively, that require hair braiders to become licensed cosmetologists before earning a living. To obtain a license braiders must spend thousands of dollars and hours on training that does not include hair braiding, even though braiding is widely regarded as safe and braiders do not use any dangerous chemicals. We voluntarily dismissed the Arkansas case in July 2015 after the state passed IJs model legislation exempting braiders from the licensing requirement. The Missouri case is ongoing. Green Cab v. City of Bowling Green: In June 2015, we filed suit on behalf of John Rinaldi, owner of Green Cab, an Ohio taxi company that combines eco-friendly vehicles, cutting-edge technology, and cheap rides. John found great success in Athens, Ohio, and wanted to expand his business to the town of Bowling Green. But the city capped its taxi permits at 16, an arbitrary limit that only served to protect its existing cab companies. Within days of filing IJs lawsuit, city officials acknowledged that the cap was unjustifiable and within weeks, they repealed the cap entirely. This case builds on increasing momentum nationwide in eliminating outdated taxi regulations nationwide. At the conclusion of the case, we received $43 in refunded costs from an advance made in an earlier fiscal year. San Diego Transportation Association v. San Diego; Joe Sanfelippo Cabs, Inc., et al. v. City of Milwaukee: In both San Diego and Milwaukee, cab companies challenged in court the cities repeal of limits on the number of cabs allowed to operate on city streets. These limits protected entrenched companies at the expense of aspiring transportation entrepreneurs and consumers, and lifting the caps meant that hundreds of drivers have the chance to earn a living in the transportation industry. IJ intervened in both cases on behalf of these drivers. We won our case in San Diego in November 2015 and await a final decision in Milwaukee. Westphal v. Northcutt; Martinez v. Mullen; Collins v. Battle, et al.: These cases challenge the Alabama, Connecticut, and Georgia state dental boards laws banning non-dentists from providing teeth-whitening services. The bans have nothing to do with health and safety-they are designed to protect licensed dentists from competitors who offer the same service at a fraction of the price. Unfortunately, we lost the Connecticut and Alabama cases, but a victory in Georgia will benefit both consumers and teeth-whitening entrepreneurs by driving down prices and allowing increased competition. |
| Dean, et al. v. City of Winona: | In this lawsuit, IJ challenged a cap on the number of rental permits issued by the city of Winona, Minnesota. When the city amended its zoning laws so that only 30 percent of homes in each block could receive rental permits, it meant that only 30 percent of the homeowners in each neighborhood could obtain their permits. We took on this law in 2011 to stop the government from arbitrarily restricting the rights of some homeowners, but in August 2015, the case was mooted on grounds of standing. Burris v. Cobb: This was a challenge to the state of Arkansas law that bans licensed dental specialists, like our orthodontist client Dr. Ben Burris, from offering even simple dental work that falls outside their specialty. Ben wants to offer low-cost dental cleanings to his customers in order to give low-income families access to regular dental care, but is prohibited from doing so by this law. IJ filed suit on his behalf to change the law, lower costs for consumers, and increase access to care. However, in January 2016, Ben decided to relinquish his orthodontist license in order to grow his general dentistry practice, and we voluntarily dismissed the lawsuit. Colon Health Centers of America, LLC, et al. v. Hazel, et al.: Virginia imposes a restriction on medical professionals that makes it illegal to offer new medical services or purchase certain types of medical equipment without first obtaining a special type of permission called a "certificate of need" from the government. The certificate-of-need requirement is incredibly expensive, frequently results in new services being forbidden to operate, and has nothing to do with health and safety. IJ challenged this restriction in court in 2012. We lost in the trial court in 2014 but went on to secure an important reversal setting forth the legal standards for commerce clause charges. Although we lost the case on its facts, the legal precedent we secured will be very helpful in future cases. Membreno v. City of Hialeah: In Hialeah, Florida, we challenged the citys attempt to shut IJ client Silvio Membreno and his fellow vendors out of the market by enacting anti-competitive regulations that protect brick-and-mortar businesses. Silvio has earned a living as a flower vendor for 15 years, and he should not have to give up his occupation to benefit his politically connected competitors. In March 2016, Floridas Third District Court of Appeal ruled against the right to earn an honest living and upheld the citys restrictions against mobile vendors. Courtney v. Goltz: For the past 15 years, Jim