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Art and Antique Dealers League of America v. Seggos

Antique dealers fight for right to display what they’re allowed to sell

Manhattan’s antique district is filled with galleries where customers can physically inspect valuable antiques before buying them. But shops cannot display all the merchandise they are allowed to sell. Federal law allows sales of antiques containing ivory that are at least 100 years old, but if antiques contain more than 20% ivory, state law ...

Abad, et al. v. Bonham, et al.

Government’s misguided battle threatens California fishermen and their way of life

Swordfish is a very popular seafood and one of the most abundant types of fish on the West Coast. It is also a primary source of income and way of life for many California families. But a recently enacted state statute threatens to wipe out longtime businesses, as well as the entire domestic swordfish supply. To preserve an industry that’s fe ...

American Society of Journalists and Authors v. Bonta

California’s freelancer law destroys journalists’ freedom, autonomy

In an effort to regulate the employment status of independent contractors, California passed a law forcing companies in the state to reclassify most freelancers as employees. Under AB 5, freelance journalists and photographers must cap their submissions at 35 per year, per publisher. Anything greater, and they become employees, losing their profess ...

Debbie Pulley v. Janice Izlar, President of the Georgia Board of Nursing

Georgia midwife sues to continue speaking truthfully about her profession

Debbie Pulley has been a Certified Professional Midwife in Georgia for 24 years, both working as a midwife and advocating for midwives. The state’s rules changed in 2015, allowing only licensed nurses to practice midwifery in Georgia. So Debbie turned her efforts to reforming Georgia’s laws and advocating for access to midwifery care. B ...

Constitutional Rights of American Indian Peggy Fontenot v. Eric Schmitt, Attorney General of Missouri

American Indian artist seeks to truthfully market her art

Peggy is a member of the Virginia-recognized Patawomeck Indian tribe through her mother’s line and is certified as an artisan by the federally recognized Citizen Potawatomi Nation through her father’s line. In addition to her numerous awards, she has shown and sold her art in museums and galleries throughout the United States, including ...

Discrimination Dancing D.M. & Z.G. v. Minnesota State High School League

Discrimination dance: “Girls only” school dance team is unconstitutional

When 16-year-old Dmitri Moua discovered dancing, he found a new way to be a part of a team and build his self-confidence. But when he wanted to join his high school’s competitive dance team, he was denied because he is a boy. Dmitri’s school is in the Minnesota State High School League—whose bylaws declare competitive dance a “g ...

Bad rulemaking threatens good conservation Kansas Natural Resource Coalition v. Department of Interior

Bad rulemaking threatens good conservation

A buffalo rancher by trade, Ken Klemm also uses his 4,000-acre ranch in Kansas for conservation efforts. In fact, Klemm works with the Kansas Natural Resource Coalition (KNRC) to implement a conservation plan for the lesser prairie chicken. The U.S. Fish and Wildlife Service considers such local collaboration for determining endangered listings und ...

Tugaw Ranches, LLC. v. U.S. Department of Interior

Illegal rulemaking threatens livelihoods

Like many western U.S. ranching families, the Picketts have worked on the same land in Idaho for many generations and have a thriving business selling naturally raised beef. And like many ranchers, their business depends on grazing permissions on federal land. But their livelihoods are threatened by rules that set aside over 65-million acres of fed ...

Freddie Linden banned from Dance Linden v. South Dakota High School Activities Association

School’s “girls-only” dance team policy is a constitutional hustle

Fifteen-year-old Freddie Linden of North Sioux Falls, South Dakota can now lace up his dancing shoes as part of his school’s competitive dance team. The accomplished dancer already competes nationally on private dance teams, but the South Dakota High School Activities Association (SDHSAA) established competitive dance as a “female-only& ...

Fontenot v. Hunter, Attorney General of Oklahoma

A state cannot prevent truthful marketing of art as “American Indian-made.”

Peggy Fontenot is an award-winning American Indian photographer and artist, specializing in hand-made beaded jewelry and cultural items. A member of Virginia’s Patawomeck tribe, she has made her living for 30 years traveling the country to show and sell her American Indian art. She regularly participated in Oklahoma art festivals until local, ...

Scott Timber Company v. Oregon Wild

Putting a thumb on the scale to benefit environmentalist plaintiffs

In environmental litigation, preliminary injunctions—orders from the court for a defendant to stop challenged activities while a case proceeds—are a way of life. Environmental plaintiffs routinely seek and obtain preliminary injunctions that can grind expensive, multi-year projects to a standstill. They do so because courts “presume” ...

African-style hair braiding - thumbnail Niang v. Carroll

Cosmetology cartel seeks to squash competition by African-style hair braiders

Missouri law requires African-style hair braiders to be licensed as a cosmetologist or barber. To obtain such a license, an applicant must pass a background check, undergo thousands of hours of training (costing thousands of dollars to attend special schools), and pass an exam. Neither the cosmetology nor barbering curricula teach African-style hai ...

Cascadia Wildlands v. Oregon Department of Fish & Wildlife

Oregon properly withdrew special protected status for thriving wolf packs

The Oregon Department of Fish and Wildlife and the Oregon Fish and Wildlife Commission removed the Canadian timber wolf subspecies of gray wolf from the state’s endangered species list in late 2015. Three environmentalist groups opposed this decision and sued to invalidate the delisting. On behalf of the Oregon Cattlemen’s Association a ...

Anderson v. Metropolitan Government of Nashville and Davidson County

Homeowners have a constitutional right to rent to travelers

Two Nashville ordinances banned any form of advertising short-term rentals with signage on the property, and capped the number of non-owner-occupied short-term rentals to three percent of the properties in each census tract. Rachel and P.J. Anderson periodically rent out their home via Airbnb and sued to strike down the law as violating their First ...

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