Court ruling: Centerville woman has a right to braid hair without a cosmetology license

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  • Laura Jane Hilton Head, SC
    Aug. 10, 2012 1:43 p.m.

    I am so happy for this mother of four Children trying to help out financially for her Family. Way to go to the Judge who had some common sense. She was making less than 5,000 a month...geeeez, I'm proud of her for not standing in line for go girl.

  • reenie72 Sierra Vista, AZ
    Aug. 10, 2012 1:15 p.m.

    GOOD GRIEF! That's the dumbest thing I have ever heard of. How many children in American get their hair braided before they leave the house?

  • Shimlau SAINT GEORGE, UT
    Aug. 10, 2012 12:49 p.m.

    DN Subscriber: A very interesting post, but I must take issue with your statement about firefighters and emergency medical technicians. I have 2 of my sons, and one son-in-law who are either certified, or working on certifications, and it does take more than the amount of money and time that you mentioned in your post. Other than that, very good.

  • lqqk pocatello, ID
    Aug. 10, 2012 12:01 p.m.

    Wonderful outcome for her and her clients, too.
    Prodicus: Too often, people who claim to be conservative and "pro-business" ignore this, act as though monopolies, cartels, and Big Business are always maximizers of public utility rather than of their own special interests.
    Being in business we have seen the other side of not licensing. When we have to be licensed by the state to do business and then we bid on a job that requires that same licensing, only to find out the one that won the bid was not licensed but is using someone else's license. It makes it unfair to those that have gone to the expense of licensing. We cannot fairly compete against those that cheat the system we have to follow. Your claim does not take into account other businesses. We are very much consevative and pro-business.

  • beetdiggingcougar Vancouver, WA
    Aug. 10, 2012 11:57 a.m.

    Soon we'll need a license to take a meal over to a sick member of the Ward because we are acting like a restaurant.

  • Jeromeo Salt Lake City, UT
    Aug. 10, 2012 9:59 a.m.

    Prodicus. I agree. And while we're at it, how about banning latin from our legal and medical systems? Even God knows it's a dead language! The last time a Doctor warned me of Renal failure I offered to donate him one of my kidneys!

  • Mark from Montana Aurora, CO
    Aug. 10, 2012 9:24 a.m.

    I have personally worked with the state licensing board (DOPL) on several issues. I have found them to be difficult and no different than similar boards and agencies in other states. They protect their turf like angry linebackers and seldom listen to reason.

    Utah prides itself on being pro-business and having fewer regulations. I have found that is not the case. Utah has many, many silly regulations and rules that are applied with great enthusiasm by DOPL. Hair braiding is just one example of what I have seen.

  • Utah Native Farmington, UT
    Aug. 10, 2012 8:58 a.m.

    Do I want someone who is applying color to my hair to know what he/she is doing and to be licensed? Yes. Chemicals are involved. Same for cutting; scissors are involved (and the outcome affects my vanity). But BRAIDING? Please. And it's laughable to think that a bunch of Caucasian instructors at a Utah school of cosmetology are going to be able to teach a native of Africa anything she doesn't already know about braiding. Good luck on your business, Jestina!

  • Danny Chipman Lehi, UT
    Aug. 10, 2012 8:53 a.m.

    This reminds me of that farce of a suit a couple of years ago in which a (probably spiteful) neighbor threatened legal action against a woman who let her friend's kids come into her home for a few minutes on cold winter mornings to wait for the school bus. The accusation was that the woman was running an illegal daycare. Shameful how litigious we've become as a society.

  • DN Subscriber Cottonwood Heights, UT
    Aug. 9, 2012 11:55 p.m.

    A rare victory for common sense. Well done, Judge David Sam!

    Now, let's take a closer look at cosmetology licensing requirements.

    a. Do we actually NEED to to have licenses and permits for this kind of work? Seriously, this is not like brain surgery or anything. Yeah, someone might get some sort of nasty infection or minor illness, just like if they don't wash their own hands. But really, a full fledged nanny-state bureaucracy?

    b. Is this an error in the story? "A cosmetology license requires 2,000 hours of school and tuition that can reach $16,000."
    Let's compare this to professions where public safety is at risk! How long to train a cop, a firefighter or Emergency Medical Technician? (Hint- not 2,000 hours or $16,000!)

    c. The training and certification sure looks like it is run by incumbents aiming to keep their monopoly and prevent competition, like the ancient craft guilds. Let's abolish the whole silly board and get rid of the certification.

    d. At most, limit training to a 8 hour course on basic health and sanitation matters, or provide it on line.

    Legislators- who will run a bill?

  • Prodicus Provo, UT
    Aug. 9, 2012 9:45 p.m.

    This is another reminder that most of the absurd industry regulations exist not primarily because of power-hungry bureaucrats or unscrupulous politicians oppressing industry, but because people in particular industries form cartels and ask to be regulated so as to reduce competition, raise prices, and gain oligopolistic profits.

    Just like the cosmetologists, people from all kinds of professions exaggerate the danger of their profession, the ignorance of the public, and the incompetence of their competitors. They urge the government to restrict others' freedoms and prohibit customers and competitors from entering into voluntary transactions. Far too often, they succeed. "After all, who wouldn't want to protect the safety of the public?"

    As Adam Smith said, "People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices."

    Too often, people who claim to be conservative and "pro-business" ignore this, act as though monopolies, cartels, and Big Business are always maximizers of public utility rather than of their own special interests. Real champions of the free market, from Adam Smith to the present day, know better.

  • Shelama SALT LAKE CITY, UT
    Aug. 9, 2012 9:20 p.m.

    "Clayton pleaded her case with a PowerPoint presentation to the state Barber, Cosmetology/Barber, Esthetics, Electrology and Nail Technology Licensing Board. The board, made up largely of licensed barbers and cosmetologists, shot her down."

    There's a message in there about unholy alliance between power and control money. What a crock.

  • samhill Salt Lake City, UT
    Aug. 9, 2012 8:55 p.m.

    Hoooray for Jestina!!

    I've very pleased to see this instance of an individual and common sense win against the seemingly overwhelming forces of greed (the Cosmetology "schools" love the idea of forcing people to pay for the "privilege" of gaining certification for an almost pointless license), power (the governmental bureaucracy who regulate pointless activities like this) and pointless prestige (Look Ma! I've got my [largely pointless] degree!).

    I hope this encourages many more people to resist governmental over-regulation.

    Congrats to the Judge too!

  • MealyMouth Alpine, UT
    Aug. 9, 2012 8:49 p.m.

    This makes me so happy. I love it when rationality wins over bureaucracy. We could all die from red tape! I'm so happy for her. Good for you for pursuing your rights.

  • trekker Salt Lake, UT
    Aug. 9, 2012 8:22 p.m.

    Moms and Daughters have been braiding hair since the beginning of time, why would you need a license?

  • Lyle Springville, UT
    Aug. 9, 2012 8:08 p.m.

    So, what could indeed go wrong? Braiders might need the sort of training you need for a food handler's permit: sit through a presentation and take a quiz at the end. They'd be reminded to wash their hands, sanitize combs (if they even use them), etc.

  • RG Buena Vista, VA
    Aug. 9, 2012 8:02 p.m.

    Yea!! Freedom won at least one case over big government, with its red tape, which in this case, was just ridiculous.