Parker Noland, an Army veteran, returned to his hometown of Kalispell, Montana, ready to contribute to his community and support himself by launching a small business in construction debris pickup. He saw a need: existing services were overwhelmed, often late, and left customers waiting. So, Parker did what Americans have done for centuries—he took action and started his business. But what should have been a success story quickly turned into a legal nightmare.
Despite having the tools, the drive, and the demand to serve his community, Parker faced a challenge that no small business owner should ever encounter. Established trash companies in the industry challenged Parker’s right to start his business by flooding him with costly discovery requests, which drove up his legal expenses and forced him to withdraw his application for a Certificate of Public Convenience and Necessity (PCN). Facing overwhelming legal costs and procedural demands, Parker had no choice but to abandon his application.
Montana’s constitution specifically protects “the rights of pursuing life’s basic necessities, … acquiring, possessing and protecting property, and seeking safety, health, and happiness in all lawful ways.” Yet the state allows incumbent companies to stifle competition by making it prohibitively expensive and legally daunting for new entrants to join the market.
In most cases, federal law applies a highly deferential “rational basis test” to economic rights. But this case presents a unique opportunity. Montana’s constitution is one of the few in the country that explicitly protects the right to pursue a livelihood. If successful, this case could set a precedent affirming that individuals in Montana have a fundamental right to earn a living.
Join the Fight
Since 1977, MSLF has fought to protect private property rights, individual liberties, and economic freedom. MSLF is a nonprofit public interest legal foundation. We represent clients pro bono and receive no government funding. Make your 100% tax deductible contribution today and join the fight.
At MSLF, we believe that every person should have the right to pursue a lawful occupation or build a business without being stifled by entrenched interests or restrictive regulations that favor established players. Americans deserve an equal opportunity to support themselves, contribute to their communities, and chase their dreams through honest enterprise and hard work.
We seek a ruling affirming Noland’s right to pursue a lawful occupation without interference from incumbent businesses. The government should not be in the business of deciding when essential services, like trash collection, are “needed,” especially when these decisions are swayed by established companies seeking to protect their interests.
What’s at Stake?
Parker’s case is a stand against economic systems prioritizing entrenched interests over individual freedom and the competitive spirit that defines America. If he loses, it signals to every aspiring entrepreneur in Montana—and potentially beyond—that outdated, protectionist laws can obstruct the American dream. Systems like “public convenience” requirements and “certificate of need” regulations across the country limit Americans’ ability to provide services to their communities and pursue financial independence. When government regulations allow private companies to hold veto power over competition, we all lose.