Issues and Cases

Razing government roadblocks to competition in the moving business

Arty Vogt and Vogt Ventures LLC v. Ferrel, et al.


Contact: Anastasia P. Boden and Larry G. Salzman

Status: Victory! Governor Justice signed the bill repealing West Virginia’s competitor’s veto law on April 25, 2017.
 
Summary:
West Virginia forces entrepreneurs to prove a “need” for additional moving services before they are allowed to operate.  PLF is challenging this roadblock to new competition — called a “Certificate of Necessity” law — on behalf of Arty Vogt, owner of Lloyd’s Transfer & Storage, in Berryville, Virginia.  Vogt’s business was blocked from expanding 10 miles across the border into West Virginia by the unconstitutional law.  The lawsuit argues that the restriction is unconstitutional because it burdens interstate commerce in violation of the U.S. Constitution's Commerce Clause and because it is not rationally related to a legitimate government interest, in violation of the Fourteenth Amendment. West Virginia’s Certificate of Need law exists solely to protect established companies from legitimate competition.

 

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