Nourish Our Neighbors—a Dayton-based charity group—fights back against the City’s food-sharing permitting scheme; Aerospace Solutions files a federal lawsuit against the State of Texas; and New York antiques dealers earn a hard-fought victory in the Second Circuit.

Here’s what’s on The Docket. 

The difference between sharing birthday cake and burritos? Handcuffs, apparently 

Sharing food with the hungry shouldn’t be a crime. But earlier this year, a community volunteer in Dayton, Ohio, was handcuffed for exactly that.   

Now Nourish Our Neighbors—the charity organization at the center of the scandal—is fighting back with a federal lawsuit challenging the City’s food-sharing permitting scheme, and PLF is representing the organization free of charge.  

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Texas’s racial set-asides are blatantly unconstitutional; we’re suing to have them overturned

Last week, we joined forces with Aerospace Solutions—a specialized staffing firm serving the aerospace and transportation industries—to file a federal lawsuit challenging Texas’ Historically Underutilized Business (HUB) program. 

Like most companies in the field, Aerospace’s success depends on having a fair shot at winning government contracts, but Texas’ HUB program leaves the company at a significant disadvantage—simply because the owner isn’t a member of one of the state’s preferred minority groups. Now, we’re fighting back.

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New lawsuit challenges Tennessee’s racial quotas for state boards and commissions  

No one should be barred from an opportunity because of immutable characteristics like race or sex. But a recent PLF study found unconstitutional race- and sex-based policies on the books in 25 states—including Tennessee.

Now, Do No Harm—a diverse nonprofit organization of over 6,000 physicians, healthcare professionals, medical students, patients, and policymakers—is fighting back with a federal lawsuit challenging Tennessee’s racial quota for chiropractor and medical board membership, and we’re proud to represent the organization. 

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Second Circuit rules in favor of antique dealers’ First Amendment rights

You would be hard-pressed to find someone willing to purchase a valuable antique without first physically inspecting it. But until recently, that was an all-too-common obstacle that New York antiques dealers faced, thanks to a state law that prohibited the display and sale of antiques with more than 20 percent ivory—even though those items could legally be sold to buyers in other states and internationally.  

But on November 13, in Art and Antique Dealers League of America v. Seggos, the U.S. Court of Appeals for the Second Circuit recognized that New York’s restriction on advertising lawful antiques and works of art violated the First Amendment rights of dealers. We’re proud to have fought alongside Art and Antique Dealers League of America in their resounding victory.  

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National Review: It’s time to reclaim the West from federal control

More than 600 million acres of land in the United States are under federal control, including 18.8 million acres in Utah alone (about a third of the state).   
 
In a recent article in National Review, PLF legal fellow Ethan Blevins argues that “[g]iving federal lands back to the states will not turn the West into a Mad Max set—it will just restore the system of separated powers that promotes freedom and prosperity.” 

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Neighbors are trying to stop this Montanan from building a home for his veteran brothers

In 2023, Montana legislators passed a series of laws—dubbed the “Montana Miracle”—that were aimed at creating more affordable housing across the state. However, just days before the laws took effect, an activist group sued, turning the “Miracle” into a nightmare for many Montanans—including Clancy Kenck.  

Clancy had recently purchased land in Missoula, Montana, with the intention of building a duplex where he and his two older brothers could live. His goal was to make their lives a little easier as they dealt with declining health and old age. Determined to press forward despite the group’s complaint, Clancy chose to take legal action as an intervenor—and Pacific Legal Foundation joined the case. 

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New study shows licensure is no boon—it’s a barrier

Most Americans would agree that requiring childcare workers to be CPR-certified is a reasonable safety measure. But should those same workers be required to have a 4-year degree?  

In their latest piece, PLF senior attorney Anastasia Boden and legal policy counsel Jaimie Cavanaugh examine the harmful realities of licensure, the vested interests that fight to keep these counterproductive laws on the books, and the many arguments for their repeal.  

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Reparations Roundup: November 2024

PLF attorneys have been tracking the development of race-based reparations proposals springing up across the country. Proposals have included things like direct cash payments, grants, and government programs with race-based eligibility requirements—often in direct violation of the Fourteenth Amendment’s Equal Protection Clause. 

You can find the latest roundup—breaking down new developments in Missouri, New York, Tennessee, Kansas, and Washington State—at the link below.

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Understanding your Seventh Amendment rights

From the 1970s until earlier this year, Americans’ Seventh Amendment protections were seriously eroded. Federal agencies’ authority and civil adjudication powers had expanded, and significant fines and other serious penalties were being levied without a jury or even an independent judge weighing in. 

As PLF attorney Josh Robbins explains, all of that changed with “the Jarkesy Revolution.” For more on the history, defining moments, and future of Seventh Amendment protections in the United States, check out Josh’s blog in the link below. 

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