As we look ahead together to better days, I write to share a few pieces of good news from several ongoing IJ cases. Each of these victories involves vital liberties. Success in these cases not only has a direct impact on the lives of our clients but also protects the property and livelihoods of thousands like them—now and after the current crisis passes.

• IJ won a first-round victory for Florida resident Jim Ficken, whose town saddled him with $30,000 in fines and foreclosure because his grass grew too long. Last week, a district judge rejected the city’s attempt to throw out our case, allowing us to continue fighting this abusive “taxation by citation” scheme. As governments face mounting revenue losses from the pandemic, their temptation to resort to abusive fines and fees to close shortfalls will be great—and IJ’s continued work on this front will be critical to protect property rights.

• We also celebrated a victory for small dairy farmers like Randy Sowers. You may recall that Randy simply wanted to sell all-natural skim milk to customers—but the FDA wouldn’t allow him to label his products truthfully because he refused to inject them with vitamin additives. For years, state bureaucrats have used the agency’s arbitrary labeling requirements to threaten small farmers like Randy with fines and even closure. Randy’s success is a win for the First Amendment, which protects the rights of business owners to truthfully communicate to their customers.

• And last, but certainly not least, we learned yesterday that Tyson Timbs will finally get his vehicle back! IJ and Tyson won a landmark victory at the U.S. Supreme Court last year, establishing that the Constitution’s protection against excessive fines and forfeitures is meaningful and applies to state and local governments. But to right the wrong that was done to him, we needed to go back to court in his home state of Indiana and prove that forfeiting Tyson’s only vehicle, worth $40,000, was in fact an excessive punishment. This court’s decision yesterday is the latest victory in Tyson’s long battle to defend his property rights and another step forward in IJ’s long-term campaign to end civil forfeiture and abusive fines and fees. The judge held that in weighing whether this forfeiture was excessive Tyson won “by a significant margin.” The judge also recognized the central role vehicles play in enhancing personal freedom in addition to being necessary to sustain work and opportunity, especially in a largely rural state like Indiana.

With so many things uncertain and on hold these days, one thing you can count on is that IJ’s vital work will not pause—and we will keep the victories coming. If you can, please join with us and make a tax-deductible donation to IJ today.

Scott

Scott G. Bullock
President and General Counsel
Institute for Justice

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