Missouri Hair Braiders

Pertinacious Tom

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Idaho Hair Braiders
 

Can the government force you to spend $20,000 on 1,600 hours of irrelevant training just so you can do your job? That is what Idaho requires African style hair braiders to do before they can work.

But a new lawsuit filed today in the U.S. District Court for the District of Idaho by the Institute for Justice (IJ), a nutjob law firm, on behalf of three female entrepreneurs who want to braid hair for a living, seeks to end the state’s licensing of hair braiders.

...

Idaho does not require cosmetology schools to teach students African style braiding techniques and only 2 out of 110 questions on the written exam test students on braiding. The practical exam does not cover braiding at all.

...

Since IJ filed its first lawsuit in 1991 challenging Washington D.C.’s cosmetology license requirement for braiders, 31 states have eliminated licensing requirements for African style braiders. Now, Idaho is one of only five states that still require braiders to obtain a cosmetology license.

...
I hope Idaho can become more like Somalia too, and we'll be down to four states with such a pointless, harmful rule.

 

Pertinacious Tom

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The fight to freely talk about breasts in Georgia will continue
 

Oh dear. Apparently Mary Jackson has been endangering the public for decades before wise regulators realized she should have a license!

And now she's compounding the danger by forming the ROSE corporation. You can tell it's evil because it's a corporation! The horror.
Georgia Becomes Somalia
 

A law requiring that Georgians who want to teach women how to breastfeed obtain the equivalent of an advanced degree was ruled unconstitutional today by the Fulton County Superior Court. Georgia’s licensing requirement, enacted in 2016, made it the only state in the nation that licensed lactation consultants in this way, and would have forced hundreds out of work. That led Mary Jackson and Reaching Our Sisters Everywhere (ROSE), the nonprofit she helped found to educate families of color about breastfeeding, to challenge the law with representation from the Institute for Justice (IJ). Now, Georgia lactation consultants are free to teach new moms about breastfeeding without fear that their work will become illegal. 

Lactation consultants provide hands-on practical breastfeeding advice and support to new mothers. They had been working safely in Georgia for decades, without any state license, although many lactation consultants have chosen to become privately certified in their field. There are two predominant certifications: a Certified Lactation Counselor (CLC) and an International Board Certified Lactation Consultant (IBCLC). The Lactation Consultant Protection Act would have prohibited lactation consultants from working for pay unless they were IBCLCs or fit into a handful of arbitrary exemptions. 

To obtain an IBCLC credential, an individual must take roughly two years of college courses and complete at least 300 hours of supervised clinical work. The time and expense involved in obtaining certification would make it impossible for many people to obtain state licensure, especially people of modest means. In fact, a state report showed that families seeking breastfeeding help in minority and rural communities—the very communities who already lack access to lactation support—would suffer most from this law because IBCLCs are expensive and concentrated in urban areas. CLCs and other kinds of lactation care providers are more spread out throughout the state and are more affordable. Now, lactation consultants throughout the state can without fear help new moms as they always have. 

“The Court recognized that keeping perfectly competent lactation consultants from doing their jobs doesn’t protect the public, but instead reduces access to breastfeeding care and violates constitutional rights,” said IJ Nutjob Renée Flaherty. “Now, IBCLCs will have to think twice before pushing for more laws like this in other states.” 

...
Black breasts matter!

 

Pertinacious Tom

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And then there were four. Idaho becomes Somalia, hooray!
 

Hair braiders in Idaho are now free to earn an honest living without unnecessary red tape and useless training. Under a new bill signed into law on Monday, March 28, by Gov. Brad Little, braiders are exempted from Idaho’s cosmetology licensing laws. In response, the Institute for Justice (IJ) and hair braiders Tedy Okech, Charlotte Amoussou and Sonia Ekemon will work with the state to file a stipulated dismissal of their lawsuit challenging Idaho’s law requiring that African-style hair braiders get a cosmetology license.

“I am so excited and grateful to hear about the change Idaho is making going forward,” said Tedy Okech. “It’s a huge weight off the shoulders of Idahoan braiders to know we can now freely expand our businesses and contribute to the economy.”

