Tag: permission

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First Amendment rights regulation

Again Allowed

engineer, permission, regulations

Retired engineer Wayne Nutt wants to be able to speak freely about engineering problems.

North Carolina, in the form of its Board of Examiners for Engineers and Surveyors, disagrees. The Board sought to prohibit his speech unless he obtained a professional license, and it threatened him with sanctions.

As Institute for Justice puts it, the Board ordered Nutt “to stop talking about math in public.”

In response, Nutt sued, with IJ’s help.

Nutt often writes letters or speaks at public meetings to discuss problems with the designs of buildings and other structures. He also testified in court about flooding of a housing development. This is what caught the attention of the Board, which claims that for Nutt to utter such testimony or any public statements enlisting his specialized knowledge is illegal, amounting to practicing engineering without a license.

“I like the freedom to be able to speak up,” Nutt says.

I sympathize with this desire, as did the Founders who gave us the First Amendment to protect freedom of speech. Fortunately, so does Chief Judge Richard Myers of North Carolina’s Eastern District. He has just issued a favorable ruling in the case.

“This is a win for more than just me,” Nutt says. “There are a lot of people in the same situation — people who have expertise that they’ve been blocked from talking about. This decision is an affirmation that the First Amendment protects all of our rights to share what we know.”

This is Common Sense. I’m Paul Jacob.

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nannyism paternalism too much government

Five-​Hundred Hour Shampoo Sham

shampoo, license, regulations

Given everything that has happened over the last several millennia, you can’t be surprised by anything. But still.

I had to check the text of the bill, A06578 in the New York State Assembly, to make sure the stories are accurate. It checks out: some lawmakers really do want to compel aspiring “shampoo assistants” to take 500 hours of training before they suds up your hair. (Apparently, though, you will still be allowed to give yourself a home-​shower shampoo, even without training. Maybe future legislation will close this loophole.)

The culpable assemblymen are Carrie Woerner, (518) 455‑5404, and John T. McDonald III, (518) 455‑4474. A companion bill, S8862, is sponsored by co-​conspirator State Senator Jen Metzger, (518) 455‑2400.

According to the legislation, certificate holders may shampoo and rinse but not, you know, perform delicate surgical procedures like waxing or placing artificial braids.

One odd thing about the bill is this stipulation: “All shampoo assistant certificates shall expire one year from the date of issuance.” So … every year, shampoo assistants must put in another 500 hours?

On the other hand … come on, man. Think of the risk.

What if the water is too hot and the shampoo assistant is brand-​new and hasn’t had the 500 hours training, so she gets burned and burns the head of the customer, or even heats the water on a stove until it boils and then pours it over her own head and the customer’s head? 

How would she know not to do that without any training whatsoever?

This is … I’m Paul Jacob.

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Accountability crime and punishment folly free trade & free markets general freedom ideological culture moral hazard nannyism national politics & policies privacy property rights responsibility too much government

Working to Boost Unemployment

occupational licensing, hair braiding, permission, law, crime, employment, unemployment, control, health

Some government officials work overtime to throw people out of work.

What I’m referring to differs from losing your job or business because of slack performance or slackening sales. Instead, you lose the right to earn your living a certain way so that the government can benefit competitors at your expense.

Occupational licensing is great at dis-employing people. The regulations are especially galling when the work being regulated obviously requires no formal training in order to be done well and safely.

Hair braiding, for example. 

The Institute for Justice — which has done incredible work over the years representing victims of destructive government mandates — just won a victory for hair braiders in Iowa. Thanks to IJ’s efforts, a new law there exempts braiders from having to waste time and money getting a cosmetology license in order to practice their craft.

Such battles are never won permanently, of course. Washington, D.C., recently started requiring day care providers to get a college degree or lose their job. (As I have argued in a Townhall column, the same “logic” would justify forcing people to get college degrees to become parents.) IJ is helping affected parties to challenge the absurd law. 

It is time for a new licensing requirement. Nobody gets to become a local, state or federal lawmaker unless he first writes a million times in a row, “I will never help violate the rights of any man or woman to earn an honest living.”

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

occupational, licensing, permission, unions, protectionism, regulation, license, law

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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