Forwarded this email? Subscribe here.

The Docket from Pacific Legal Foundation

A Florida retiree fights back against city’s excessive fines; a New York court ruling upholds cannabis companies’ Fourth Amendment rights; and PLF’s Frank Garrison argues in favor of limited sales of public lands.

WE’RE SUING A FLORIDA CITY OVER ITS EXCESSIVE FINES AND CODE ENFORCEMENT ABUSE

On Tuesday, PLF attorneys filed a federal lawsuit challenging the City of Largo, Florida’s oppressive and unconstitutional use of fining power as a money-making scheme.

Our client, Don Bourgeois, invested much of his life’s savings into a small, multi-unit rental property in Largo, planning to use the rental income to sustain his retirement. But his dreams turned into a nightmare when a series of minor code violations resulted in nearly $600,000 in fines—eventually costing him his entire investment.

Sadly, Don’s story isn’t unique. State and local governments regularly impose outrageous fines for minor offenses, with the burden often falling on citizens—like Don—who can least afford to pay. Now, we’re fighting back.

COURT RULES CANNABIS INSPECTIONS VIOLATED FOURTH AMENDMENT

In a victory for constitutional rights, the New York Supreme Court for Albany County recently ruled that unannounced, warrantless searches of regulated marijuana businesses violated the Fourth Amendment.

While this ruling is a welcome victory for business owners, it highlights a much larger issue: Courts historically have been too permissive in allowing warrantless regulatory searches. Operating in a regulated field does not strip business owners of their constitutional rights.

TRANSFERRING PUBLIC LAND TO PRIVATE OWNERSHIP WILL UNLEASH AMERICA’S ABUNDANT NATURAL RESOURCES

Last week, the House Natural Resources Committee sparked an uproar among some members of Congress when it proposed limited public land sales—covering less than 1% of federal holdings in Nevada and Utah.

PLF attorney Frank Garrison argues that the Committee’s proposal is a step in the right direction. After all, America’s abundant natural resources—including our oil, natural gas, coal, timber, and precious minerals—“remain largely inaccessible” due to “distant bureaucrats with shifting political priorities” responsible for public land management.

NATIONAL REVIEW: A TRADE WAR IN YOUR LIQUOR CABINET

While international tariffs have dominated the headlines in recent months, interstate protectionism—particularly in the craft distilling industry—has been hamstringing small businesses and limiting consumer choice for years.

As PLF’s Anastasia Boden points out in National Review, this “interstate bickering” is exactly the sort of issue the Constitution was designed to prevent.

LEVEL PLAYING FIELD OR STRIKING OUT EQUALITY?

For over 100 years, the Indiana High School Athletic Association (IHSAA) has sought to empower students to develop “their character and emotional maturity” through sports. But in its 2024 By-Laws, the Association established blatantly unconstitutional race- and sex-based requirements for certain seats on its Board of Directors.

As PLF’s Erin Wilcox and Laura D’Agostino argue, “True empowerment is achieved when people are treated as individuals.” What kind of lesson is the IHSAA teaching student-athletes by discriminating against some Hoosiers based solely on their race or sex?

THE SAN DIEGO UNION-TRIBUNE: COUNTY LIBRARY OFFICIALS CENSORED MY SHOW. NOW I’M FIGHTING BACK.

A few weeks ago, we introduced you to Annette Hubbell—the accomplished actor, author, and producer now suing the San Diego County Library over its explicitly race-based censorship.

Last week, Annette shared her story in The San Diego Union-Tribune, and it’s a must-read: “I don’t relish a legal dispute. I’m not adversarial by nature...But I decided that if I was going to celebrate historical figures who stood up to injustice at a time when their lives were at stake, I could stand up for justice today.”

UNSHACKLE NEBRASKA’S HEALTHCARE: REPEAL CON LAWS TO EXPAND ACCESS AND LOWER COSTS

In Nebraska, a “certificate of need” (CON) is required to establish, transfer ownership, or expand the capacity of long-term-care beds or rehabilitation beds at healthcare facilities—including nursing homes. It’s an outdated system that limits access to care and increases costs—the opposite of what its proponents claim.

PLF’s Jim Manley and John Sweeney recently coauthored a call to action for Nebraska legislators to repeal these laws and unshackle the state’s healthcare system by passing Legislative Bill 437.