EDITORIAL: States taking job regulation too far

If you think government can be trusted to regulate your right to make a living, consider the case of Steve Cooksey. He was told he needed a license to — wait for it — write a blog.

Mr. Cooksey, a reformed junk food junkie and couch potato, last month won a three-year battle with the state of North Carolina over his First Amendment right to write about diet and exercise. His story shows the outrageous lengths licensing boards will go to protect existing license holders from competition — and protect their own jobs.

Mr. Cooksey was diagnosed with Type II diabetes six years ago. He vowed to conquer the disease by fiercely embracing the low-carb, high-protein Paleo diet, better known as the “caveman” diet. He said he was drug- and insulin-free within 30 days. Three months later, he had lost 45 pounds. Excited about his success, he started a blog — Diabetes-Warrior.net — where he shared his story, advice about diet and exercise and other information.

Enter the state busybodies, who have so much time on their hands they can surf the web for Paleo blogs. They decided his writings violated state law. Even though the blog stated that Mr. Cooksey was “not a doctor, dietitian, nor nutritionist” and had “no medical training of any kind,” the state said the advice he provided amounted to “practicing nutrition,” which is something you can’t do in North Carolina without a license.

Despite facing a lawsuit from the dietetics and nutrition licensing board if he didn’t rewrite his entire blog — and up to 120 days in jail if he lost the lawsuit and refused to take down the blog — Mr. Cooksey fought back for three years with the help of the Institute for Justice, countersuing the board to be able to continue blogging without a license. Finally, in February, the board adopted new guidelines that allow non-licensed citizens to share diet advice without having a government license.

Although Mr. Cooksey’s story has a happy ending, scores of people across the country have experienced similar insanity — including here in Nevada. According to an Institute for Justice study, Nevada carries the third most burdensome licensing laws in the nation, and is the most expensive state in which to work in a licensed lower- and moderate-income occupation.

Remember Laura Bledsoe, whose Overton farm was the target of an overreaching Southern Nevada Health District inspector? The inspector ordered the destruction of Bledsoe’s home-grown food simply because she hadn’t witnessed the preparation and couldn’t vouch for its safety — despite the fact that the public returned again and again for the farm’s delicious and nutritious “farm-to-fork” dinner offerings without any complaints or instances of foodborne illness.

IJ helped defend Ms. Bledsoe’s right to earn a living in that case, deciding against litigation and encouraging local officials instead to rethink their regulatory policies, which they did. But that was just one fight. In a nation where licensing boards across the nation openly, arrogantly and unfairly strive to grow their empires by subjugating the rights of others — including the right of free expression — many similar battles are ahead.

Sometimes, credentialism does not serve the public interest. Sometimes, it’s a taxpayer-funded barrier to opportunity.