Second Ontario doctor asks Elon Musk for help

Ontario ER physician Mark Trozzi has asked Elon Musk for financial help to appeal a license suspension imposed by the Ontario College of Physicians and Surgeons for opposing Covid-19 mandates and handing out medical exemptions.

Second Ontario doctor hits up Musk for support battling regulatory bodies post-pandemic | Western Standard | Jen Hodgson:

March 28, 2024 - "Dr. Mark Trozzi has called on Twitter ('X') billionaire Elon Musk for support in his case against the College of Physicians and Surgeons of Ontario (CPSO). Trozzi, of Bancroft, is the second Ontario-based medical doctor to be usurped by the regulatory body and call on Musk for assistance in court.

"Dr. Kulvinder Kaur Gill of Brampton reached out to Musk to help settle her $300,000 court bill before the March 25 deadline after his promise to help those censored by their employers on the platform.... Gill’s was a failed libel case; the court ordered her to pay $1.1 million in legal fees [when] she took detractors to court for a smear campaign against the pediatrician after she spoke against COVID-19 mandates. 'We will help,' Musk replied to her tweet. 

"Trozzi ... has filed an appeal with the divisional court of Ontario after the CPSO suspended his license for six months for opposing COVID-19 public health measures [sic].  Trozzi, along with fellow Ontario physicians Patrick Phillips and Crystal Luchkiw, earlier said orders were unconstitutional and the CPSO was targeting 'anti-vaxxers' and 'anti-maskers.'

"However, the three doctors’ claims were rejected by a CPSO tribunal in January. The college accused Trozzi of 'professional misconduct by making misleading, incorrect or inflammatory statements about vaccinations, treatments and public health measures concerning COVID-19 through his email and online communications about the pandemic,' according to the National Post. 

"After the ruling, Trozzi published an in-depth open letter on the 'Plan-demic,' arguing COVID-19 wasn’t the real threat.... 'I have resigned all my hospital positions thus forfeiting my entire income. I have sold my house and greatly downscaled my family’s standard of living, while surviving on limited savings and committed myself to do my part to help counter the criminal covid enterprise,' the letter said.... 

'[C]herished rights have been denied to Canadians by governments and regulators during the so-called Covid-19 pandemic. Our mission is to restore them by making principled arguments before regulatory tribunals and the courts based on the common law, administrative law, the Charter of Rights and Freedoms and the first principles of liberal democratic government,' Trozzi’s website states, highlighting his crowdfunding site Justice for Medicine. 

"Musk has yet to respond to Trozzi's plea for help."

Read more: https://www.westernstandard.news/news/second-ontario-doctor-hits-up-musk-for-support-battling-regulatory-bodies-post-pandemic/53448

Fighting for Justice in Healthcare | Dr. Trozzi | EP 65 | Tammy Peterson | February 14th, 2024:

Ontario doctor ordered to take "ethics" retraining

The Ontario College of Physicians and Surgeons, the provincial regulatory body, has ordered Ottawa doctor Miklos Matyas to take remedial training in "ethics and boundaries" for saying things to patients that were "contrary to the information and directives provided by the public health agencies during the COVID-19 pandemic." 

Ottawa surgeon not 'free' to share controversial COVID-19 views with patients: college | National Post | Andrew Duffy: 

March 14, 2024 - "An Ottawa surgeon has been ordered to take a remedial course on ethics and boundaries after sharing with several patients his controversial opinions about the prevention and treatment of COVID-19. Dr. Miklos Matyas, a head and neck surgeon, recently lost his appeal of the order issued by the complaints committee of the Ontario College of Physicians and Surgeons. Matyas argued the case cut to the heart of free speech rights for doctors with dissenting medical views.

College of Physicians and Surgeons of Ontario, 2009.

Photo by Nephron. CC BY-SA 3.0, Wikimedia Commons.

"The complaints panel heard evidence Matyas cast doubt on the efficacy of COVID-19 vaccines, promoted the use of ivermectin, an anti-parasitic drug, and suggested that surgical masks were ineffective at preventing the disease’s transmission. The committee ordered Matyas to appear before the panel for a verbal caution about his communication with patients and colleagues. A date for that appearance has yet to be set.

“'The committee was concerned about the potential impact of the respondent’s (Matyas’) conduct on patient safety and the public interest,' the panel said in its February 2023 decision. 'In the committee’s view, his statements were contrary to the information and directives provided by the public health agencies during the COVID-19 pandemic.'

"Matyas appealed that decision to the Health Professions Appeal and Review Board, arguing the college had no authority to investigate and punish him for expressing scientific opinions that challenged the 'official narrative' on COVID-19.

“'Protection of the public is made possible by protecting physicians’ autonomy and free expression of their honest professional opinions and interpretations of scientific data,' Matyas argued, adding: 'Promoting censorship of dissenting expert clinicians in a rapidly evolving public health crisis is not in the public’s interest.' Any suggestion he offered inappropriate COVID-19 information, Matyas told the review board, rested on the belief that public health officials were always right....

"Matyas’ arguments, however, were rejected earlier this month by the review board, which said the college was legally required to investigate patient complaints and to act when a physician’s conduct was unprofessional. In its decision, the review board said that, while physicians had a Charter-protected right to free speech, it was reasonably circumscribed because they held a unique position of public trust.... 

