Missouri Hair Braiders

Pertinacious Tom

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Florida Legislators Propose Becoming Somalia
 

The hours of training necessary to earn a living as a barber would be decreased under a proposed regulation issued today by the Florida Department of Business and Professional Regulation. The proposal eliminates 700 hours of unnecessary training to obtain a restricted barber license (the license used by many barbers) by reducing the pre-test requirement from 1,200 to 500 hours. It would also allow some applicants to ask the Florida Barbers’ Board for permission to take the test after 300 hours.

The Institute for Justice (IJ), which advocates for reduced barriers to low-income occupations, found that Florida had the 5th most burdensome licensing laws in the nation. According to IJ’s 2017 report License to Work, licenses in Florida require on average 693 days of education and experience.

...

In addition to reducing the barriers themselves, Florida is also in the process of making it easier for inmates to obtain occupational licenses (including barber licenses) while incarcerated, thereby allowing them to be gainfully employed upon release. This reform was included in Florida House Bill 7125, which passed the Florida Legislature this past session and is expected to be signed by Governor DeSantis this summer. Pearson also testified in support of this reform last session, explaining that “when you take away someone’s ability to earn a lawful living, the chance that they will be forced to turn to other ways to support themselves increases.”
We may be faced with the horror of unregulated dreadlocks and former prisoners getting jobs outside the stupid black market for drugs.

 

Pertinacious Tom

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Rhode Island Becomes Somalia
 

Rhode Island became the latest state to deregulate hair braiding thanks to a bill signed Monday by Gov. Gina Raimondo. Previously, braiders could only work if they first obtained a hairdresser license, which takes at least 1,200 hours, far more than what’s required to become a licensed emergency medical technician. Tuition to attend a cosmetology school in Rhode Island can cost over $17,000.

But under HB 5677, braiders are now completely exempt from licensing and can work without a government permission slip. Rhode Island is now the 28th state to end licensing for hair braiders, with 17 states enacting their reforms in just the past five years. Earlier this year, Minnesota and North Dakota also deregulated the practice.
Wow, I didn't know we were up to 28 states that are Somalia. The horror of unregulated dreadlocks now afflicts a majority of US states!

 

Pertinacious Tom

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Florida Is Not Quite Somalia Yet
 

Want to make money giving out diet tips? In Florida, you'll have to get a bachelor's degree and a state license to tell people how to eat better. A federal judge has upheld the Sunshine State's occupational licensing program that censors diet coaching by those who are not officially deemed dieticians.

...

Judge M. Casey Rogers of the U.S. District Court for the Northern District of Florida disagreed and tossed her case. Rogers concluded that current court precedents have determined that it's not an unconstitutional abridgment of free speech rights to require an occupational license to earn a living talking about certain issues, "so long as any inhibition of that right is merely the incidental effect of observing an otherwise legitimate regulation."

Rogers turned to a court ruling from Locke v. Shore, another case from Florida from 2011 in which a federal court ruled that it's legal for the state to require that interior designers get licensed to legally practice their craft.

...

Lawyers from the Institute for Justice expressed dismay at yesterday's ruling and promised to appeal.

"The court held that talking with a person about their diet isn't speech, it's the 'conduct' of practicing dietetics," said I.J. Attorney Ari Bargil. "The Supreme Court has squarely rejected that sort of labeling game. Giving advice on what an adult should buy at the grocery store is speech, and the First Amendment protects it."
So while we might face the trauma of unregulated dreadlocks, we won't have to worry about unregulated interior decorators or unregulated advice on what to eat.

 

Pertinacious Tom

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More on Heather Del Castillo's Case
 

Like a growing number of Americans, Heather Del Castillo speaks for a living. As a privately certified health coach, she is passionate about diet and nutrition, and loves sharing her knowledge with customers from across the country. But when Heather’s airman husband was transferred from California to Florida in 2015, she learned that her business was illegal. That’s because Florida, unlike California, had granted a monopoly on individualized dietary advice to state-licensed dietitians and nutritionists. To offer her services in Florida, Heather would have to obtain a bachelor’s degree or graduate degree in a relevant field of study, complete 900 hours of supervised practice, pass a licensure exam, and pay a fee of $165.

