Hair-Braider Sues over Utah Law Requiring Cosmetology License

Saturday, April 30, 2011
Jestina Clayton (photo: Jim Urquhart, Associated Press)
Jestina Clayton is suing the state of Utah for requiring her to get a cosmetology license so she can weave hair—something she claims is unconstitutional.
 
A refugee from Sierra Leone, Clayton says she was told by a state regulator two years ago that she would not need licensing for her part-time work, since her traditional African hairstyling does not involve chemicals or cutting. Then, last year, she discovered her business was illegal unless she obtained a cosmetology license. But getting a license requires taking about 2,000 hours of coursework, at a cost ranging from $9,000 to $18,000 in tuition. Clayton makes less than $5,000 a year braiding hair.
 
With the help of the libertarian Institute for Justice, Clayton has filed a lawsuit to force the state to change its cosmetology law. Mississippi did just that in 2005, by amending its statute as it pertains to hair-braiders.
 
Another 10 states, including California and Arizona, already exempt braiders from such laws.
-Noel Brinkerhoff
 
Hair Braider Says Utah Cosmetology Law Is Unfair (by Chi-Chi Zhang, Associated Press)
Woman Sues Over Need for License to Braid Hair (by Tom Harvey, Salt Lake Tribune)

Comments

ralph 13 years ago
thanks for the article. for info on people using voluntary libertarian tools on similar and other issues, please see http://www.libertarian-international.org , the non-partisan libertarian international organization
D. Carter 13 years ago
i agree with brenda scharman that braiding is a form of "hairdressing" and hairdressing is protected under the licensure of a cosmetologist. i also agree that there are great health risks involved with braiding. these reasons are because most persons providing braiding services are doing so from "businesses" which most of the time are in their homes. these homes have not been approved by the state or local governments to operate a business and are not licensed to do so. that is a legal issue right there. this also means that most braiding services are done under the table for pay which is not being taxed and no health inspections are being done. if ms. clayton has a proper business license and has been approved by the state and local government and health department i applaud her, but that is rarely the case with most who provide braiding services. applauding her does not mean i approve of her actions. she should be doing what every other law abiding citizen does and that means get a license. maybe with a license she would obtain more respect from the community and be able to make more that $5000 a year. it's not productive nor cost effective to continue to try and deregulate our industry. it only creates more money that will be needed from our tax payers to protect our rights....the rights of the licensed cosmetologist. continual deregulating will leave nothing left for those who have paid for their right to do hair. frankly, i am saddened that a refugee is suing our government after it has protected her and given her a great way of life and many more rights than she would ever have had outside the us. say thank you and get a license like the rest of us!
Brenda Scharman 13 years ago
braiding is considered a form of hairdressing which entails human contact. hair braiders have been known to spread diseases, the two most common head lice and staph bacteria. without proper training of hair care and the transmission of pathogenic bacteria, this leaves the public at great risk. i am sure you have known somebody that has traveled to mexico, received the "cornrows on the beach" and received much more than that - a full family receiving headlice, moving to classrooms, friends, families, etc. this was the primary contributor to the huge outbreak in utah a few years ago. people that do not wish hair braiders to be licensed, don't really understand what is behind hairdressing and all that it entails (chemicals or no chemicals). brenda scharman

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