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Freedom Foundation v. Washington Dept. of Ecology

State agency Scrooge violates Santa’s First Amendment rights

Each year around the holidays, Washington-based Freedom Foundation sends staff members to the lobbies of state agency buildings. These staffers—dressed as Santa—hand out leaflets that explain state employees’ right to opt out of union dues. Allowed by most agencies, the Washington Department of Ecology in 2017 instead prohibited the leafl ...

Robinson v. Wentzell

Race-based quotas in Connecticut schools are unconstitutional and hurt Black and Hispanic students

Hartford, Connecticut, runs a number of world-class magnet schools. Their success has led to the use of a lottery to decide who can attend. But under a state-mandated racial quota, enrollment must be at least 25 percent white or Asian. This means Black and Hispanic students are turned away if their admission would push minority enrollment above 75 ...

Nemhauser v. City of Mount Dora

City apologizes after violating First Amendment rights

What started as artistic expression in Mount Dora, Florida, escalated into a bureaucratic nightmare for Nancy Nemhauser and Lubomir Jastrzebski. When the couple painted a van Gogh-style “The Starry Night” mural on a wall outside their house, the city declared the art “graffiti” because it didn’t match the color of the ...

Santa Barbara Association of Realtors v. City of Santa Barbara and Santa Barbara City Council

Santa Barbara Violates Fourth Amendment Rights of Property Owners

Under an impermissibly vague Santa Barbara ordinance, home owners wishing to sell their residential property are required to allow the city to enter and conduct unconstitutional warrantless searches prior to sale. Failure to comply with this unconstitutional condition exposes the home owner to possible criminal and civil penalties. The Fourth Amend ...

Granat v. U.S. Department of Agriculture

Fighting to keep public lands open to all

Using the pretext of a transportation plan update, the U.S. Forest Service shut down thousands of previously accessible roads and trails—nearly 700 miles’ worth—within the Plumas National Forest. By forbidding any motor vehicle access, the policy prevents Amy Granat, who cannot walk unaided, from using a motorized vehicle to access vast a ...

Lucia v. Securities and Exchange Commission

Administrative concentration of judge-jury-executioner violates the Constitution

In 2012, the Securities and Exchange Commission charged Raymond Lucia and his former investment company with violating federal securities laws and regulations. He was prosecuted in an administrative enforcement action overseen by an Administrative Law Judge employed by the SEC. The ALJ permanently barred Mr. Lucia from working as an investment advi ...

S.S. v. Colorado River Indian Tribes

Federal law deprives American Indian children of the “best interest of the child” standard in custody determinations

Congress enacted the Indian Child Welfare Act (ICWA) to address the problem of unjustified removal of Indian children from their parents by “nontribal public and private agencies” and their placement in “non-Indian foster and adoptive homes and institutions.” That concern is absent in a private action for termination of pare ...

Benedetti v. County of Marin, California

Marin County adopts unconstitutional “forced farming” plan

Marin County’s new Land Use Plan requires landowners who currently use their land for agricultural purposes to remain “actively and directly engaged” in agriculture in perpetuity. This requirement is tied to building permits within the county’s agricultural zone. For PLF client Willie Benedetti, owner of Benedetti Farms and ...

Americans for Prosperity Foundation v. Becerra

California AG looks to create potential political enemies list

The California Attorney General – first Kamala Harris, now Xavier Becerra – demanded that Americans for Prosperity, a nonprofit 501(c)(3) organization of a politically conservative bent, submit an unredacted IRS Form 990 Schedule B that contains the names and addresses of all donors who give $5,000 or more in a year. The group refused because s ...

616 Croft Ave., LLC v. City of West Hollywood, California

In West Hollywood, new homes = government license to steal

Shelah and Jonathan Lehrer-Graiwer became victims of government extortion in West Hollywood, California over new condos. A city ordinance purports to address an affordable housing problem by demanding builders either sell a percentage of new homes at below-market rates or pay hefty “affordable housing” fees. Our clients were squeezed fo ...

Cedar Point Nursery v. Gould

In California, union organizers legally trespass on private property

PLF represents California farming businesses that employ around 3,000 Californians and produce millions of dollars for California’s economy in the form of oranges, table grapes, and strawberry plants. A state Agricultural Labor Relations Board regulation – the Union Access Rule – allows union organizers to go on private land to solicit su ...

Environmental Law Foundation v. State Water Resources Control Board

The state has no “public trust” power over groundwater

Environmentalists sued the State of California and Siskiyou County on the theory that the government’s failure to regulate groundwater violates the public trust doctrine. This doctrine traditionally applies only to navigable waters and entrusts the government with the responsibility to preserve the land and resources for productive, recreatio ...

Lynch v. California Coastal Commission

California erodes landowners’ right to protect their property and their ability to challenge government action

The Lynch family sought permission from the California Coastal Commission to repair a storm-damaged seawall and stairway that led from their home at the top of a bluff down to the beach. The Commission permitted the seawall restoration with a condition that they seek an additional permit in the future, and denied the permit for the stairway. To pro ...

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