April 06, 2005

After the company built an excellent reputation and a clientele of more than 20,000, bureaucrats ordered him to cease and desist.
Local bureaucrats ordered Uqdah to cease and desist, or be "subject to criminal prosecution." Why? Because he didn't have a license. "It's a safety issue," said the regulators. Those who run a hair salon must have a cosmetology license. The chemicals they use dyeing or perming hair might hurt someone.Uqdah didn't close up shop. He hired the Institute for Justice, a legal firm, and sued in federal court. The District ultimately changed their law.Hair dye is hardly a serious safety threat, but even if it were, Cornrows & Co. didn't dye or perm hair. They only braided it. That didn't matter, said the Cosmetology Board -- they still had to get a license. In order to get one, Uqdah would have to pay about $5,000 to take more than 1,000 hours of courses at a beauty school.
Uqdah thought he understood why the cosmetology board wanted to shut down his salon: "Money -- other salons don't like the competition."
Even if licensing boards intend to protect the public, in time they are captured by the people who care most. Who cares most? Not consumers -- you don't get your hair done that often, and even if you did, you don't care enough about it to want to join a regulatory bureaucracy. Innovators don't join the boards; they're busy innovating. Scientists, economists, doctors, and others with genuine expertise in safety and commerce don't join the boards, either. They're busy doing more important things. So boards are usually captured by the licensees, the established businesses. William Jackson, a former member of the Washington, D.C., Cosmetology Board, admitted, "The board, 90 percent of the time, are salon owners."
Uqdah and Farrell went on to establish the American Hairbraiders & Natural Haircare Association to help others in their situation across the nation to stave off predatory cosmetology laws, and educate the public about their industry and art.
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