Friday, August 10, 2012

IJ Wins Major Victory for Economic Liberty in Utah

In April 2011, I featured the Institute for Justice's lawsuit challenging Utah's cosmetology cartel on behalf of African hairbraider Jestina Clayton. Prior to the Utah case, the Institute for Justice had successfully challenged state cosmetology regulations in seven states on behalf of hairbraiders, and had never lost a case.  IJ's record against state cosmetology cartels is now 8-0 with a favorable ruling this week in Utah, here are the details:

1. Salt Lake Tribune -- A federal judge said Wednesday the state’s demand that an African hair braider get a cosmetology license was unconstitutional since most of the training required is "irrelevant" to her home-based service.

In ruling in favor of Jestina Clayton, U.S. District Court Judge David Sam cited a 1915 U.S. Supreme Court ruling that held the right to work for a living in common, community-based occupations is the "very essence of the personal freedom and opportunity" protected by the U.S. Constitution.

2.  Institute for Justice --  In a major victory for economic liberty, a federal court ruled late Wednesday that Utah’s requirement that hairbraiders have a government-issued cosmetology license is unconstitutional.  

The Honorable David Sam of U.S District Court for the District of Utah held, consistent with decades of U.S. Supreme Court precedent, that “The right to work for a living in the common occupations of the community is of the very essence of the personal freedom and opportunity that the Constitution was designed to protect.”

IJ President and General Counsel Chip Mellor added, “This is just the most recent decision in a string of decisions by federal courts across the country to protect the constitutional right to earn an honest living.  If the State of Utah decides to appeal, we will vindicate economic liberty again, and we will keep going all the way to the U.S. Supreme Court.  The Constitution does not allow the government to make entrepreneurs jump through pointless hoops.  This is an opinion that will not only help Jestina, but will also help other entrepreneurs nationwide who find their right to economic liberty violated by state and local regulators for no legitimate reason.”

HT: Jake Williams

9 Comments:

At 8/10/2012 2:13 PM, Blogger Methinks said...

Woot Woot!!! Go IJ!!!

 
At 8/10/2012 2:34 PM, Blogger bradentalbot said...

This is so silly. I wouldn't really care or think of it if it wasn't in my home state.

Utah on a semi-roll? We did pass a hard currency act recently, though I'm not sure of the implications or whether anyone will really start trading in gold or silver here, yet.

 
At 8/10/2012 3:39 PM, Blogger Methinks said...

What are you talking about? Are you sure your comment landed in the right thread, Bradentalbot?

 
At 8/10/2012 4:30 PM, Blogger Scott Drum said...

It's depressing how long it takes to strike down these anti-competitive state regulations. I was at Osco Drug in the early 70s when we had to go to court in order to strike down state laws against posting the price of prescription drugs in our stores. We thought that would be a breakthrough at the time. Forty years later the war is still being waged. The alliance between business and political incumbents is hard to break.

 
At 8/10/2012 9:59 PM, Blogger Ron H. said...

Methinks:

"Woot Woot!!! Go IJ!!!"

Woot Woot is right! It must be time I went over there and gave them another contribution.

 
At 8/11/2012 11:27 AM, Blogger Methinks said...

Yep. I peddle them to all my friends too.

Why is it when I write a fat check to IJ I feel so happy and when I write a check for so much as $10 to the Federal government I am deeply resentful. hmmm....

BTW, if you haven't already checked it out, the GMU econ department is privately funded (the great Walter Williams made that change) and Mercatus center at GMU is another worthwhile investment. They do great work.

 
At 8/11/2012 2:09 PM, Blogger Ron H. said...

"Why is it when I write a fat check to IJ I feel so happy and when I write a check for so much as $10 to the Federal government I am deeply resentful. hmmm...."

I can only imagine it has something to do with your perception of value received in either case.

"BTW, if you haven't already checked it out, the GMU econ department is privately funded (the great Walter Williams made that change) and Mercatus center at GMU is another worthwhile investment. They do great work."

Thanks for the tip. I will check it out more thoroughly. Walter Williams is one of my heroes. We sorely need more of him and fewer Krugmans.

 
At 8/11/2012 2:26 PM, Blogger Ron H. said...

Methinks

By the way I've quit writing checks to the federal government and instead send them cash.

 
At 8/11/2012 3:43 PM, Blogger Methinks said...

That's awesome, Ron H.

T

 

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