When A Strongly Worded Letter Does The Job

Kelly Phillips’ cake pop business, KP’s Kake Pops & Treats, is a “labor of love.” Through a decade of long hours and extraordinary levels of detail, Kelly’s enthusiasm for baking blossomed into a bustling business that she runs in her spare time—until last November, when Virginia food regulators destroyed all that hard work. 

Officials informed Kelly that she couldn’t use her website or social media to advertise her cake pops. They cited a regulation that prohibited certain cottage foods from being sold online. But Kelly doesn’t sell her cake pops online. She, like many other small businesses, only uses social media to attract customers for in-person sales. Crushed by the news, Kelly reached out to IJ. 

So we sent a letter calling on state regulators to lift their ban on home bakers advertising online. Ultimately, IJ’s letter not only forced Virginia regulators to relent but also produced legislative change. Because of Kelly’s story, Virginia enacted the “Cake Pop Bill,” which solidifies home bakers’ constitutional right to advertise their products online.

A similar story unfolded in Honolulu. There, brothers Stewart and Andy Chung opened a modest restaurant, EbiNomi, to invest for their retirement. Nestled in a private courtyard, EbiNomi is invisible from the public sidewalk or street. So for years, the brothers placed a small, portable menu board near the public sidewalk to attract tourists—EbiNomi’s primary customers. 

But last September, a code inspector told Stewart and Andy that their small sign was banned under Honolulu’s sign regulations. Without the sign, EbiNomi’s sales plummeted. The brothers feared the prospect of giving up on their award-winning restaurant and retirement dreams. Like Kelly, they reached out to IJ for help.

And again we sent a letter, this time calling on Honolulu to lift its sign ban, which violated the First Amendment by stopping EbiNomi and other restaurants from setting out signs while allowing signs from politicians, realtors, and event planners. In response, Honolulu agreed to suspend enforcement of its sign ban and take steps toward reform. The result? EbiNomi’s sales soared over 200%. Other once-struggling Honolulu businesses are now booming, too.

IJ exists to set far-reaching precedent—but not every instance of government overreach is a good target for IJ’s full litigation arsenal. In those circumstances, we’re able to act quickly and efficiently to roll back bad policies and expand freedom.

Daniel Nelson is IJ’s research attorney and Matthew Prensky is IJ’s communications coordinator.