HomeUploadUpload DirectHotlinkRandomAbouttheme toggle

Home Baker Files Lawsuit Challenging City’s Unnecessary Regulations

Views:945
@IJvids

Today, home baker Cindy Harper joined with the Institute for Justice (IJ) and Husch Blackwell LLP to file a lawsuit challenging the City of Lincoln for bringing back regulations at the local level that were repealed by the state legislature.

-------------------------------------------------------------------------------------------------------------------------
https://ij.org/press-release/let-them-sell-cake-lincoln-home-baker-files-lawsuit-challenging-citys-unnecessary-regulations/
-------------------------------------------------------------------------------------------------------------------------

In 2019, the Nebraska legislature passed LB 304 to exempt home bakers from having to satisfy unnecessary permitting and inspection requirements. But within months, the City of Lincoln went rogue by imposing its own permitting and inspection requirements on home bakers. The lawsuit has taken on increased importance during the COVID-19 pandemic as consumers seek access to safe, fresh and convenient food sources more than ever. Cindy is ready to fight back in court and has partnered with the Institute for Justice to defend her right to sell safe and delicious foods from the comfort of her home.

“The right to sell home-baked goods in Nebraska shouldn’t depend on what city you happen to live in,” said Cindy Harper. “Lincoln should listen to the Nebraska legislature and leave home bakers alone.”

Last year, thanks in part to testimony from Cindy before the state’s legislature, Nebraska unanimously passed LB 304 and joined the vast majority of states allowing individuals to sell shelf-stable foods (such as cookies, breads, and jams) directly from home after they register with the state. Cindy promptly registered as a home baker under LB 304, planning to launch her own home-baking business.

“Cindy followed Nebraska law by registering with the state as a cottage food producer,” said IJ Attorney Joshua Windham. “Lincoln should do the same.”

In January 2020, the City of Lincoln unveiled its new regulations. The City’s cottage food ordinance requires producers to obtain an additional local permit and pass home inspections (conducted “as frequently as necessary”) to determine compliance with the Lincoln Food Code.

The new lawsuit argues that the City cannot enact regulations that restrict rights protected by state laws. When state Senator Sue Crawford introduced LB 304, she emphasized that the shelf-stable goods covered by the law “are simply not risky foods,” and that the law was designed to “make sure that all citizens can participate in the home cottage food industry without imposing . . . overly burdensome regulations,” like permitting and inspections. The City’s ordinance defeats the point of Nebraska’s law.

“Lincoln’s ordinance is a solution in search of a problem,” said IJ attorney Keith Neely. “Home-baked goods are just as safe in Lincoln as they are in the rest of Nebraska.”

This case is part of IJ’s National Food Freedom Initiative. IJ is currently challenging similar regulations in North Dakota. IJ has won constitutional challenges to Wisconsin’s ban on the sale of home-baked goods and to Minnesota’s restrictions on the right to sell home-baked and home‑canned goods. IJ has also helped pass laws expanding the sale of homemade foods in several states across the country, including in Kentucky, Maryland, West Virginia and Wyoming.

In addition to IJ, Cindy is represented by Omaha attorney Dave Lopez of Husch Blackwell LLP.
Donate to IJ: https://ij.org/support/give-now/

ij
,
institute for justice
,
freedom
,
liberty
,
individual rights
,
constitution
,
constitutional law
,
unconstitutional law
,
con law
,
constitutional litigation
Thumbnail for Horse Tooth Floaters Fight for the Right to Earn An Honest Living - News 8 Austin (August 20, 2010)1:52
Horse Tooth Floaters Fight for the Right to Earn An Honest Living - News 8 Austin (August 20, 2010)
IJvids
917 views
Thumbnail for Obama - Four Years and Change2:46
Obama - Four Years and Change
ReasonVids
857 views
Thumbnail for What if… Booze was Named for Its Effects? | Popp Culture21:25
What if… Booze was Named for Its Effects? | Popp Culture
Terrence Popp
653 views
Thumbnail for 'Hope For Assange?' With Guest Julian's Brother Gabriel Shipton28:59
'Hope For Assange?' With Guest Julian's Brother Gabriel Shipton
ronpaul.topic
594 views
Thumbnail for Why is Zuckerberg open sourcing LLMs?1:41
Why is Zuckerberg open sourcing LLMs?
bestofupgoat
415 views
Thumbnail for Amour | Rammstein - Topic4:51
Amour | Rammstein - Topic
invidious
310 views
Thumbnail for Banned Books Week: Comic Books and Literary Censorship6:47
Banned Books Week: Comic Books and Literary Censorship
ReasonVids
993 views
Thumbnail for Stowaway Found0:34
Stowaway Found
bestofvoatxyz
519 views
Thumbnail for It's just salt.0:50
It's just salt.
AOUisgay
612 views
Thumbnail for Alex Epstein on Trump, Energy Policy, and the Moral Case for Fossil Fuels58:54
Alex Epstein on Trump, Energy Policy, and the Moral Case for Fossil Fuels
ReasonVids
911 views
Thumbnail for Mob Rule in Baltimore7:22
Mob Rule in Baltimore
AmericanRenaissance
1831 views
Thumbnail for Me and my homies after getting N-word pass0:53
Me and my homies after getting N-word pass
bestofvoatxyz
796 views
Thumbnail for suicidal libshit NPC bitches0:47
suicidal libshit NPC bitches
bestofupgoat
212 views
Thumbnail for Spaghetti appropriation 0:26
Spaghetti appropriation
AOUisgay
469 views
Thumbnail for Halo 3 - Team Slayer - The Pit (XBOX ONE) | Mystical Gaming9:44
Halo 3 - Team Slayer - The Pit (XBOX ONE) | Mystical Gaming
invidious
344 views
Thumbnail for Did the Supreme Court Just Say States Have to Fund Religion?33:05
Did the Supreme Court Just Say States Have to Fund Religion?
IJvids
1020 views
Thumbnail for Court Argument: Compensate Bone Marrow Donors to Save Lives2:31
Court Argument: Compensate Bone Marrow Donors to Save Lives
IJvids
890 views
Thumbnail for Halo Infinite - Oddball - Live Fire (XBOX SERIES X) | Mystical Gaming12:54
Halo Infinite - Oddball - Live Fire (XBOX SERIES X) | Mystical Gaming
invidious
376 views
Thumbnail for We have reached peak cuteness. It's aww downhill from here.0:32
We have reached peak cuteness. It's aww downhill from here.
bestofupgoat
494 views
Thumbnail for Sometimes you can't explain why those things happen...0:30
Sometimes you can't explain why those things happen...
bestofvoatxyz
1950 views
Thumbnail for Are Your Kids Too Fragile? How to Make the Next Generation More Resilient.25:23
Are Your Kids Too Fragile? How to Make the Next Generation More Resilient.
ReasonVids
798 views
Thumbnail for Too White!11:17
Too White!
AmericanRenaissance
1348 views
Thumbnail for Lobsters Invade D.C.!1:55
Lobsters Invade D.C.!
ReasonVids
840 views

points

Permalink
Reply
ij
,
institute for justice
,
freedom
,
liberty
,
individual rights
,
constitution
,
constitutional law
,
unconstitutional law
,
con law
,
constitutional litigation
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle