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> Utah's cosmetology/barbering licensing scheme is so disconnected from the practice of African hairbraiding, much less from whatever minimal threats to public
by jdmichal 10y ago
> Utah's cosmetology/barbering licensing scheme is so disconnected from the practice of African hairbraiding, much less from whatever minimal threats to public health and safety are connected to braiding, that to premise Jestina's right to earn a living by braiding hair on that scheme is wholly irrational and a violation of her constitutionally protected rights.
So part of the ruling negating the requirement took into consideration that braiding had none of the associated threats to public health and safety. This sounds like things working as they should with regards to overreaching. It's a shame she had to shut down and sue, but the right call was made by the judge.
- dexterdog 10y agoBut it is absolute insanity that it had to get to that point. How many other people don't even bother to open shop because of this? How many shut down because it's not worth the fight?
- jdmichal 10y agoThe law was written too broadly. It happens, and it's certainly not insanity. One of the problems with enshrining things into law is that it locks it into its current state. I'm sure when the law was written, African hair braiding was the last thing on anyone's minds. But society changes, and unfortunately case precedent like the one demonstrated is typically how law evolves with it. (A more proactive approach by legislators would be the preferred method.)
- danielweber 10y ago> This sounds like things working as they should This person happened to be able to get the Institute for Justice behind her. Most lower class people do not. They simply get squeezed out, and a la Bastiat we never see them.