Earlier this month, IJ filed a federal lawsuit challenging state requirements that forced braiders to complete 1,600 hours of training at a cosmetology school—which can cost $20,000 or more—and complete both a written and a practical exam to obtain a cosmetology license. These burdensome requirements prevented braiders like Tedy, Charlotte and Sonia from legally practicing their occupation and earning an honest living in the state. Immediately following IJ’s lawsuit, Idaho’s legislature unanimously passed HB 762—which uses language from IJ’s model braiding bill—to exempt braiders from cosmetology licensing requirements. The new law went into effect immediately upon being signed.

“This is a major victory for hair braiders in Idaho,” said IJ Attorney Caroline Grace Brothers. “The government has no business licensing something as safe and common as hair braiding. With this reform, Idaho has stepped out of the way of entrepreneurs looking to start or grow braiding businesses across the state.”

This victory advances IJ’s national Braiding Freedom Initiative, which seeks to protect braiders’ right to pursue their calling free from unnecessary licensing laws. Since IJ launched this Initiative in 2014, at least 21 states have eliminated licensing requirements of any kind for African-style braiders. Now, only four states have not expressly exempted braiders from needing a cosmetology license: Hawaii, Montana, New Mexico and Wyoming.  

...
It really shouldn't have taken a lawsuit to get the law changed. Could have just happened because it made sense before nutjobs even filed a lawsuit. But kudos to Idaho for putting a stop to the whole thing in only a month. I hope the last four states are as cooperative...if they don't get a clue before they get sued.

 

Pertinacious Tom

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I thought the regulation of hair braiders or possibly florists might be the most absurd examples of occupational licensing run amok. I thought wrong. We have a new frontrunner.

Licensed Fortunetellers
 

...

In April, the City Council unanimously voted to repeal the ban on fortunetelling and implement a new regulatory framework for the occupation. A proposed ordinance would require anyone practicing fortunetelling (as described by the city) to hold a government-issued license. It would regulate dozens of practices related to fortunetelling and divination, including those involving tarot cards, coffee grounds, love powders or potions, necromancy, and telepathy. Using "spells, charms, or incantations" to "make one person marry or divorce another," "induce a person to make or alter a will," or "tell where money or other property is hidden," among other things, would also be regulated by the proposed ordinance.

"Fortunetelling shall also include pretending to perform these actions," reads the draft ordinance, raising questions about why the city plans to license "bona fide" fortunetellers while also licensing those "pretending" to perform fortunetelling practices.

Fortunetelling licensing requirements are by no means unique to Michigan. Annapolis, Maryland, issues fortunetelling licenses only to people the police department says are "of good moral character." In San Francisco, those applying for fortunetelling licenses must undergo a public hearing. In New York state, fortunetelling is a class B misdemeanor.

...
I guess comprehensive licensure of fortunetellers has to regulate the real ones and the fake ones. I guess they're all real in Annapolis. I think a video of one of those San Fran public hearings would be a great addition to this thread if anyone can find one.

 

Pertinacious Tom

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Oklahoma Eliminates Licensing Barriers for People with Criminal Records
 

Gov. Kevin Stitt on Monday signed a bill (SB 1691) that will make it much easier for people with criminal records to become licensed in their chosen field. Previously, Oklahoma had mediocre protections for ex-offenders seeking licenses to work, receiving a C in a recent report by the Institute for Justice, Barred from Working. But with the governor’s signature, that grade will soar to an A-, with Oklahoma’s laws now some of the best in the nation.

“An honest living is one of the best ways to prevent re-offending. But strict occupational licensing requirements make it harder for ex-offenders to find work,” said IJ Legislative Nutjob Meagan Forbes, who submitted testimony in favor of the bill. “This bill will eliminate many licensing barriers that have little basis in common sense and unfairly deny countless Oklahomans looking for a fresh start.”

...
The bill passed almost unanimously, as it should, considering that occupational licensing is an issue that should unite deregulatory TeamR types with social justice TeamD types.

 

Pertinacious Tom

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New Minnesota Law Helps People with Criminal Records Find Work
 

Gov. Tim Walz on Thursday signed a bill (HF 3255) that will make it much easier for people with criminal records to become licensed in their chosen field. HF 3255 creates a petition process so that ex-offenders can see if their criminal record would be disqualifying, before they invest in any potentially expensive or time-consuming training or coursework. The new predetermination process, however, doesn’t apply to health or education licensing boards.

