Cosmetology school owners sue state

A pair of makeup artists went to court Tuesday to challenge a state agency that basically agrees with them.

Wendy Robin and Lissette Waugh both opened makeup artist schools in 2010, only to be told by the Nevada State Board of Cosmetology that they had violated state law. While a cosmetic artist does not need a professional license in Nevada, a school does and must follow the regulations and curriculum set by the agency.

Casting this as a constitutional rights issue, they filed a lawsuit in U.S. District Court to overturn the law, backed by the Arlington, Va.-based libertarian Institute for Justice. The current system, said Lissette Waugh, owner of L Makeup Institute in downtown Las Vegas, denies "makeup artist rights."

"We have to take irrelevant classes, teach irrelevant material and buy irrelevant equipment just to operate our own schools," she said.

Institute for Justice attorneys cast the action as promoting freedom of speech and earning a living, viewing the case as a vehicle to set a precedent. The group has pushed across the country, seeking to roll back professional license requirements.

Cosmetology board administrator Vincent Jimno said the directors had offered Waugh and co-plaintiff Robin a loophole to stay in operation while pursuing legislation to change the status of makeup artists. The avenue allows them to sell cosmetic kits and demonstrate their use.

Waugh chose to work within the loophole, but Robin closed her Henderson location last year.

At the same time, he said, the board is submitting legislation to Gov. Brian Sandoval to exempt makeup artists from all of the requirements of a full cosmetology school.

"We have continued to move away from protectionist laws," Jimno said. "The governor also wants to remove restrictions and open opportunities for people."

If the change does not make the roster of the 100 bills a governor can submit to a legislative session, with the next one in 2013, Jimno said the board will seek a legislative sponsor.

"We don't have any philosophical opposition to what they are trying to do," Jimno said. "It seems like there is going to be a lot of legal work for nothing."

Contact reporter Tim O'Reiley at toreiley@reviewjournal.com or 702-387-5290.