“What I do is no different from what an author or an advice columnist does,” said Heather. “The government couldn’t require me to get a license to write a book about nutrition, so I don’t see why they should require me to get a license to give people that same advice in person or over the Internet.”
Wow, I didn't know that California already is Somalia on that issue.

As for Heather,




 

frenchie

Super Anarchist
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I'm obviously late to this party, and I agree with you 100% about hair braiding licensing being extremely ridiculous. 

But I can see a rationale for regulating, to some extent, nail salons: if you're trimming nails and cuticles, some basic knowledge about disinfecting your tools, why it's important, and how to do it, seems in order.  Nothing too onerous, but a few hours class, cost 20 or 30 bucks?  Like how restaurant kitchen workers are regulated, here: you have to get a food handling certificate, lasts a day, costs 27 bucks. 

Actually cutting hair, isn't really as safe as someone just braiding it.  If you're handling scissors near my ears, or a straight razor over my throat, I'd like to know you have some training (not 1200 hours, but can we say 20 or so?  Or maybe just a test, at least?)  Cosmetologist class is 1000 hours, here, barbers is a 2-year apprenticeship, hair braiders 300 hours.  I agree those seem like overkill.

Someone giving out dietary advice for a living?  I can see requiring a test to show they know the basics  -  enough to not encourage unhealthy quakery and/or exacerbate eating disorders, etc.  Requiring a full-on dietician's degree is completely nuts, though. 

Contractors are under-regulated, here, IMO.  You have to pass a test about contracts, and show proof of insurance; but there's no test about Code, or even basic construction skills, or site safety, or... anything.  And some of the shit I see, sometimes, really makes me wish there was some of that.  It'd be harder for me to stand out in the market, but sometimes it's depressing having to fix shit that was done wrong, so much of the time, and feel bad about having to charge them when I know they just got robbed...  I'd give up some status points for the greater good.

 

Pertinacious Tom

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I'm obviously late to this party, and I agree with you 100% about hair braiding licensing being extremely ridiculous. 
Not completely, as noted at the end of post 7. But maybe not worth 1,000+ hours of training.

But I can see a rationale for regulating, to some extent, nail salons: if you're trimming nails and cuticles, some basic knowledge about disinfecting your tools, why it's important, and how to do it, seems in order.  Nothing too onerous, but a few hours class, cost 20 or 30 bucks?
What's "onerous" seems to me to depend on who wants to discourage the behavior in question and how badly they want it. Is a few hundred bucks an onerous fee to attach to the exercise of rights? Doesn't seem to provoke much comment around here. So if a few hundred bucks isn't a big deal for a protected right, a thousand or two to engage in a trade isn't so bad. Is it? We don't have any right to braid hair or cut nails.

 

Pertinacious Tom

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Think Progress Panics Over Unregulated Dreadlocks
 

...Over the weekend, ThinkProgress sent out multiple pearl-clutching tweets about "unlicensed, untrained cosmetologists" running amok:

The tweets—and the article they promoted—were roundly and swiftly mocked on social media. Thank goodness.

As some pointed out, "unlicensed" is far from synonymous with "untrained." Most states do not have reciprocal licensing recognition, which means many trained workers are out of a license if they move states. Immigrants to the U.S. may be trained and certified in their home countries but unable to do the same here thanks to language barriers, undocumented status, or other factors unrelated to skill. And in some professions, people will often train informally under family or community members instead of in state-certified programs.
Really? What's the worst that could happen?

tammy-faye-bakker-is-on-hand-for-a-screening-of-her-new-movie-the-of-picture-id97329907


 

jocal505

moderate, informed, ex-gunowner
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Do the 'carpet removes' have to do training as well?
Thanks for asking. These untrained elk leave the tack strips down.  Which hook flesh, pierce electrical cords, and trap liquid and solid drywall debris on every job.  The alternative is a cost no one wants to pay. Now you're sorry you asked.