By imposing significant costs in terms of time and money, licensing laws often create substantial hurdles to worker mobility and prisoner reentry. According to a report by the Institute for Justice, the average license for lower- and middle-income occupations in Minnesota requires paying $238 in fees, finishing 300 days of training and experience, and passing two exams.

“An honest living is one of the best ways to prevent re-offending. But strict occupational licensing requirements make it harder for ex-offenders to find work,” said IJ Legislative Nutjob Meagan Forbes...
Sounds like it will make it easier to find out that you can't be licensed in your chosen field, which I suppose beats spending a bunch of time and money and then finding it out.

Lots of these criminal records have to do with the stupid drug war so shouldn't exist in the first place.

 

BeSafe

Super Anarchist
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In truth, the law doesn't help people find work - it just tells them more clearly what they can't do because of their pot conviction.  I followed some of the links because I was curious what actually was required to get some of these jobs.

https://ij.org/report/license-to-work-2/ltw-state-profiles/ltw2-minnesota/















Burden Rank


Occupation


Fees


Estimated Calendar Days Lost


Education


Experience


Exams


Minimum Grade


Minimum Age




1


Preschool Teacher, Public School


$343


1460


4 years


-


3


0


0




2


Earth Driller, Water Well


$325


1460


-


4 years


2


0


0




3


Athletic Trainer


$465


1460


4 years


-


1


0


0




4


Midwife, Direct Entry


$1,200


1095


3 years


-


1


12


0




5


Fire Alarm Installer


$261


1095


-


3 years


1


0


0




5


Security Alarm Installer


$261


1095


-


3 years


1


0


0




7


Pest Control Applicator


$400


730


-


2 years


2


0


0




8


Barber


$182


613


1500 clock hours


1500 clock hours


4


10


0




9


Dental Assistant


$681


425


303.33 Days


-


3


0


0




10


Cosmetologist


$285


362


1550 clock hours


-


3


12


0




11


Makeup Artist


$285


140


600 clock hours


-


3


12


0




11


Skin Care Specialist


$285


140


600 clock hours


-


3


12


0




13


Manicurist


$285


82


350 clock hours


-


3


12


0




14


Emergency Medical Technician


$80


35


150 clock hours


-


2


12


18




15


Pharmacy Technician


$38


0


-


-


0


12


18




16


School Bus Driver


$39


0


-


-


6


0


18




17


Bus Driver, City/Transit


$33


0


-


-


5


0


18




18


Truck Driver, Tractor-Trailer


$24


0


-


-


5


0


18




19


Truck Driver, Other


$36


0


-


-


4


0


18




20


Crane Operator


$225


0


-


-


2


0


18




21


Bill Collection Agency


$1,050


0


-


-


0


0


0




22


Mobile Home Installer


$383


0


-


-


2


0


0




23


Child Care Home, Family


$65


1


-


4 clock hours


0


0


18




24


Auctioneer


$20


0


-


-


0


0


18




25


Electrical Helper


$14


0


-


-


0


0


17




26


Vegetation Pesticide Applicator


$75


0


-


-


2


0


0




27


Title Examiner


$90


0


-


-


1


0


0




28


Animal Breeder


$160


0


-


-


0


0


0




29


Coach, Head (High School Sports)


$0


14


60 clock hours


-


0


0


0




30


Landscape Contractor (Commercial)


$150


0


-


-


0


0


0




30


Landscape Contractor (Residential)


$150


0


-


-


0


0


0




32


Fisher, Commercial


$120


0


-


-


0


0


0




33


Taxidermist


$44


0


-


-


0


0


0




34


Packer


$40


0


-


-


0


0


0





 

Pertinacious Tom

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In Certificate of Need news, a U.S. Supreme Court Appeal: Immigrant Entrepreneurs Challenge Law that Let Hospital Conglomerates Stop Their Home Health Care Business

Americans are entrepreneurial, especially immigrants. One out of four start-ups are founded by people not born in the country. Yet many states have laws that effectively shut new entrants out of a sector thatcould stand to benefit from innovation: health care. These “certificate of need” or CON laws let large health care companies effectively monopolize certain health services and prevent people from exercising their right to earn an honest living.


