Tuesday, June 19, 2012

Cartel-Buster "Institute for Justice" Goes Up Against Nevada Board of Cosmetology with Legal Challenge

Institute for Justice -- "In Nevada, teaching others how to apply makeup without a government-issued license can subject you to up to $2,000 in fines. Lissette Waugh and Wendy Robin are makeup artists with over 40 years of combined experience. 

Lissette opened L Makeup Institute and Wendy opened Studio W in order to train the next generation of makeup artists in the art and artistry of applying makeup for the entertainment and retail industries. But the Nevada State Board of Cosmetology has threatened to silence the two entrepreneurs by shutting down their businesses. 

Nevada law recognizes that makeup artists are different from cosmetologists—who focus on cutting and styling hair, cleansing and caring for the skin, and manicures—by exempting them from the state’s cosmetology licensing scheme. Yet both women could face fines of up to $2,000 for doing nothing more than teaching makeup artistry without a cosmetology instructor’s license and not operating their makeup artistry schools as state-licensed schools of cosmetology. 

The government cannot require teachers to spend hundreds of hours in a classroom learning skills that have nothing to do with what they teach. Nor can it impose its mandatory curriculum and equipment requirements on schools that do not teach cosmetology. 

That is why on June 19, 2012, Lissette and Wendy teamed up with the Institute for Justice, a national public interest law firm that protects the rights of entrepreneurs, to file a federal constitutional lawsuit against the Nevada State Board of Cosmetology. They seek to vindicate their constitutional rights to teach and to earn an honest living by operating their businesses as they see fit without having to comply with an arbitrarily applied government licensing scheme."

Watch the video above for an overview of the new IJ case.

MP: Kudos to the Institute for Justice for its ongoing "cartel busting" efforts on behalf of small business owners in America. There is probably no other organization anywhere on the planet that is doing greater work defending small businesses and entrepreneurs against economic protectionism, empowering individuals to earn an honest living, and promoting economic and social justice.   


At 6/19/2012 9:04 AM, Blogger Methinks said...

What makes me sad is that government can so easily impose this idiocy and entrepreneurs have to fight so hard to free themselves of (only a portion!) of the state's shackles.

At 6/19/2012 9:15 AM, Blogger Scott Drum said...

Government imposes this idiocy because it is in its best interest to do so. There is a symbiotic relationship among incumbents in industry and government. I used to work in the retail optical industry. Many states prohibited us from employing optometrists. In those states eye exams were about 25% more expensive than in states where we were allowed to employ. Why do you think that was?

At 6/19/2012 11:25 AM, Anonymous Anonymous said...

Relatedly, NPR just did a story on manicurists in California. The manicure industry is one where Vietnamese women can begin working immediately even if they speak no English. This helps put the women to work, and it helps women customers get affordable manicures.

Why impose unnecessary governmental licensing burdens & fees on small businesses? Of course employees need training, but if the business does a bad job doing make-up or arranging flowers or polishing nails, then customers will walk away & the business won't survive.

Consumers, not government, are the best way to produce the best results.

At 6/19/2012 9:49 PM, Blogger Greg said...

Perhaps Sethstorm should get a license to teach Marxism.

At 6/19/2012 11:43 PM, Blogger sethstorm said...

This comment has been removed by the author.

At 6/19/2012 11:46 PM, Blogger sethstorm said...

(Looks like I hit a nerve with that last one. Hopefully this one doesn't as well.)

My point is that IJ has good intentions, but thinks that it is OK to act like a trial lawyer at achieving them.

That, and the general theme to the IJ here seems to be focused towards people being business owners - without any regard to the person's innate ability or competence.

Perhaps Sethstorm should get a license to teach Marxism.

Unfortunately I'd fail in that given that I believe in a profitable, prosperous private sector. My only issues are with those who attract the attention of bureaucrats.

At 6/21/2012 10:09 PM, Blogger Hydra said...

Even NPR Picked up on this story.


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