and Cliff Courtney have tried to launch a boat service to better serve the remote community in upstate Washington state where they live. But the state requires Jim and Cliff to either obtain the existing ferry companys permission to compete or to prove in a trial-like hearing that the existing company is not providing "reasonable and adequate servicethat a new service is necessary. Because this is an unconstitutional restraint on economic liberty, Jim and Cliff teamed up with IJ to fight back. A victory will protect the right of all Americans to participate in the economic life of the nation. Speed's Auto Services v. Portland; Halsnik v. Hillsborough County Public Transportation Commission: These two cases in Portland, Oregon, and Tampa, Florida, seek to vindicate the right of drivers to earn an honest living by striking down laws that impose a minimum fare on small sedan companies. Companies should be able to charge what they want for their services, and the government cannot protect the profits of private businesses at the expense of others. We lost the Tampa case at the appellate court in June 2016, and the Portland case is ongoing. Burke v. City of Chicago: Chicago imposes a 200-foot proximity restriction on food trucks, making it illegal for them operate near any fixed business that sells food. Effectively shutting mobile vendors out of the downtown market, this law blatantly protects the interests of politically connected business owners. IJ is fighting against this restriction on behalf of food truck entrepreneur Laura Pekarik to vindicate the economic liberty rights of all vending entrepreneurs, strike down the citys protectionism, and let people work. Kelly, et al. v. Whitmore, et al.: This is a challenge to the state of Arizonas protectionist requirement that animal massage therapists obtain a veterinarian license. Massage therapists do not need a medical degree to massage humans, and animal massage therapists should not be threatened with excessive fines and jail time if they do not spend four years and hundreds of thousands of dollars on veterinary school. Winning this case will free these entrepreneurs to practice their skill and send a message to other states considering similar licensure requirements. Illinois Transportation Trade Association v. City of Chicago: Ridesharing apps like Uber and Lyft have transformed the transportation industry, but in many cities, outdated regulations favor entrenched cab companies at the expense of entrepreneurs and consumers. In Chicago, taxi corporations went to court to demand that federal judges freeze the citys taxi regulations and squash potential competition. IJ has intervened in the case on behalf of three ridesharing drivers to vindicate their right to economic liberty and strike down the taxi cartel. A legal victory in this case will set a strong precedent for other cities with protectionist regulations. Live Oak Brewing et al. v. Texas Alcoholic Beverage Commission: Before 2013, beer distributors in Texas would pay brewers for the right to sell their beer in markets like Houston or Austin, and brewers traditionally reinvested this money into their breweries. But at the behest of politically connected distributors, Texas made it illegal for brewers to accept compensation for their distribution rights, essentially forcing brewers to give up part of their business for free. The Texas Constitution protects the property rights and economic liberty of entrepreneurs, so the owners of three craft breweries teamed up with IJ to fight back in court and defend the businesses they built. Roman Catholic Archdiocese of Newark v. Christie: In July 2015, IJ filed suit on behalf of the Roman Catholic Archdiocese of Newark and two parishioners to challenge a New Jersey law that makes it a crime to sell headstones to parishioners. This law targets the Archdiocese-the only religious cemetery in the state that sells headstones-and protects the headstone-dealer industry from competition. A victory in this case will vindicate the principle that the government cannot pass a law solely for the financial benefit of politically connected insiders. Kivirist, et al. v. Wisconsin Department of Agriculture, et al.: In this case, we are challenging Wisconsins ban on the sale of home-baked goods. The state bans the sale of home-baked goods, including cookies, but allows the sale of other homemade foods. The ban has nothing to do with safety - it simply protects commercial food producers from competition. In January 2016, IJ filed a constitutional lawsuit on behalf of three Wisconsin home bakers to strike down this arbitrary ban and vindicate the right of home bakers to sell their goods directly to friends, neighbors, and others, which is a much-needed source of income for some families. Ken's Cab, LLC, et al. v. City of Little Rock: The city of Little Rock made it virtually impossible for taxi entrepreneurs like IJ client Ken Leininger to start their own cab companies by first requiring them to get permission to go into business from the Little Rocks sole existing cab company. In fact, the citys