December 3, 2024

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Kansas mom wins preliminary victory in sugaring lawsuit

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A single mom in Hays, Kansas, is one step closer to owning her dream business after winning the first round of a lawsuit aimed at eliminating burdensome regulations on sugaring.

According to a release from the Kansas Justice Institute — which, like the Sentinel, is owned by the Kansas Policy Institute — Bryn Green’s lawsuit will move forward after a Shawnee County judge denied an attempt to dismiss Green’s case. 

Bryn Green

“With the help of KJI, Green sued the Kansas Board of Cosmetology over its irrational and arbitrary occupational licensing requirements involving sugaring,” the release reads.”Sugaring is an ancient grooming technique that uses a mixture of sugar, lemon juice, and water to safely remove unwanted hair.”

To help support her family, Green wants to start a sugaring business in Hays, her hometown. Sugaring would also allow her greater flexibility in raising her son. But in Kansas, it is a crime to practice unlicensed sugaring, and Green is not licensed.

In Kansas, even though sugaring is safe, the Kansas Board of Cosmetology requires 1,500 hours of instruction in expensive schools for a cosmetology license. It is estimated that 99% of the cosmetology curriculum teaches things other than sugaring.

“This is a great first-round victory for Bryn and puts her one step closer to achieving her dream of starting a sugaring business,” KJI Litigation Director Sam MacRoberts said. “People shouldn’t be forced to spend tens of thousands of dollars on irrelevant cosmetology school and take irrelevant examinations just to be able to use sugar, lemon juice, and water to safely remove unwanted hair. 

“It shouldn’t be a crime to safely use sugaring paste to remove unwanted hair. There’s no good reason for the government to force someone to attend thousands of hours of irrelevant and expensive schooling for something that is already safe. We’re really excited we get to keep fighting for Bryn’s right to be free from irrational government rules.”

Over the decades, occupational licensing has exploded even though, as President Obama’s Administration determined, “most research does not find that licensing improves quality or public health and safety.”

“Represented at no charge by KJI, Green is suing the Kansas Board of Cosmetology to vindicate her rights, and the rights of all Kansans, to be free from unreasonable government regulations,” the release reads. “This case is part of KJI’s litigation efforts to make it easier for families to earn an honest living. In 2019, KJI successfully sued the State of Kansas over its raw milk advertising prohibition; in 2020, KJI sued the State over its occupational licensing requirement involving eyebrow threading; and in 2023, KJI sued the City of Ottawa, Kansas, over its home-based business prohibitions involving beekeeping and gardening.”

Gov. Kelly sides with protectionists over average Kansans, vetoes sugaring bill

In the last legislative session, the Kansas Legislature advanced a bill that would have removed the onerous licensing requirements for sugarers, allowing Green and other Kansans to become entrepreneurs instead of employees. However, Governor Laura Kelly sided with the esthetician school lobby and vetoed SB 434.

The technique, mixing sugar, lemon juice, and water into a paste to apply to the affected area, requires 1,000 hours of education at an esthetician school or 1,500 hours of cosmetology training, although only 1%, at most, of each covers sugaring. In her veto message, the governor cited health concerns:

“I have serious concerns that deregulating sugaring — a hair removal technique that may be performed on minors — could lead to safety and sanitation problems.”

The Senate overwhelmingly approved the legislation 39-1. The House also passed SB 434 71-52, but far short of the 84 votes needed to override the veto.

 

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