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Pacific Legal Foundation

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The Pacific Legal Foundation (PLF) is a public interest law firm that litigates on behalf of individual liberty, property rights, economic freedom, and the separation of powers. It appeared on The Bob Zadek Show through three attorneys across episodes spanning 2018 to 2022, each discussing a different area of the organization’s work. Bob Zadek described it as “one of my very, very favorite and most effective public interest law firms” and, in a later episode, said it does “God’s work.”

Endangered Species Act litigation

In a July 2018 episode, Tony Francois appeared as an attorney with the Pacific Legal Foundation working out of Sacramento. Zadek said Francois was helping prepare a case for the Supreme Court’s fall term concerning the Endangered Species Act, and that the episode would examine “what his environmental creds really are” regarding newly appointed Justice Brett Kavanaugh. Zadek framed the discussion around the unintended consequences and regulatory overreach of the Act, describing it as having shifted from protecting iconic species to serving as a tool for land-use control, with focus on the dusky gopher frog case in Louisiana and the Delta smelt’s impact on California’s water infrastructure Can California’s Endangered Species Survive U.S. Fish & Wildlife Policy? (2018).

In closing, Zadek summarized the effect of the Endangered Species Act’s operation protecting the Delta smelt — which he called “not even that cute a fish” — as having deprived farmers and Southern California residents of water. He characterized this as the “draconian effect” of the statute and said the matter was not about protecting one landowner but about protecting an entire state and country. He urged listeners to follow the case in the Supreme Court’s fall term and to support the Pacific Legal Foundation Can California’s Endangered Species Survive U.S. Fish & Wildlife Policy? (2018).

Separation of powers and the pandemic

In a July 2020 episode, Glenn Roper appeared as a practicing attorney and litigator with the Pacific Legal Foundation. Zadek introduced him by describing PLF as “an important public interest firm, law firm, which litigates on behalf of us, our individuals, for individual liberty, separation of powers, rule of law, and of great importance to this morning’s show, economic freedom and private property.” Zadek attributed to Roper a career serving at high levels of the legislative and judicial branches of state and federal government The Mini-Administrative State (2020).

The episode centered on James Madison’s observation that “the accumulation of all power, legislative, executive, and judiciary, in the same hands, may justly be pronounced the very definition of tyranny.” Zadek argued this described the pandemic governance of governors, mayors, county executives, and health department officials who had received delegated authority to dictate how people organize their lives and whether they can earn a living. He identified the separation of powers as the core structural concept dictating how state, local, and federal government is structured, and warned that losing the separation of powers would subject people to tyranny The Mini-Administrative State (2020).

In closing remarks, Zadek observed that implicit in the arbitrary actions of governors who had taken “extraordinary, almost dictatorial powers” was a decision that people staying healthy is more important than people earning a living. He quoted Governor Cuomo saying “Even one life is priceless” and Governor Wolf in Pennsylvania saying “First we deal with life, then we deal with livelihoods,” calling this an “utter insanity” and an “utterly irrational decision” that was not data-driven. Roper closed by directing listeners to pacificlegal.org for more information about PLF and its blog, saying the erosion of the separation of powers was something the organization was very concerned about, and inviting listeners to call if they were aware of a way PLF could get involved to push back against government overreach The Mini-Administrative State (2020).

Economic liberty and protectionism

In a January 2022 episode, Jessica Thompson appeared as a litigator for the Pacific Legal Foundation. Zadek said the organization litigates for “our Essential Liberty,” described it as “incredibly successful,” and said that while most people do not know about its work, “for sure you get a profound benefit” from it. He stated that based on his informal statistics, PLF “never lose—or rarely lose,” and that if they do lose, the loss is temporary because they are “right back in court righting wrongs” Food Truck v. Farmville (2022).

Thompson described PLF’s mission as fighting back whenever government encroaches on individual liberty and oversteps its constitutional bounds. She said the organization is big in property rights, defends the separation of powers as a protection of individual liberty, and works to ensure the Constitution’s protections of equality under the law and opportunity for all Americans. She expressed excitement about discussing opportunity for individuals to make their communities happy, engage in voluntary exchange of commerce, and pursue their own happiness and fulfillment Food Truck v. Farmville (2022).