Dipendra Tiwari saw an urgent need for Nepali speakers to receive home health care from providers who understood their language and culture. With thousands of Nepali immigrants living in the Louisville area, he hoped to open a modest business that would employ nurses and health aides qualified to offer services to both the Nepali community and anyone else needing quality care in their homes. But his dream was ended by Kentucky’s CON law, which says that there is no need for new home health agencies in most of the state.


Dipendra’s CON application was formally opposed by the $2 billion Baptist Health conglomerate, which operates its own home health agency. After Dipendra, his business partner Kishor Sapkota and the Institute for Justice (IJ) sued, the Kentucky Hospital Association intervened to defend the law and protect its members from new competition.


The 6th U.S. Circuit Court of Appeals upheld Kentucky’s protectionist law, but questioned whether the U.S. Supreme Court should rethink how federal courts consider cases where the right to earn a living is at stake. “Many thoughtful commentators, scholars, and judges,” the court wrote “have shown that the current deferential approach to economic regulations may amount to an overcorrection.”


Yesterday, IJ asked the U.S. Supreme Court to consider the case.


“Everyone has the right to earn an honest living, and your competitors should not get to stop you from opening a new business,” said IJ Nutjob Andrew Ward. “One appellate judge called the law outrageous at oral argument but ruled he couldn’t do anything under the current legal standard. The Supreme Court has the power to change that.”

...

Without the need that Dipendra identified, there would be no reason to defend the protection racket at all. His business would simply wither and die because he was foolish enough to invest in something the market didn't need.

For some reason, crony capitalists saw a need to fight this through the appeals court.
 

Pertinacious Tom

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Health Coach Threatened with Jail and Fines for Offering Dietary Advice Asks U.S. Supreme Court to Hear Her Case

...
In 2017, Heather and IJ sued the state for violating her First Amendment rights. A Florida district court sided with the state, and the 11th U.S. Circuit Court of Appeals upheld the decision earlier this year. Now, Heather is asking the U.S. Supreme Court to hear her case. People share diet advice all the time and Heather shouldn’t be censored just because she is being paid for that advice.


“This case illustrates that occupational-licensing boards are America’s newest censors,” said IJ Senior Attorney Paul Sherman. “In cases across the country, boards charged with regulating everything from engineers to psychologists to dieticians have decided that the power to license an occupation gives them the right to tell ordinary Americans to shut up. It is time for the Supreme Court to make clear that it gives them no such thing.”

“All I wanted to do was give people advice on how to eat healthier,” said Heather. “I served customers for years in California and Florida and the only person who had a problem was someone who saw me as their competition. It doesn’t make sense that I could write a book with the same advice, but not speak with people individually.”


The Supreme Court has never held that the First Amendment affords fewer protections to people who use their speech to earn an honest living. In the 2018 decision in NIFLA v. Becerra, Justice Clarence Thomas wrote that, “Speech is not unprotected merely because it is uttered by ‘professionals.’”


Despite this clear precedent, the 11th Circuit still relied on the so-called “professional speech doctrine” to uphold the state’s restrictions on Heather’s advice. Courts across the country, though, have gone the other way in deciding cases about the intersection between free speech and licensing. In 2020, the 5th U.S. Circuit Court of Appeals ruled in Vizaline v. Tracy—an IJ case challenging Mississippi’s surveying laws—that NIFLA “abrogated” earlier circuit precedent holding that occupational licensing laws were immune from First Amendment review.


The 9th U.S. Circuit Court of Appeals reached a similar conclusion in another IJ case, Pacific Coast Horseshoeing School, Inc. v. Kirchmeyer, affirming the right to teach job skills to students who had not passed a state-required exam. Other courts have followed suit: A trial court in D.C. recently upheld IJ client Elizabeth Brokamp’s First Amendment right to provide talk therapy across state lines, while a different judge held that New York’s rules against the unlicensed practice of law violated the First Amendment insofar as they outlawed basic, one-on-one advice about the law.


