As enforced, the cosmetology regulations threaten to drive a thriving African hair styling salon out of business, and to destroy employment and training opportunities for low-income individuals along with it. The ramifications of this lawsuit extend far beyond the individuals involved. Occupational licensing laws in all fifty states and the District of Columbia restrict entry into hundreds of professions. These laws often far exceed legitimate public health and safety objectives, and instead operate to exclude competition from newcomers. As a result, these laws have the effect of cutting off the bottom rungs of the economic ladder, thereby preventing aspiring entrepreneurs from earning their share of the American Dream.
Economic liberty is an essential part of our nation's promise of opportunity.
History and Scope of Occupational Licensing Nearly 1,000 occupations are regulated by the states. In this country it has a particularly sordid pedigree. Licensing of cosmetologists commenced in 1920, and spread rapidly during the New Deal. Like many occupational licensing laws, cosmetology licensing was sought for protectionist purposes by practitioners within the affected industry. Many of the laws go far beyond health and safety objectives, and instead impose rigid and unreasonable requirements that are unnecessary to skillfully provide services to the public.