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free trade & free markets Tenth Amendment federalism too much government

Hairdressers Unbound?

Joe Biden, late of the U.S. Senate and Blair House, is not someone I typically rush to for policy advice. Were I looking for a weather vane to indicate whence bad ideas come a‑gusting, in full poisonous gasbaggery, Biden might serve as well as any of the budding socialists now running for the presidency.

But he has a clue about one thing: Occupational licensing.

Last week, Biden came out against the cosmetology licenses so common in states throughout the union. “Joe Biden knocks licensing requirements for hairdressers,” Philip Wegmann summarized on Twitter, “says it’s ridiculous that licenses take ‘400 hours’ of training: ‘It’s all about not helping workers.’”

Now, this is hardly a federal issue for a president to tackle. And Biden sure seems to be itching to run for the top banana position that he was so close to for eight years.

But states can do something — about their own stupid regulations. As Arizona just showed when the legislature passed a bill to acknowledge the occupational licenses from other states when a person moves to Arizona. This allows more freedom of movement among the states, and brings the state back into line with the common market idea of the U.S. Constitution. Governor Doug Ducey is expected to sign (or may already have done so, by the time this is published): it sure fits with the governor’s proclaimed desire to roll back regulations.

And this notion of openness and inclusion could be extended to other issues. You know, like concealed carry permits.

After all, states universally recognize all others’ drivers’ licenses. If you may navigate a metal-​and-​glass mortician’s little helper based on your state’s licensing, surely you can clip hair safely enough.

This is Common Sense. I’m Paul Jacob.


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crime and punishment folly general freedom local leaders moral hazard nannyism privacy responsibility too much government

The Winds of Regulation

Among the many goofy occupational licensing laws in these United States, Arizona’s licensing for professional blow-​drying services is up there with the silliest. 

“Under current law, using a blow-​dryer on someone else’s hair, for money, requires more than 1,000 hours of training and an expensive state-​issued license,” we learn at Reason. “Blow-​drying hair without a license could — incredibly — land you in jail for up to six months.”

This came into the news because of a campaign to deregulate the cosmetology industry — just a bit, anyway. Gov. Doug Ducey, in his recent State of the State address, “mocked the state agency that licenses stylists, barbers, nail technicians and affiliated professionals in Arizona, and endorsed legislation to remove training requirements for those who simply wash, brush and blow-​dry customers’ hair.”

Licensed cosmetologists — well, at least some organized ones — have gone into a tizzy.

Hardly surprising, since occupational licensing, though usually argued for on consumer safety grounds, rarely finds consumers clamoring for it. 

It’s groups of established businesses, professionals.*

Brandy Wells, the sole non-​cosmetologist on the state board overseeing the regulation of the industry, supports the liberalizing bill. So of course she has been called every name in the book. But even she was amused by one stylish denigration: “your logic on deregulation of cosmetology is much like your hair, dull and flat.”

The issue may seem trivial, with not all that much on the line — though jobs are … and freedom is

But it doesn’t lack for hot air.

This is Common Sense. I’m Paul Jacob.

 

* As Adam Smith argued, whenever businessmen (“dealers”) in the same industry group together, their proposals should be listened to “with great precaution.”


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Categories
Accountability crime and punishment folly general freedom moral hazard nannyism Regulating Protest too much government

The Oregon Fail

My children used to play “The Oregon Trail,” an early computer game where one navigated the amazingly dangerous wagon trip out west — often dying of dysentery or drowning while crossing a river. 

Oregon remains treacherous. 

Yesterday, we bemoaned the cancellation of a parade because a Republican Party group’s participation elicited threats of violence. Now, we find that writing a thoughtful letter to public officials about problematic traffic lights garners a $500 fine. 

Mats Järlström, a Swedish electronics engineer, made the mistake of moving to Beaverton, Oregon, and then compounded his error by sending an email to Oregon’s engineering board alerting them to a traffic light problem that put “the public at risk.”

The Oregon State Board of Examiners for Engineering and Land Surveying responded by informing him that statute “672.020(1) prohibits the practice of engineering in Oregon without registration … at a minimum, your use of the title ‘electronics engineer’ and the statement ‘I’m an engineer’ … create violations.”

Mr. Järlström expressed shock at the bizarre response. “I’m not practicing engineering, I’m just using basic mathematics and physics, Newtonian laws of motion, to make calculations and talk about what I found.”

After a red-​light camera ticketed his wife, Järlström investigated and discovered that the yellow light didn’t give drivers slowing down to turn at the intersection enough time. 

He wasn’t disputing the ticket, just attempting to right a wrong. Which is apparently against the law, when bureaucrats are committing the wrong.

The Institute for Justice accuses the licensing board of “trying to suppress speech.” Thankfully, they’re helping Järlström sue in federal court. 

This is Common Sense. I’m Paul Jacob.


