The Competitive Enterprise Institute has been all over the shutdown of private businesses that take no money from the Federal government, but have been closed by the Administration none-the-less. The Daily Caller has an article up that includes some quotes from yours truly
During the government shutdown, the Obama administration has forced the closure of privately owned parks, stoking calls from lawyers for park owners to take legal action against the federal government.
“As a lawyer who once worked for the government, I assume there is no legal authority for this because these private tourist attractions were not shut down in prior ‘government shutdowns,’ even under Bill Clinton, who understood how to play political hardball,” Hans Bader, senior attorney at the Competitive Enterprise Institute wrote in an email.
A lawyer with the conservative Heritage Foundation said that the Obama administration’s actions were likely illegal and that business owners forced to close shop should sue.
“They should immediately file a lawsuit and seek a temporary injunction against the government,” said Former Justice Department lawyer Hans Von Spakovsky.
Which is what we are doing right at this moment. Several other groups are winning similar suits.
Another example (though I am told the Cliff House case was greatly aided by connections they had with Nancy Pelosi).