From Erica Smith Ewing, Institute for Justice <[email protected]>
Subject a quick win – and IJ’s longer fight
Date March 3, 2023 8:12 PM
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Sometimes, all it takes to defend the rights of ordinary Americans is a single letter.

John Bultman has operated a one-man auto repair shop in Fargo, North Dakota, for 42 years. During that time, the town rezoned the area—but told John he had a grandfathered right to continue running his business. Then, in December, the city suddenly told John he had to close his shop or face $1,000 daily fines, with no way to appeal.

Why? Because two years earlier, John sold the land and began renting the same business space from the new owner. But Fargo’s own laws make it clear the change in the property’s ownership doesn’t change John’s right to run his business. So, my colleagues and I drafted a letter to city officials warning them to stop their unconstitutional actions ([link removed] ) . Three weeks later, the city agreed to allow John to stay until he retires rather than risk an IJ lawsuit.

But progress doesn’t always come this quickly. Other times, officials dig in their heels in defiance of all common sense.

You may recall IJ’s recent trial court victory striking down a ban on home cooks in Wisconsin selling shelf-stable foods directly to consumers. This week, Wisconsin’s Department of Agriculture, Trade and Consumer Protection appealed that ruling—despite our string of earlier victories and the department’s own regulators admitting that the ban existed because of pressure from powerful interest groups and not food safety concerns. ([link removed] )

Now, we will fight on—and win once more—at the state's Court of Appeals, where a victory will have even more far-reaching implications for economic liberty in Wisconsin. Whether it takes one letter or six years, IJ will stand on principle beside our clients until they are free to follow their vision of the American Dream.

Our supporters allow us to defend the rights of small-business entrepreneurs and all other Americans in the face of government obstinacy. Please make a secure online donation to fund this vital work. ([link removed] )

Erica

Erica Smith Ewing

Senior Attorney

Institute for Justice

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Institute for Justice, 901 N. Glebe Road, Suite 900, Arlington, Virginia 22203

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