Several Louisiana cosmetologists have filed an administrative petition with the state board that licenses manicurists and hairdressers, demanding that the regulators uphold the petitioners’ right to a jury trial when hit with fines for enforcement violations.
The petition to the Louisiana State Board of Cosmetology was filed on Sept. 18 on behalf of the five cosmetologists, who are represented by the Pelican Institute for Public Policy, Cao Law Firm and Pacific Legal Foundation. The petition argues that the Seventh Amendment of the U.S. Constitution guarantees them the right to a jury trial when challenging civil fines.
“In the year July 2023-June 2024, the board entered into 103 consent agreements and conducted four hearings, amounting to 107 adjudicated cases,” the petition states. “Each of these, that is, 100% of these cases, led to the imposition of monetary fines. Of these 107 cases, 78 involved Vietnamese individuals or businesses run by Vietnamese individuals.”
During this time period, the board imposed a maximum daily fine per violation – $300 – in nearly all of the cases, according to the petition. And none of the assessments on cosmetologists took place as a result of consumer complaints or jeopardized public safety, the petition says.
“The fines can quickly add up to thousands of dollars, which can be devastating to lower-income professionals such as manicurists or nail salon owners,” the Pacific Legal Foundation said in a news release.
The petitioners point out that the board does not receive any state funding for its operations and is completely dependent on funds received through fines or licensing fees.
“This practice creates a conflict of interest, incentivizing the board to impose fines aggressively to self-fund, rather than ensuring justice,” the Pelican Institute said in a press release.
The attorneys representing the petitioners said they were working to protect their clients from the heavy hand of bureaucratic power.
“As a proud member of the Vietnamese American community, I stand firm in challenging the unjust practices that threaten our livelihoods,” attorney Joseph Cao of the Cao Law Firm in Harvey, La., said in a statement provided to the Louisiana Record. “This fight is deeply personal – not just for me, but for every hardworking individual in our community striving for the American dream. We are determined to ensure that justice prevails and that the rights of our people are protected against excessive and unfair regulations.”
The Pelican Institute has a history of representing plaintiffs in Louisiana lawsuits who have complained that onerous state occupational licensing regulations keep low-income residents from making a living and reduce competition in certain professions.
“This legal challenge is a pivotal stand for the constitutional rights of all Louisianans,” James Baehr, special counsel at Pelican’s Center for Justice, said. “By addressing the overreach of the Louisiana State Board of Cosmetology, we aim to establish a fair system where occupational licensing serves the interests of the people, not bureaucratic power.”
The Pacific Legal Foundation stressed that juries have historically been the protectors of constitutional rights whenever excessive governmental powers are on display.
“Without a jury, you’re at the whim of the government,” the foundation said in its news release.
The State Board of Cosmetology did not immediately respond to requests for comment.