Tuesday, October 1, 2013

From the Texas Tribune: Dallas Hair Braider to Sue Over Regulations

One of the reserved powers of the state is the ability to set regulations for occupations.

These are contained in the Texas Occupations Code and overseen by the Texas Department of Licensing and Regulation.

A Dallas hair braider thinks the state's requirement that she have 2,250 hours of training and have a 2,000 square foot facility in order to teach hair braiding is not just excessive, but unconstitutional.


On Tuesday, she will file a lawsuit against the Texas Department of Licensing and Regulation, alleging in federal court that the state’s rules violate her constitutional right to equal protection under the 14th Amendment. Brantley will ask the court to exempt her from the regulations and grant an injunction preventing the state from applying the rules to other hair braiders.

“This lawsuit means economic liberty for my community,” Brantley said in a statement. “Economic liberty is especially important for black women. This is our new civil rights movement.”
An official at the state regulating agency acknowledged that the rules for barber schools could be difficult for hair braiders to comply with.

Since its a 14th Amendment issue - this would proceed through the federal courts. Should be fun.