“The upshot of the Eleventh Circuit’s ruling is that it would violate the law to publish a book that offered customized diet advice to Floridians if you were not licensed by the state,” said IJ Nutjob Ari Bargil. “That’s wrong: The First Amendment gives Floridians—and all of us—the right to decide who we want to listen to. It doesn’t give the government the power to decide who’s going to be allowed to speak.”
...
If you eat a cookie every time I note that a state legalized them, you'll wind up obese and diabetic. Please don't pay me for that advice. It's only legal if you don't pay me.
 

Pertinacious Tom

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Court Dares Greg Mills To Try Doing Math In Arizona



It's unfortunate that he could not find credible legal representation but I hope the decision is reversed on appeal anyway.
The dismissal was reversed and now Mr. Mills can at least make his case that he should be able to continue to do math without a license.

Az. Supreme Court Rules Engineer is Due His Day in Court to Challenge Licensing Board

...Greg is an engineer and has worked as an engineer in Arizona for more than two decades. And, like 80% of all engineers, he is not a state-registered “professional engineer” because it is not relevant to his work.
...
To protect his rights to speak and work against the Board’s threats, Greg, with the help of the Kochy Institute for Justice, sued. The Maricopa County Superior Court, however, dismissed his lawsuit, concluding that Greg had to first wait for the Board to finish its administrative prosecution—which could take years—before he could assert his constitutional rights in a court. Greg appealed the decision, lost, and then appealed to the Arizona Supreme Court.


Today’s decision from the Arizona Supreme Court reverses those decisions and allows Greg to return to the trial court to assert his free speech and economic liberty claims. As the Court explained, forcing Greg to wait for the Board to finish prosecuting him “would be pointless because the Board is powerless” to determine Greg’s constitutional rights. Moreover, the Court ruled that most of Greg’s constitutional claims were “ripe” because the Board’s threats gave Greg a “real and present need to know whether” the laws he challenged were unconstitutional.


“The Arizona Constitution and statutes protect Greg’s right to go to court as soon as his rights are threatened,” said IJ-AZ Managing Nutjob Paul Avelar. “Arizona law makes clear people don’t have to live under a cloud of uncertainty when their rights are threatened. Today’s decision is yet another rebuke of government attempts to threaten people’s rights and then deny them a timely day in court.”
...
 

Pertinacious Tom

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I think the city understands Judge Nelson's order just fine, they just want to protect local restaurants against competition. Crony capitalism is kind of a running theme in this thread, as is attacking the kinds of businesses that people of limited means can open and run.

Rio Grande Valley Food Trucks Ask Texas Supreme Court to Hear Challenge Against South Padre Island’s Anticompetitive Restrictions

Can the government use public power to throttle competition in order to protect well-connected local business owners? That is the subject of a Texas Supreme Court petition filed late Wednesday by the Institute for Justice (IJ) on behalf of three Rio Grande Valley food truck vendors: Surfvive, Anubis Avalos and Adonai Avalos.


In June 2022, the 13th Court of Appeals reversed a Cameron County district court ruling in favor of the three food truck operators. The district court had struck down two South Padre Island vending restrictions as unconstitutional in 2020. The first restriction requires that food truck operators obtain the permission of a local restaurant owner on the island in order to become eligible for a food truck permit, and the second further restricts the availability of food truck permits by making only 18 permits available. Both restrictions were dreamed up by South Padre Island restaurant owners that objected to food-truck competition. Despite the district court declaring the anti-competitive restrictions unconstitutional, the appellate court reversed.


In reversing the district court’s ruling, the court of appeals held that the city of South Padre Island was immune from the constitutional challenge because using government power to protect local businesses by shutting out new competition is a legitimate government interest. No Texas appellate court before it has ever sanctioned the use of public power to protect private market participants from competition.


“The Texas Constitution protects everyone’s right to pursue a common occupation free from unreasonable interference by the government,” said IJ Managing Nutjob Arif Panju. “We are asking the Texas Supreme Court to grant review because using public power to protect favored groups from competition is both wrong and unconstitutional.”

Hee hee. I love it when they say nutty stuff like that.
 

