Yesterday, IJ client and online vision testing company Visibly won an appeal against a lower court decision that would have ended our legal challenge to South Carolina’s anti-competitive ban on Visibly’s technology.

This means that IJ will have the chance to vindicate our client’s rights in court. Will you join us as we keep fighting to ensure that economic liberty and technological innovation can flourish—in South Carolina and across the country?

Visibly’s technology lets customers take an online eye exam from the comfort of their own home; a licensed eye doctor then reviews the data and writes a prescription for glasses or contacts. The process is quick, convenient, and as accurate as traditional eye exams. The startup served satisfied customers until 2016, when the South Carolina legislature outlawed use of Visibly’s technology at the behest of brick-and-mortar optometrists. The legislature was so beholden to the industry group that, after then-Governor Nikki Haley vetoed the legislation, arguing that it would drive up costs and curtail innovation, lawmakers overrode the veto!

But states can’t pass laws purely to protect special interests from competition, so Visibly joined with IJ to challenge the state’s ban. In 2018, a trial court held that Visibly was “only” prevented from using its chosen business model and, according to the court, that harm wasn’t sufficient to allow Visibly to sue. Yesterday, the appeals court reversed that ruling and sent the case back to the lower court, where IJ will fight for a decision that protects the right of all to earn an honest living.

Visibly’s case is one of five current IJ cases defending the ability of entrepreneurs and consumers to benefit from creativity and innovation. As technology revolutionizes ever more industries, IJ’s defense of competition and entrepreneurship in court is crucial. Indeed, IJ and our work in the courts are often the last line of defense against a legislative system beholden to special interests and established industries. Please support our ongoing fight with a tax-deductible donation today.

Scott

Scott G. Bullock
President and General Counsel
Institute for Justice

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