A project of the Institute for Justice
Three Key Facts
- Braiders are regulated as hairstylists, hairdressers or cosmetologists, leading to extremely onerous course requirements. These range from a 1,000 hour hairstylist course in Wyoming to 2,000 hours needed to become a licensed cosmetologist in Idaho and Montana.
- Occupational licensing laws in all 50 states restrict entry into hundreds of professions. In the 1950s, less than five percent of the workforce was required to obtain a government license to do their job. Today, that number is roughly one in four—a fivefold increase. There are now more than 1,100 different occupations that require a government license, registration or certification in at least one state.
- At a minimum, the government may only restrict braiders’ rights to run their businesses when there is some “rational basis” for that restriction. To demonstrate that rational basis, the government must show a reasonable connection between the restrictions in question and public health and safety. But there is no threat to public health or safety presented by braiding hair—and certainly not any threat that can justify hundreds, if not thousands, of hours of irrelevant cosmetology classes that can cost $20,000 or more.
Today, only nine states still require braiders to obtain a full cosmetology license, down from 29 states in 2005.
One in four American workers require a government license to work.
The Fourteenth Amendment prevents the government from arbitrarily interfering with people’s ability to earn a living in their chosen occupation.
Report: Barriers to Braiding
How Job-Killer Licensing Laws Tangle Natural Hair Care in Needless Red Tape
By Angela C. Erickson
July 2016
African-style hair braiding is a time-tested and natural craft. Yet most states force braiders to get a government license and take hundreds or even thousands of hours of classes to work legally. This study finds that such onerous licensing has nothing to do with protecting public health and safety. Instead, it just keeps braiders out of work. These results join a growing body of research that finds the costs of licensing often outweigh any purported benefits. To help put more people back to work, policymakers can and should eliminate needless licensing barriers for braiders and other workers.
Report: Untangling Regulations
Natural Hair Braiders Fight Against Irrational Licensing
By Paul Avelar and Nick Sibilla
July 2014
Untangling Regulations: Natural Hair Braiders Fight Against Irrational Licensing is a survey of braiding laws in all 50 states and Washington, D.C. Across the country, braiding regulations vary dramatically:
Current Braiding License Requirements
Full Cosmetology License Required
Special Braiding License Required
No License Required
Initiative Cases
The Institute for Justice has filed lawsuits challenging various laws governing natural hair braiding practices.
Missouri Hair Braiding
If you want to braid hair for a living in Missouri, you must spend thousands of dollars on at least 1,500 hours of cosmetology training that teaches you nothing about African-style hair braiding. That’s far more time and money than it takes to become a licensed EMT in the state. Find out more
Our Supporters and Past Clients
Dr. JoAnne Cornwell
A “locktician” from San Diego, Dr. JoAnne Cornwell created “sisterlocks,” a tiny and uniform technique of naturally styling hair. Sisterlocks has certified associates in over 30 states. But when Dr. Cornwell first tried to open her own braiding salon in the 1990s, she learned she need a license in cosmetology, which required 1,600 hours of training. (more…)
Isis Brantley
At her braiding school in Dallas, the Institute for Ancestral Braiding, Isis Brantley has braided hair for a diverse clientele, including homeless women and Grammy award-winning artist Erykah Badu. Brantley is also passionate about the right to braid hair freely, calling it “the latest civil rights struggle.” (more…)
Melony Armstrong
For almost 15 years, Melony Armstrong has owned her own natural hair braiding business, Naturally Speaking, in Tupelo, Miss. Starting from scratch, she now employs 25 people and has trained more than 125 people how to braid. (more…)
Pamela Ferrell and Taalib Din Uqdah
Pioneers in the natural hair care field, Taalib din Uqdah, along with his wife Pamela Ferrell, opened Cornrows & Co. in 1980 to provide high-quality African hair styling to customers in Washington, D.C. Cornrows & Co. soon flourished, providing a popular service to the community, paying tens of thousands of dollars in taxes annually and creating jobs and training opportunities for the unemployed. (more…)
Locked Out: A Mississippi Success Story
Locked Out: A Mississippi Success Story
About the Institute for Justice
Founded in 1991, the Institute for Justice is what a civil liberties law firm should be. As the national law firm for liberty, we stick to a clear mission engaging in cutting-edge litigation and advocacy both in the courts of law and in the court of public opinion on behalf of individuals whose most basic rights are denied by the government. Our four pillars of litigation are private property, economic liberty, free speech and school choice. Simply put, we seek a rule of law under which individuals can control their destinies as free and responsible members of society.
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Braiding Initiative Team
Arkansas
Paul Avelar
Attorney
Paul Avelar serves as a staff attorney with the Institute for Justice’s Arizona Chapter. He joined the Institute in March 2010 and litigates free speech, school choice, property rights, economic liberty and other constitutional cases in both federal and state courts.
Erica Smith
Attorney
Erica Smith is an attorney with the Institute for Justice. She joined IJ in August 2011 and litigates cutting-edge constitutional cases protecting free speech, school choice, property rights, and economic liberty in federal and state courts.
Washington
Wesley Hottot
Attorney
Wesley Hottot joined the Institute’s Washington Chapter (IJ-WA) in 2013 after working in both the Institute’s headquarters office and its Texas Chapter. He is also currently leading a challenge to eyebrow threading regulations in Texas.
William Maurer
Executive Director of the Institute for Justice Washington Chapter
William R. Maurer is the Executive Director of the Institute for Justice Washington Chapter (IJ-WA), which he joined in November 2002. IJ-WA engages in constitutional litigation in the areas of economic liberty, private property rights, educational choice, freedom of speech, and other vital liberties secured by the U.S. and Washington Constitutions.
Missouri
Dan Alban
Attorney
Dan Alban serves as an attorney with the Institute for Justice. He joined the Institute in September 2010 and litigates cutting-edge constitutional cases protecting free speech, property rights, economic liberty and other individual liberties in both federal and state courts.
Communications
J. Justin Wilson
Communications Director
As the Institute for Justice’s Director of Communications, J. Justin Wilson works on IJ’s award-winning media team to make the case for economic liberty, free speech, private property rights and school choice in the court of public opinion.