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Tag: Fourteenth Amendment

July 18, 2018

Victory in the Starry Night mural case!

The Starry Night House saga has finally come to a close. Last night, the Mount Dora City Council voted unanimously to approve a settlement agreement that lets homeowners Nancy Nemhauser and Lubomir Jastrzebski keep the mural on their house and a surrounding wall. The agreement also dropped all of the previously imposed fines and will ...

April 12, 2018

South Dakota must let boys dance

Freddie Linden is a fifteen-year-old dancer who wants to try out for his South Dakota high school’s Competitive Dance team. Freddie began dancing when he was seven years old, and his family quickly realized that he possessed natural talent for dance. Since then, Freddie has trained extensively, landed roles as a lead dancer in multiple produ ...

February 21, 2018

Federal judge grants temporary restraining order against city over Starry Night mural

This morning, a federal judge granted our motion for a temporary restraining order against the City of Mount Dora. This puts the $100 a day fines on hold until we have an opportunity to argue that he should issue a preliminary injunction for the remainder of the case. Most importantly, it shows that the judge agrees ...

February 20, 2018

Family files federal complaint to save their “Starry Night” mural

Today we filed this complaint against the City of Mount Dora, along with emergency motions asking for a temporary restraining order and preliminary injunction against the city. We alleged that the city has acted unlawfully and unconstitutionally by fining Nancy Nemhauser and Lubek Jastrzebski for a Starry Night-inspired mural that adorns the wall ...

August 10, 2017

Should the public trust doctrine be expanded to the use of groundwater?

This morning PLF filed this amicus brief in the California Court of Appeal for the Third District in support of the County of Siskiyou. We asked the Court of Appeal to overturn this superior court decision, which expanded public trust considerations to permits issued for the use of groundwater. Adopting the superior court’s rationale could ...

May 18, 2017

Why the separation of powers matters for racial equality

In high school, I spent hours hunkered at a library computer playing Sid Meier’s Civilization instead of working on the school newspaper. In the game, you could lead your own civilization from stone age to space age. You’d guide every detail about your burgeoning society–from their religion to their labor. You’d event ...

October 21, 2016

Victory for Nashville property owners and guests

In an important victory for economic liberty and property rights, today, a judge in Nashville, Tennessee agreed that the Nashville Metro Council’s regulations of short-term rentals are unconstitutional. Among other things, the ordinance banned any form of advertising short-term rentals with signage on the property, and capped the number of n ...

October 05, 2016

Tesla finally challenging Michigan's anti-competitive direct-sales ban in court

Rather than use independent dealerships, Tesla Motors has fought for years to sell its luxurious, electric vehicles directly to consumers through galleries owned and operated by Tesla. It should come as no surprise, then, that the car dealerships have teamed up in various state legislatures to keep Tesla out of their state unless Tesla agrees to ...

September 14, 2016

Courts should care about your right to earn a living

Though the rights to free speech and bear arms get all the press, the right to earn a living might be the most fundamental right of all.  The Fourteenth Amendment protects that right—allowing all of us the opportunity to provide for our families by pursuing a lawful vocation.  There was no better advocate for that ...

August 10, 2016

Dentist's legal battle with Ohio will continue

Advertising one’s area of expertise is usually desirable for both the professional and the public. But if you’re a dentist in Ohio, regardless of whether you are completely qualified in a specialty area of dentistry, you might not be allowed to advertise yourself as a specialist in that area. Fortunately, last week, the Sixth Circuit ...