Columbus, OH – The Buckeye Institute has filed an amicus brief in the case of Jake’s Fireworks Inc. v. Consumer Product Safety Commission (CPSC), urging the U.S. Supreme Court to consider the case. The organization argues that businesses facing civil and criminal penalties from regulatory agencies should have the right to a court hearing.
David C. Tryon, director of litigation at The Buckeye Institute, stated, “This common government practice of threatening businesses with ‘non-compliance’ fines and penalties under the guise of ‘non-final notices’ is a blatant attempt to block Americans from taking their cases to court.” He added that this case provides the court with another opportunity “to balance the scales of justice.”
The brief contends that when faced with threats of enforcement by government agencies, regulated parties should be entitled to judicial review and access to courts in a timely manner.
Jake’s Fireworks is represented by Pacific Legal Foundation in this matter. Other organizations such as Americans for Prosperity, the Manhattan Institute, and National Federation of Independent Business have also joined The Buckeye Institute’s brief.
