The Rules About Licensing for Hair Braiding Are Shifting Across the U.S.

August 13th, 2012 - By Tonya Garcia

Image: Comstock

A federal judge has ruled in favor of Jestina Clayton, who sued the state of Utah over its requirement that Clayton get a cosmetology license to braid hair, a side business that Clayton set up to help support her family. U.S District Judge David Sam ruled that Utah’s requirement was ”unconstitutional and invalid.” According to the judge, licensing is meant to protect public health, but the state never established the public health and safety concerns that hair braiding raised.

Clayton came to the U.S. from Sierra Leone, has three small children, and started braiding hair to bring in extra income as her husband finishes school. She says she learned the skill when she was five years old. She filed her lawsuit last year after the state said it would be illegal for her to continue.

There is no uniformity in the laws governing the need for a license to braid hair. Utah is one of six states that requires a cosmetology license while those braiding hair in California and Arizona don’t need a license at all. In other states, like Florida, some training is required, but not the full cosmetology coursework.

“Progressives are joining what had been a strictly libertarian cause out of concern that excessive licensing requirements disproportionately hurt poorer Americans and newly arrived immigrants,” writes The Oregonian. In Oregon, hair braiders are required to clock in as many as 1,700 hours in cosmetology school, which can cost up to $20,000. The article makes the point that much that’s taught in cosmetology school doesn’t even apply to hair braiding because there are no chemicals involved in the process. Oregon now has legislation on the table, the “Natural Hair Act,” which will come up in the 2013 session. It would change the requirements for hair braiding, bringing the oversight in line with the nature of the business.

(That article in The Oregonian includes the interesting story of Amber Starks, who is making a business out of teaching people, black and white, how to care for natural hair.)

“The Utah case is particularly interesting because Utah obviously doesn’t have a long tradition of African hair braiding as a local industry,” says Slate. That’s a big part of the issue. A lack of knowledge about hair braiding — how it’s done and what’s required — is likely what prompted the overly-strict regulations in the first place. It’s one more example of how diversity in government — at all levels — benefits the governed.

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  • ambo

    where i’m from you can take a 6 week braiding course

  • Kayo

    I assumed that hair braiders required one to wash their hair before their visit. The only time I have ever seen a hairbraider wash someone’s hair is when I got my hair braided at a salon and not a braid shop. If people aren’t washing their hair before they get it rebraided, then that is disgusting. I especially hate hairbraiders who cannot braid without putting their hands all over the client’s face.

    • realadulttalk

      Depends where you go–I’ve had people ask me if I needed my hair washed (but I always wash it before I get there)–but most do not inquire and I’ve seen some heads that IMO did not appear clean. I now just prefer to get mine braided in a salon…it costs a little more, but there are also checks and balances in place with my licensed hair dresser that I cannot get with a braid shop. I’ve also found with braid shops it is too difficult to get your hair done by the same person more than once–2 months later they are MIA.

  • ilovemeandyoudotoo

    Damnnnnnnnn How long lil mama gone wear the f$*k out them braidlocks???

  • RogueHair

    on a side note…..am I the only person wondering if the chick in the pic has dreads at 1st then realizes it ends a very neat braids :/

    • gracie

      Lol!

    • sammi_lu

      she has hella new growth..lol

    • realadulttalk

      I’m very confused by her hair.

  • Guest360

    This is just….dumb. Its hair braiding!! What public health are you trying to look out for? I don’t get it. What’s the issue? Is this a law for only people who get paid to braid hair or do mothers have to go to cosmetology school now too just to have permission to put cornrows in their daughters hair now? Utah needs to do better because this law is just dumb.

    • Kayo

      I don’t know if or how often you get your hair braided, but there are health risks involved. Most hair braiders who operate on their own do no practice sanitary habits. I’ve seen many hair braiders use the same comb without sanitizing it in different patrons hair. I’ve seen hair braiders walk into their appointments late and just start braiding hair without washing their hands. Some hair braiders even braid so tightly that irritation to the scalp is caused. The public health they are tyring to look out for are both the client and stylist.

      I think you are purposely being foolish. Of course this law does not include mothers who braid their children’s hair. This law is for people who do hair braiding as a profession.

      • One360

        Are you serious basic sanitary is not going on in the avg salon white or black…this is crazy, no1 in Utah about braiding hair the African way, who will train a women who learn this skill at age 5…what’s been said is deep than her braiding hair for $$ but what about her own children or her family? Now pandoras box is open for xtra foolishness!

        • Kayo

          Sure, there are hair salons that do not practice sanitary habits, but what does that have to do with this article?

          As I already said, this law doesn’t seem to apply to a woman doing her children or family member’s hair. This is about someone who does hair as a profession but is not licensed. I suggest you do research on this law instead of forming an entire opinion on this one article.

      • gracie

        I like how you see things Kayo:-)

        • Kayo

          Thanks.

    • realadulttalk

      Really??? Mothers braiding their children’s hair??? Please tell me you are being purposely facetious.

    • Candacey Doris

      I think cosmetology school requirements is a bit much. But there should be some standards. When i went looking for someone to do my hair for the summer my mother and i hit 20 different stores. Of those stores half were not clean or neat in any wa. Others overcharged. And a few people who said they were braiders did not do it on any type of regular basis and had no examples of their work. We ended up being braided by these nice, clean Haitian ladies who specialize in braiding.

      Part of the reason i have no problem requiring a license is the fact that some aren’t clean, an others have no idea what they’re doing! Then you’ve got braids coming out by the root, knots in your hair when you try to take it out, and all kinds of foolishness happening.

  • unque43

    Maybe the person braiding my need training in hygiene of the hair to protect themselves as well as their customer people sometimes may have problems with their hair where braiding may make the situation worse and then they blame the braider for their hair falling out they may need to get a certificate no license should be required . The government once again trying to get money off of other people talents

  • sammi_lu

    Womp.Womp.Womp to the “little hater that could” who put the state on to Clayton’s side hustle. pfff people these days…