 

Pertinacious Tom

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Mississippi Becomes Somalia

Under a new regulation proposed late yesterday by the Mississippi Department of Agriculture in response to a First Amendment lawsuit, vegan and vegetarian food companies would be allowed to continue using meat and meat product terms on their food labels. The new proposed regulation reverses course from the law banning plant-based foods from using meat product terms like “burger,” “bacon” and “hot dog” on their labels, as well as the Department’s July 1 proposed regulation giving force to the ban.
So tragic to see consumers unprotected this way.

 

Pertinacious Tom

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Ontario: Definitely Not Somalia

A dental hygienist in Canada has been stripped of his license and labeled a "sexual abuser" by an Ontario regulatory body because he engaged in sexual relations with a patient.

...

According to Ondina Love, CEO of the Canadian Dental Hygienists Association, the spousal rules exist only in Ontario and New Brunswick, which were enacted as part of a zero-tolerance policy to protect patients from exploitation.
The patient is his wife.

Another on the list of reasons why I see "zero tolerance" and immediately translate it as "zero sense."

 

Pertinacious Tom

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The 9th Circuit is taking a look at whether California should become Somalia
 

...

Bob Smith runs Pacific Coast Horseshoeing School (PCHS) just outside of Sacramento, Ca. He teaches aspiring farriers how to shoe horses. For students with limited formal education, trade schools like PCHS are traditionally the most accessible path to the middle class. But because of a California law requiring vocational schools like Bob’s to require students have a high school diploma, or pass an equivalency test, he has to turn away many prospective students, including Esteban Narez.

In April 2017, Esteban applied to PCHS after learning about it through a farrier. But California law required Bob to deny Esteban’s application because he never finished high school. Years earlier, Esteban had been forced to leave high school early in his senior year to recover from a tear in the medial collateral ligament (MCL) of his knee. That makes Esteban an “ability-to-benefit” student under state law, meaning he would have to pass a government-approved test that has nothing to do with horseshoeing before PCHS could teach him to shoe horses. Like many working-class Californians who fell on hard times, Esteban has neither the time nor resources to waste on a useless test.

Bob and Esteban partnered with the Institute for Justice to file a lawsuit challenging the California law as a violation of their First Amendment rights to teach and to learn.

...
That doesn't seem to me like one they can win. A better outcome would be for California to become Somalia, meaning repeal their counterproductive regulation.

 

Pertinacious Tom

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Beauticians Sue To Make Minnesota Become Somalia
 

Last December, the Minnesota Board of Cosmetologist Examiners declared that applying makeup at special events could only be done by licensed salon managers, a credential that can take over 4,000 hours of training. To enforce its rules, the Board has ordered makeup artists to cease and desist and slapped them with thousands of dollars in fines. Violating the law can even risk criminal penalties

Yet the law is filled with loopholes. The Board doesn’t require a license to offer hair or makeup services for fashion, film, media productions, photoshoots, TV, or the theater. (Selling makeup at retail counters is also exempt.)

In other words, a makeup artist doesn’t need a license to work on bridal photoshoots, a reality TV show about bridesmaids, a new staging of The Marriage of Figaro, or a romantic comedy that ends with a climactic wedding scene. But without a license, it’s illegal to do a bride’s hair and makeup before her real-life wedding.

...

Doing hair and makeup for photoshoots and media appearances is unregulated, while offering the exact same services at a wedding or other special event is illegal unless the artist has completed thousands of hours of useless training, a distinction that is “manifestly arbitrary and fanciful.” 

Since “there is no natural and reasonable basis” to license makeup and hair services for brides, but not bridal photoshoots, Minnesota’s wildly unequal treatment infringes on the Equal Protection Clauses of both the U.S. and Minnesota Constitutions.

...

