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Friday, September 17, 1999
Copyright © Las Vegas Review-Journal
Free the barbers
Case highlights overregulation of stylists, braiders.
A federal judge has dealt a blow to protectionist regulatory schemes passed under the guise of "public safety."
The case -- out of San Diego -- dealt with California cosmetology laws but could have ramifications in other states, including Nevada, that prohibit barbers, hair stylists and others from working without a license.
JoAnne Cromwell, a hair braider and San Diego State University professor, felt there was no reason she should be forced to undergo 1,600 hours of training in order for the state to let her do her job. So she sued.
U.S. District Court Judge Rudi Brewster ruled in her favor last month.
"The court concludes that requiring a would-be African hair braider to attend a school of cosmetology is irrational and certainly unreasonable," the judge said.
As The Associated Press reports, hundreds of hair braiders nationwide now operate underground in order to avoid state cosmetology laws that require them to meet costly and extensive licensing rules. The rationale for the regulations is that they protect public safety.
"They're working in an environment where diseases and where head lice can be transmitted from person to person," Gordon Miller, executive director of the 30,000-member National Cosmetology Association, told the AP. "Sanitary procedures are things that need to be learned and understood."
Sounds good, but as Clint Bolick, the attorney who filed the suit for Ms. Cromwell, pointed out, during the litigation the state was "unable to identify virtually any unlicensed hairstylists who had harmed consumers. They know they can snuff out competition if they force African hairstylists to submit to massive irrelevant training in cosmetology schools that derive an enormous profit."
There may be some justification for ensuring that people who deal in caustic chemicals and come into contact with consumers have some oversight -- though 1,600 hours is absurd. But in reality, state regulations go far beyond that and have evolved into thinly veiled efforts to restrict competition. They turn thousands of hard-working Americans into potential criminals -- when their only offense is to attempt to earn an honest living.
Mr. Bolick says he hopes to use the California ruling to push for nationwide deregulation of the industry. Here's hoping Nevada is his second stop.
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