The episode discussed the case of Mark Shirley, a food truck operator in Farmville, North Carolina. Zadek described the town government’s approach as “simply attempting to protect an established business against competition” and to raise money “for baseball bats and the like.” Thompson said Mark was not seeking monetary damages but was “making a philosophical point and a point about his right to earn a living,” frequently saying “what’s right is right and wrong is wrong.” She said Mark was willing to go back to the same regulations he was subject to when he first launched his business, but was challenging the amended ordinance requirements that forced him out of his parking spot and out of town. She said the town was free to repeal the amended ordinance anytime Food Truck v. Farmville (2022).

Thompson explained certificate of need laws, which PLF calls “the competitor’s veto law.” She described them as a particular type of occupational licensing requiring would-be entrepreneurs to obtain permission from the state before opening or expanding, and to prove their service or facility is needed. She said this most frequently comes up in healthcare or transportation, and that states allow direct competitors to weigh in — for example, asking competitors whether another respite care center for kids with special needs or another non-medical ambulance company is needed. Competitors frequently say they have it covered, and entrepreneurs are shut out. Thompson said the person determining need is not the consumer or customer but “the bureaucrat,” and that consumers are better empowered to know what services they need Food Truck v. Farmville (2022).

Zadek asked whether Mark Shirley could have built a brick-and-mortar restaurant on the same land. Thompson said yes, if he had followed property ordinances and received all necessary permits. Zadek observed that the city’s position was that the fact that Mark can move his restaurant off the property every evening is what makes him subject to the legislation. Thompson said brick-and-mortar restaurants contribute to property taxes, so it was possible the town’s lack of revenue from food trucks made food trucks a disfavored industry Food Truck v. Farmville (2022).

Thompson cited Baylen Linnekin’s article in Reason magazine about food trucks being squeezed out by local governments, and described Detroit loosening restrictions so food trucks must now be 200 feet away from existing restaurants and 300 feet away from sports arenas. She said this showed it was not just small towns like Farmville but even big cities like Detroit where protectionist attitudes come out. She mentioned American Coney Island and Lafayette Coney Island in Detroit — side-by-side brick-and-mortar restaurants for more than 100 years that sell hot dogs — and their concern about trucks selling hot dogs. Thompson said food trucks revitalize neighborhoods and encourage people to visit brick-and-mortar stores, and that many food trucks eventually become brick-and-mortar restaurants or successful restaurants buy food trucks. She encouraged listeners to contact PLF if they hear of food trucks being targeted Food Truck v. Farmville (2022).

Thompson listed other areas where PLF has fought: the right for moving companies, taxi cabs, and ambulance care operators to run their businesses, and fighting on behalf of a social worker in Louisiana who wants to provide childcare services to special needs kids. She said PLF fights for economic liberty in a variety of cases, and anytime certificate of need laws come up or arbitrary occupational licensing, they like to fight back Food Truck v. Farmville (2022).

Across episodes

Across the three episodes, PLF attorneys consistently described the organization’s work as fighting government overreach in different contexts. Tony Francois discussed the Endangered Species Act and property rights in 2018; Glenn Roper discussed separation of powers and pandemic emergency powers in 2020; Jessica Thompson discussed economic liberty, certificate of need laws, and food truck restrictions in 2022. Bob Zadek’s framing remained consistent — praising PLF as an effective public interest law firm and emphasizing its litigation on behalf of individual liberty. The later episode with Thompson provided the most detailed account of the organization’s mission and areas of work, including property rights, separation of powers, equality under the law, and economic opportunity. No episode shows disagreement among the guests about PLF’s mission or methods; each guest affirmed the organization’s focus on individual liberty and constitutional limits on government.

Guests and episodes

5 appearances by 5 guests, 2018–2022. Guests A–Z by first name.

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