Requiring little capital, running a hair and makeup business has been especially popular for aspiring female entrepreneurs (in jurisdictions where it’s not illegal).
If you put the whole process on Periscope, maybe doing a bridal hairdo would be a media appearance and not part of the special event that follows?

 

Pertinacious Tom

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In protection racket news: North Carolina CON Job

...In July 2018, IJ and Dr. Singh, a Winston-Salem surgeon, and his business, Forsyth Imaging Center, sued the Department of Health and Human Services, alleging that North Carolina’s CON law is unconstitutional because it bans medical providers from offering services patients need solely to protect existing providers from competition. In order to receive a CON, providers must persuade state officials that new services are “needed” through a cumbersome process that resembles full-blown litigation and allows existing businesses, like established hospitals, to oppose their applications. Even after a CON is granted, existing providers can appeal the decision. Dr. Singh should not have to go through such a burdensome process just to provide affordable services that patients need.
The guy wants to invest in an MRI scanner but can't if his competitors think that would be a bad idea. Huh?

If it's a bad idea, the market has a way of letting you know: you lose your ass!

 

Pertinacious Tom

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Pennsylvania Women Prevented From Applying Makeup

[SIZE=11pt]Today, a three-judge panel of the Commonwealth Court of Pennsylvania denied the Cosmetology Board’s motion to dismiss a lawsuit filed by two Philadelphia-area women who want to end an unconstitutional requirement that stands in the way of their careers. The Board used Courtney Haveman’s and Amanda Spillane’s past legal problems to deny them the right to work even after each spent hundreds of hours in cosmetology school. Courtney and Amanda, represented by the Institute for Justice (IJ), will now be able to continue the legal challenge to the requirement that applicants prove their “good moral character” before receiving a license.[/SIZE]

[SIZE=11pt]“Courtney and Amanda deserve a fresh start,” said IJ Attorney Andrew Ward. “The Cosmetology Board argued that instead of going to court, they should have re-applied into the same system that treated them so badly the first time. We are grateful that the court rejected that argument. And we’re looking forward to proving that this arbitrary requirement stands in the way of good careers for Courtney, Amanda and many other women in Pennsylvania.”[/SIZE]

[SIZE=11pt]After spending thousands of dollars on cosmetology school, the Board, citing a “good moral character” requirement, used Courtney’s and Amanda’s past legal problems to deny them the right to work.[/SIZE][SIZE=11pt] But their past offenses have nothing to do with their ability to work as estheticians—cosmetologists who focus on the beauty and care of the face. [/SIZE][SIZE=11pt]...[/SIZE]
Just how good does a person's moral character have to be to apply makeup anyway?

I hope the nutjobs at IJ force Pennsylvania to become Somalia on this issue.

 

Pertinacious Tom

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Texas Considers Becoming Somalia

And of course nutjob libertarians like the idea!
 

On Friday, the Institute for Justice (IJ) submitted comments to the Texas Department of Public Safety supporting rules proposed on October 25, 2019. The rules ease licensing burdens on people with unrelated criminal records who now want to work in the private security industry. Enforcing a new Texas law and directive by Governor Greg Abbott, the rules harmonize the Department’s standards with those in 20 other states and the District of Columbia—none of which will deny an occupational license for an unrelated criminal conviction. A public-records request by IJ had shown that, under its prior rules, the Department was routinely denying licenses for irrelevant, decades-old convictions, including single convictions for marijuana possession or driving while intoxicated.

...

People reentering society after prison need jobs just as much as anyone else, and allowing formerly incarcerated people to secure productive roles in society sooner rather than later will reduce the risk of crime. A 2016 study shows that, between 1997 and 2007, recidivism rates grew by at least 9% in states with the heaviest licensing burdens and shrank by 2.5% in states with the lightest licensing burdens.

Given the different types of private security jobs—ranging from traditional security officer to alarm installer—IJ recommends that the Department consider more narrowly tailoring which specific offenses are disqualifying for which specific private security licenses. Overall, however, IJ lauded the Department’s proposal, which heads in that direction.
Alarm installers with a history of smoking weed? The horror!

 




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