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Photograph by Tom Godber on Flickr

 

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Accountability moral hazard nannyism national politics & policies responsibility term limits too much government

Ida-​Heave-​Ho

“Is there any chance the vetoes can be overridden?” asked a reader in response to yesterday’s commentary on Idaho Gov. Butch Otter’s veto of two pieces of common-​sense legislation. 

It’s a good question, because the bill reforming civil asset forfeiture and the bill easing regulations that block employment in cosmetology both passed by wide margins. Unfortunately, the answer is NO. 

According to the Gem State’s constitution, the governor has ten days after legislation reaches his desk or, at the session’s end, ten days after the legislature adjourns to decide whether to sign or veto a bill. If he vetoes after adjournment, it cannot be overridden — unless the legislature comes back into session.*

Only the governor can call legislators back into session, which is exceedingly unlikely if a new session would entail a veto override. 

It turns out that Idaho is one of only six states where legislators are unable after adjournment to override a veto. Still, the problem’s simple enough to solve: legislators could propose a constitutional amendment changing the process. 

Senator Steve Vick did just that, in 2014 and again in 2016. But though his amendment garnered the two-​thirds majority needed in the Senate, the House never took it up. He plans to reintroduce it next year.

There’s another constitutional change needed: term limits for the governor. A 2015 poll found a whopping 84 percent of Idahoans favor such limits. Yet, legislators may be squeamish, knowing that those same voters (by that same margin) also want legislators term-limited. 

Sometimes it is amazing,” Idaho Politics Weekly’s Bob Bernick explained, “how elected officials can just ignore the will of voters.”

This is Common Sense. I’m Paul Jacob.

 

* Gov. Otter also vetoed the legislature’s repeal of the state sales tax on groceries, the timing of which legislators are challenging in court.


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Categories
Accountability general freedom local leaders moral hazard national politics & policies property rights responsibility too much government U.S. Constitution

A Bad Haircut

Eric Boehm over at Reason excoriated Idaho Gov. Butch Otter for giving libertarians “the double bird salute.” Boehm wondered if the governor, in vetoing two bills earlier this month, had been merely “trying to make libertarians mad.”

That’s not exactly fair. 

The two blocked bills, one reforming unjust civil asset forfeiture and the other easing pernicious regulation of cosmetology, did certainly appeal to libertarians. But they also appealed to conservatives and liberals. And both passed with bipartisan support.

House Bill 139 would have reduced the number of training hours for a cosmetology license and allowed folks to fix hair at special events like weddings without a license, etc. “The fact that many lawmakers, Republicans and Democrats, liberals, moderates and conservatives, are working together to advance legislation in the interest of economic opportunity and prosperity,” argued Wayne Hoffman of the Idaho Freedom Foundation, “is a thing of beauty for a profession that’s all about beauty.”

But beauty is in the eye of the beholder. Those who run cosmetology schools probably like more mandated hours and folks in the profession might wish for less competition. Governor Otter said as much, complaining that HB 139 was written “without input from interested parties or due regard for the health, safety and welfare of the public.”

Just how dangerous is a bad haircut? 

Putting safety in context, Hoffman explained that the current mandated hours of training for a cosmetology license “is more than is required to become an EMT in Idaho.” 

Gov. Otter vetoed HB 202, the civil asset forfeiture reform, at the behest of “law enforcement” — the very interested parties who gain from taking people’s stuff without bothering to charge or convict them of a crime. 

That makes no sense … according to Common Sense. I’m Paul Jacob.


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Categories
education and schooling folly nannyism national politics & policies too much government

D.C.’s Diaper-​Dandy Regulation

Where is child care most expensive? 

In America, it is in our shining, shimmering national swamp. Yes, in Washington, D.C., infant care averages nearly $1,900 a month, more than $22,000 a year.

So naturally, if you’re a politician, you see that as too … low?

It has been decreed, since last December, that workers caring for infants and toddlers must upgrade their educations to keep their licenses. The District’s brave new world-​class day-​care regulations, the Washington Post informs us, are designed to put the District at the forefront of a national effort to improve the quality of care and education for the youngest learners.”

Yesterday, at Townhall​.com, I provided the details on 

  • which day care workers or home caregivers must acquire 
  • what type of college degree in early childhood education or, 
  • if currently degreed in another field, how many semester credit hours in early childhood education they must have, or 
  • whether a Child Development Associate (CDA) would suffice, and 
  • by what date …

… just to keep their relatively low-​paying jobs. 

You may be shocked, but these new regs do not apply to the politicians and bureaucrats regulating the “industry.”

The costly credentials required to provide child care will certainly raise prices that D.C. parents already can ill afford. And won’t help those newly credentialed, either: “prospects are slim,” the Post admits, “that a degree will bring a significantly higher income.”

In a perfect world, every child-​care worker would wield a Ph.D. in early childhood development. Be a pediatrician. As well as a psychiatrist. 

And a former Navy SEAL, to fend off terrorists.

But who can fend off this regulatory attack on common sense?

I’m Paul Jacob.


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Illustration based on photo by Carolien Dekeersmaeker on Flickr