Pertinacious Tom

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Licensed Eyelash Extension Specialist Prevented by Cosmetology Board from Doing Her Job Fights Back in State Court

Brandy Davis looks like she was kinda hot back when I might have cared and she has a stripper name, which is always amusing in a legal document, but I'm otherwise not that sympathetic to her case just from the article.

...
She assumed she could get a reciprocity license acknowledging her Texas license, but Oklahoma does not offer eyelash extension licenses. Instead, the Board is forcing Brandy to get a full esthetician or cosmetology license, even though she only wants to perform eyelash extensions, not other trades that are covered by the esthetician and cosmetology licenses. Brandy asked the Board repeatedly to consider her circumstances but has been denied the chance to make her case. Simply put, Brandy’s state license, private certificate and expertise mean nothing to the Board.
...
“Between her private certification and her Texas license, Brandy has studied the health and safety of eyelash extensions even more rigorously than the Oklahoma esthetician or cosmetology licenses require her to do,” said IJ Nutjob Marie Miller. “She may have more certifications in eyelash extensions than anyone else in Oklahoma. And yet she is not allowed to provide eyelash extension services while cosmetologists lacking any training in eyelash extensions are allowed to practice the craft.”


To obtain the esthetician or cosmetology license the Board requires, Brandy will have to complete 600 hours of esthetician coursework, 1,200 hours in an esthetician apprenticeship, 1,500 hours of cosmetology coursework, or 3,000 hours in a cosmetology apprenticeship. None of the programs are required to cover issues related to eyelash extensions. Afterward, Brandy would have to complete two exams, which also do not test eyelash extensions.


“People should not be required to learn skills they will never use to do jobs they’ve already been thoroughly trained to do,” said IJ Nutjob Renée Flaherty. “It makes no sense to require Brandy to spend hundreds of hours and thousands of dollars on cosmetology practices she does not want to provide.”
...

I agree with the quoted nutjobs and am sympathetic to her cause, just not her legal case. I haven't read it, but it appears to me that the complaint has to boil down to "Texas has different public health laws from Oklahoma." The proper response to that from a court, it seems to me, is to say, "Yes, they do."

The response Brandy is seeking appears to be to have the court force the legislature to make sense.
 

Pertinacious Tom

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The complaint is about what I thought it would be. But a LOT more detailed. It's in English but for some reason pastes on the forum slightly translated into Snaggyspeak. Or something.

These overly burdensome, senseless hcense requirements deprive Ms.
Davis of her constitutional right to earn an honest Hving free from unreasonable
and irrational government regulations. This right is protected by Article II,
Sections 2 and 7 of the Oklahoma Constitution.

...
Under Article II, Sections 2 and 7, a law that restricts a person's right
to earn an honest hving and conduct business must have a real and substantial
relationship to pubhc health, safety, or welfare.
195. Under Article II, Sections 2 and 7, a law that impairs an individual's
right to earn an honest living and conduct business must be rationally related to
a legitimate governmental interest.
196. Under Article II, Sections 2 and 7, a law that impairs an individual's
right to earn an honest hving and conduct business must not be arbitrary or
capricious.
197. Oklahoma's cosmetology laws and the Board's rules, as apphed to Ms.
Davis, have no real and substantial relationship to pubhc health, safety, or
welfare.
198. Oklahoma's cosmetology laws and the Board's rules, as apphed to Ms.
Davis, do not advance any legitimate governmental interest.
199. Oklahoma's cosmetology laws and the Board's rules, as apphed to Ms.
Davis, are arbitrary and capricious.
200. The state's pohce power does not permit the regulation of eyelash-
extension services in this manner.
201. Ms. Davis does not object to any legitimate regxdation of eyelash-
extension services that is rationaUy, reasonably, and substantiaUy related to
pubhc health and safety objectives. Ms. Davis strives to satisfy the highest
standards for health, safety, and professionalism. But the state's cosmetology laws
and the Board's rxiles do not serve legitimate public health and safety objectives;
in fact, they undermine them.
I remain more sympathetic to this argument than optimistic about it.
 

Pertinacious Tom

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Health Coach Threatened with Jail and Fines for Offering Dietary Advice Asks U.S. Supreme Court to Hear Her Case


If you eat a cookie every time I note that a state legalized them, you'll wind up obese and diabetic. Please don't pay me for that advice. It's only legal if you don't pay me.
The orchestrated chorus of amici has started to assemble for Heather Del Castillo, including some heavy hitters...

