Louisiana cosmetologists and manicurists sue licensing board for violating their right to a jury trial

Baton Rouge, LA; September 19, 2024: Today, Amy Cao and four other licensed cosmetologists and manicurists filed a lawsuit against the Louisiana State Board of Cosmetology for violating her right to a jury trial.

“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.”

The Louisiana State Board of Cosmetology is charged with licensing both cosmetologists and salon owners — among other cosmetology professionals — and enforcing the state laws that regulate them. Board staff frequently inspect manicurists’ businesses and issue civil fines for alleged violations. The fines total thousands of dollars, and in some cases the Board even revokes licenses.

But when a manicurist disagrees with the inspectors, their only option is to appeal the fines to the Board itself — the very agency that fined them in the first place. At no point do they get to have their case heard by a jury of their peers as the Constitution requires.

This unfair system leaves licensees at the mercy of the Board with little recourse when the Board decides to come after them.

“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,” said James Baehr, special counsel at the Pelican Institute. “Our goal is to reinforce the importance of a fair trial and protect the livelihoods of professionals across the state.”

When the Board accused Amy Cao of allowing two unlicensed individuals to work as manicurists at her salon, they slapped her with a $1,350 fine, threatened to suspend her license, and placed her on probation. All without the benefit of a jury trial or any of the procedural protections from government abuse that we hold dear. She had no real option but to succumb to the Board’s terms. Now Amy and four other cosmetologists and manicurists are fighting back.

“This fight is deeply personal—not just for me, but for every hardworking individual in the Vietnamese American community striving for the American Dream,” said Joseph Cao, an attorney at Cao Law Firm. “We are determined to ensure that justice prevails and that the rights of our people are protected against excessive and unfair regulations.”

The case is Amy Cao et al. v. Louisiana State Board of Cosmetology filed with the Louisiana State Board of Cosmetology. Pacific Legal is partnered with the Pelican Institute and Cao Law Firm in this litigation.