Board of Directors explicitly recognized that their regulations exist to create a private monopoly for that company, and this blatant protectionism violated a clause of the Arkansas Constitution expressly forbidding monopolies in any form. IJ partnered with Ken in March 2016 to strike down this monopoly and vindicate the economic liberty rights of entrepreneurs in Arkansas and beyond. Seaton v. Wiener: This lawsuit challenged a Minnesota law that placed limits on the amount of money any one person could donate to a political candidate. Furthermore, once a candidate raised $12,500, that limit was cut in half, violating the constitutional principle of equal protection under the law and the free speech rights of Minnesota voters. We quickly secured a preliminary injunction preventing enforcement of the law and it was later repealed by the Legislature. We received $102,437 in attorneys fees in this case. |
| Justice v. Hosemann: | We filed suit in Mississippi to challenge a state campaign-finance law that required small groups of voters to register with the government before speaking out about politics. Laws like this impose significant burdens on Americans who just want to get involved in the electoral process, including extensive record-keeping and reporting requirements. IJ secured a victory at the trial court but lost when the government appealed the trial courts decision. Neighborhood Enterprises v. City of St. Louis: St. Louis resident Jim Roos decided to protest his local governments abuse of eminent domain by painting a large mural on his building. Like Norfolk, however, the city of St. Louis insisted that Jims sign violated city code and ordered him to take it down. IJ won this case in 2011 when the 8th Circuit Court of Appeals ruled that Jim has the right to speak out about important issues. However, we continue to wait for the district court to consider Jims right to keep his mural in light of a revised sign code. Ocheesee Creamery v. Putnam and Newton: In this case, IJ represents Florida dairy farmer Mary Lou Wesselhoeft. Mary Lou sold pasteurized skim milk and labelled it as pasteurized skim milk. But because she would not inject her milk with Vitamin A, the Florida Department of Agriculture and Consumer Services ordered her to stop calling it pasteurized skim milk and label it as "Non-Grade 'A' Milk Product, Natural Milk Vitamins Removed." But Mary Lou has the right to communicate truthful information under the First Amendment, so IJ filed suit on her behalf in 2014. In February 2016, a federal court upheld the states censorship of Mary Lou, so IJ appealed the decision to vindicate her and other entrepreneurs free speech rights. Larue v. Colorado Board of Education: When the ACLU, Americans United for Separation of Church and State, and several other opponents of school choice challenged Douglas County, Colorados Choice Scholarship Program, IJ intervened on behalf of four families. The program would provide scholarships for 500 students to attend the private school of their parents choice. In 2015, in a 3-3-1 split decision, the Colorado Supreme Court ruled the program unconstitutional, so IJ has appealed the decision to the U.S. Supreme Court and we currently wait to see if the Court will hear our case. Thomas v. Douglas County Board of Education: In March 2016, the Douglas County Board of Education adopted a new school choice program that provides scholarships only to secular private schools. IJ subsequently challenged the programs religious exclusion to secure the fundamental right of parents to choose their childrens education. We are representing three Colorado families in this case. Gaddy v. GA Dept of Revenue: In May 2014, we intervened in a lawsuit to defend Georgias long-standing scholarship tax-credit program. Our opponents challenged the program on the grounds that it violates the state constitutions ban on providing public support to religious institutions and that the Legislature is limited to supporting only the public school system. In February 2016, the court ruled that because 100 percent of the program funds are raised from private donors and given to parents to spend at a school of their choice-regardless of whether they choose a religious or non-religious private school for their children-the program is entirely constitutional. Friend of the Court Briefs: In addition to litigating the above-described cases, the Institute for Justice filed amicus briefs in the following cases between July 1, 2015 and June 30, 2016: Zweber v. Credit River Township U.S. v. Batato (MegaUpload) CCP v. Harris Friedrichs v. California Teachers Association Arrigoni Enterprises v. Town of Durham, CT U.S. v. Bednar Delano Farms v. California Table Grape Commission Wollschlaeger v. Governor of Florida Boardwalk at Daytona Development, LLC v. Panormitis K. Pspalakis, et al. Commonwealth of Pennsylvania v. 1997 Chevrolet Trinity Lutheran Church of Columbia, Inc. v. Pauley Griepentrog v. Ehlinger Horne v. Polk Delaware Strong Families v. Denn Milewski v. Town of Dover |
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