Weekly litigation report — April 22, 2017

Suit filed challenging Wisconsin’s illegal butter rule Briefing complete in challenge to California’s mining ban Opposition to California proposal to remove protection for homes Supreme Court requires return of seized property Oral argument held in Trinity Lutheran Suit filed challenging … Continue reading

Minerva Dairy challenges Wisconsin’s anti-competitive artisanal butter ban

This morning, Minerva Dairy and its President, Adam Mueller, challenged a Wisconsin law that bans butter from being sold within Wisconsin if it hasn’t first been “graded.” Wisconsin’s law prevents butter makers outside of Wisconsin from selling their products in … Continue reading

In Seattle, social justice trumps fundamental rights

Yesterday, the Seattle Times ran my op-ed about our lawsuit challenging a Seattle law that forbids landlords from choosing their own tenants. In Yim v. City of Seattle, we argue that the city has violated due process rights and rights against uncompensated … Continue reading

Can government regulate your subconscious?

Today, we filed a legal challenge against Seattle’s heavy-handed attempt to squash its residents’ “unconscious bias.” A new Seattle ordinance forbids landlords from choosing their own tenants in a sweeping effort to prevent subliminal prejudices from tampering with their decisions. The … Continue reading

PLF attorney Tony Francois speaks tomorrow at World Ag Expo

I will be speaking tomorrow at 10:45 am Pacific in the Seminar Center at World Ag Expo in Tulare, California. I will be joined by PLF client John Duarte, and we will be providing an overview of Duarte Nursery v. … Continue reading

California supreme court declines to hear due process appeal

Sometimes life comes at you fast. Just last week we reported on our letter asking the California Supreme Court to grant review in Drakes Bay Oyster Company v. California Coastal Commission, to decide whether an enforcement agency can compromise its … Continue reading

CCC levies a $4.2m fine for blocking nonexistent staircase

  Dear Californians, this is your California Coastal Commission: willing to fine property owners over four MILLION dollars for blocking “public access” that doesn’t exist. Even to those who have spent years following (and fighting) the Coastal Commission’s brazen overreaching, … Continue reading

Still presumed guilty after exoneration

Calvin, from Calvin and Hobbes, wrote a letter to Santa one year: “Dear Santa, this year, please bear in mind that I should be presumed innocent until proven guilty. Also, I would encourage you to interpret ‘reasonable doubt’ as broadly … Continue reading

The home of the free (*government permission required)

Wow, I was really dreading the possibility that somewhere, somebody was actually being paid to make a meal for someone else without permission from the government. Good thing that undercover sheriff’s investigators, and aggressive prosecutors, have this menace to the public … Continue reading

Wanted: Courts that stand up to government bullies

Should courts defer to democracy? Many do. In fact, most constitutional challenges face an uphill battle because courts hesitate to question the judgment of legislatures. In a brief filed today in the North Carolina Supreme Court, we explain how this judicial restraint … Continue reading