Louisiana Cosmetologists and Manicurists File Petition Against Licensing Board for Violating Right to a Jury Trial

FOR IMMEDIATE RELEASE
Media Contact: sydney@pelicaninstitute.org

Baton Rouge, LA; September 19, 2024: Today, Amy Cao, Hien Hoang, Jan Thoa Nguyen, Linda Ho, and Bich Doan Vo, all licensed cosmetologists and manicurists, filed an administrative petition against the Louisiana State Board of Cosmetology (LSBC) for violating their constitutional right to a jury trial.

The right to a trial by jury is a fundamental American liberty enshrined in the Seventh Amendment. This safeguard ensures that the government cannot deprive citizens of their property or livelihood without due process. However, in Louisiana, the LSBC imposes steep fines and revokes licenses without offering fair recourse to a jury trial. This puts licensed professionals, such as manicurists and nail salon owners, at risk of financial jeopardy.

The LSBC oversees the licensing and regulation of cosmetologists, conducting frequent inspections and issuing fines for violations. These fines start at $25 per infraction and can escalate to $300 per day for ongoing violations. During the July 2023 to June 2024 period, every single LSBC enforcement action resulted in a monetary fine, none of which were tied to customer complaints or public health threats. This practice creates a conflict of interest, incentivizing the Board to impose fines aggressively to self-fund, rather than ensuring justice.

Amy Cao and her fellow cosmetologists are challenging this unjust system with legal representation from the Pelican Institute, the Pacific Legal Foundation, and the Cao Law Firm. The administrative petition seeks to guarantee the right to a trial by jury when the state imposes financial penalties, ensuring that no individual is at the mercy of a state regulatory board without the protection of a jury of their peers.

Joseph Cao, Attorney at Cao Law Firm, stated, “As a proud member of the Vietnamese American community, I stand firm in challenging the unjust practices that threaten our livelihoods. 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.”

James Baehr, Special Counsel at Pelican Institute Center for Justice, added, “This legal challenge is a pivotal stand for the constitutional rights of all Louisianans. 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 Seventh Amendment to the Constitution guarantees the right to a jury trial in civil cases,”said Adi Dynar, an attorney at Pacific Legal Foundation. “There shouldn’t be an exception for cosmetologists and manicurists in the state of Louisiana. The courts must fully apply the Seventh Amendment to ensure that the rights of all Americans are protected.”

This administrative petition not only seeks to uphold constitutional rights but also aims to protect the livelihoods of licensed professionals across Louisiana. By ensuring a fair trial by jury, we can foster a regulatory environment that serves justice and supports the hardworking individuals in our community.

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Note: The case Amy Cao et al. v. Louisiana State Board of Cosmetology is filed with the Louisiana State Board of Cosmetology. For further details or to schedule interviews with the plaintiffs and their legal representatives, please find case updates [here].