...
Three different sets of advocates filed amicus briefs at the Court urging the Justices to hear Heather’s case. The 11th U.S. Circuit Court of Appeals held that Heather could be fined because the sort of advice she offered was outside the First Amendment’s protection so long as the state had passed a licensing law restricting it. But other courts in other IJ cases—including in the 4th, 5th, and 9th U.S. Circuit Courts of Appeals—have held that the First Amendment cannot be canceled by the mere adoption of a licensing requirement. Each of this week’s briefs urges the court to resolve this split of authority.

  • Vermont Law School President Rodney Smolla, U.C. Berkeley School of Law Dean Erwin Chemerinsky and famed litigator Floyd Abrams are all prominent First Amendment scholars. Their brief surveys the Supreme Court’s cases and the scholarly literature to demonstrate that allowing the lower court’s ruling to stand would mean that fundamental free-speech protections would hinge entirely on whether a state chose to label speech as “occupational conduct” under a licensing law. That regime, the brief warns, would create a rule of law “under which the government virtually always wins” and individual speakers almost invariably lose.
...
 

Pertinacious Tom

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New Jersey Town Legalizes Cookies Following Letter from Institute for Justice

Last week, officials in Somerville, New Jersey, voted to change the borough’s regulations on home baking, making it easier for individuals to sell homemade baked goods. The changes come following a letter from the Institute for Justice (IJ), on behalf of a home baker, calling on the borough to change its regulations.


“I’m so happy that I can finally take my passion for baking homemade sweets and turn it into a livelihood,” said home baker Maria Winter. “I never wanted to build a massive commercial kitchen or anything like that. I simply wanted to share my homemade baked treats with interested customers, and now I can finally do that.”

...
Earlier this year, after hearing that New Jersey had changed its regulations to allow home baking, Maria reached out to Somerville officials for permission to open her business and paid the $25 required for a home business permit. Unfortunately, in May, Somerville officials denied her application.

In late 2021, New Jersey became the final state to allow individuals to sell homemade baked goods for a living. Those changes came after years of litigation by IJ challenging New Jersey’s ban.
...

Glad to see Somerville become Somalia, even if they had to be pushed a bit.
 

Pertinacious Tom

Importunate Member
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This tree blocked the driveway of our rental home, which is a parking problem. The power company wouldn't restore power until it went away, which is a yuge problem. That's a well head at left. The septic system has a sump pump. This house has no water or sewer without power.

WillowDrivewayTree.jpg


A Floridian with a Florida license removed it for me at a reasonable price. I may have said something else happened in the 2022 curricane thread but have been delusional from lack of sleep.

In other news, my county is going after a roofer for roofing. I'm trying to get my backup roofer to call me back. And I actually have "connections." Sorta.

I'd settle for a Texas roofer. Not that I'm advocating enabling felonies or anything. But I do need roof work on 14 different roofs.
 

Pertinacious Tom

Importunate Member
62,073
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Punta Gorda FL
Pennsylvania Becoming Somalia!

When we called IJ client Sally Ladd to tell her that she could reopen her business, her first response was tears. And who could blame her? Pennsylvania had forced her to shut down her small business helping others rent out their vacation homes—her main source of income—because she wasn’t a licensed real estate broker. After six years of litigation, a court had finally declared what she’d known all along: This never should have happened.

After losing her job to the Great Recession, Sally started a small business to support herself. Working online from her home in New Jersey, she helped people in the Poconos rent their homes on sites like Airbnb. Sally helped post the properties, book rentals, and coordinate cleanings. She wasn’t doing anything clients couldn’t have done themselves—she was just saving them a bit of time and hassle, and they paid her for it.

Until 2017. The Pennsylvania Bureau of Professional and Occupational Affairs called to inform Sally that she was under investigation for the unlicensed practice of real estate. She was shocked. She wasn’t doing home sales or complex leases, as most brokers do. But Pennsylvania didn’t care. Sally would have to get a real estate broker’s license or close her business.

...

She took option number three there, sue and win. As usual, I applaud the Kochy nutjobs who made this happen.
 

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