"'The board finds the committee’s conclusion to be reasonable on the inappropriateness of the applicant’s comments about COVID-19 vaccines and treatment,' the review panel wrote. 'The committee’s conclusion is grounded on public health information in the record, including from the National Institutes of Health, and the U.S. Food and Drug Administration.' The board upheld the committee’s order that Matyas enroll in a remedial ethics course and appear before the panel to be cautioned."

Read more: https://nationalpost.com/news/local-news/complaints-case-addresses-free-speech-of-ottawa-surgeon-with-dissenting-covid-19-views/wcm/6d3c6973-f089-4faf-9161-4f62f54165b6

Andrew Duffy is a National Newspaper Award-winning reporter and long-form feature writer based in Ottawa. To support his work, including exclusive content for subscribers only, sign up here: ottawacitizen.com/subscribe

Peterson's appeal of retraining order dismissed

Ontario's Court of Appeals has dismissed psychologist Jordan Peterson's appeal of a lower court decision that the provincial regulatory body can subject him to mandatory social media re-education. 

Peterson warns Canada not a free country after appeal dismissed | Western Standard | Jen Hodgson:

January 17, 2024 - "Psychologist and best-selling author Jordan Peterson declared Canada is not a free country after losing his appeal of a mandatory re-education case in the Ontario Court of Appeal.... The court denied Jordan Peterson’s motion to have the College of Psychologists of Ontario’s mandatory re-education ruling overturned on Tuesday. A panel of three judges made the decision, with no reasons given.

"None of the complaints against Peterson, who was a professor at the University of Toronto until 2017, were filed by a former patient or student, but from those who took offence to comments he made online.... Based on allegedly offensive comments Peterson made on social media and Joe Rogan’s podcast, the college said he would have to undergo a mandatory social media retraining program for an undetermined amount of time, paid for out of his pocket and by a trainer appointed by them in order to maintain his licence. 

"The  Ontario Divisional Court said in August the college was allowed to uphold the decision. Peterson appealed, which led to the ruling announced Tuesday. Peterson’s lawyer Howard Levitt told the National Post this was the last chance for appeal — he lamented the loss of free speech in Canada and said he thinks the case will set a precedent “licensing regulatory bodies to be more aggressive.” 

“'Is there free speech in Canada?' Levitt said. 'To what extent are the limits on free speech in Canada, to free speech which is not criminal or not tortious, not a violation of any law? To what extent are regulated professionals and regulated trades impacted in terms of what they can say in the public forum? These are important issues and Canada has been castigated broadly for the decision of the divisional court,' the attorney said. 

"The 18-page court decision included an explanation and more details on the training than were previously given, including a set time frame. Peterson is required to begin the training within three months and it will last up to 12 months. 'Requiring coaching following apparently unheeded advice seems a reasonable next step, proportionately balancing statutory objectives against Charter rights which are minimally impaired, if they are impaired at all, by the (college’s decision to require coaching),' the document states. 

"Peterson’s comments in question include tweets made about Sports Illustrated's plus-size model campaign being 'not beautiful,' and about the surgeon that removed the breasts of transgender actor Elliot Page, formerly known as Ellen Page. Peterson, who has sounded the alarm on transgender surgeries in the past, said Page 'had her breasts removed by a criminal physician'....  Peterson was [also] accused of not taking climate change or COVID-19 mandates seriously and posting 'aggressive' comments about Prime Minister Justin Trudeau, and specifically, Trudeau's long-time friend and former principal secretary Gerald Butts, who was entrenched with Trudeau in the SNC Lavalin scandal in 2018. 

"When the mandatory training was issued, Peterson refused to participate, and asked the courts to review his case. He said his speech on public platforms was outside the purview of the college’s authority.... The Ontario Divisional Court ruled in August [that] though Peterson didn’t break any laws, he was outside the rules in place for the regulated profession of practicing psychologists.... [T]he court documents state ... 'The order is not disciplinary and does not prevent Dr. Peterson from expressing himself on controversial topics.'"

Read more: https://www.westernstandard.news/news/peterson-warns-canada-not-a-free-country-after-appeal-dismissed/51713

Jordan Peterson Discusses His Court-Ordered Social Media Training | Theo Von Clips | August 30, 2023: 

Ontario MD may lose license over vax comments

The Ontario College of Physicians and Surgeons wants to take away a doctor's license over comments he made about Covid-19 vaccines on social media and his website, says the doctor's lawyer. 

Ontario Doctor at Risk of Losing Licence Over COVID-19 Vaccine Comments | Epoch Times | Chandra Philip:

November 10, 2023 -"The Ontario College of Physicians and Surgeons may revoke the licence of an Ontario doctor for his comments on COVID-19 vaccines. An Oct. 6 Ontario Physicians and Surgeons Discipline Tribunal decision said that Dr. Mark Trozzi committed professional misconduct by 'failing to meet the standard of practice of the profession' in some of his statements about vaccinations and COVID-19 public health measures. They said the comments were made on social media, on his website, and in interviews. 

"The tribunal also said Dr. Trozzi failed to meet professional standards when issuing medical exemptions from COVID-19 vaccines to patients.... 

"The college is looking to have his licence permanently revoked, Mr. Trozzi’s lawyer told The Epoch Times. But it’s something they are prepared for ... Michael Alexander said. He said they’ve set up the case so they can appeal to the court system.. 

"A penalty hearing was held on Nov. 10, but Mr. Alexander said they do not expect to hear back until sometime in December. He said that Dr. Trozzi is 'undeterred' by the turn of events. 'He’s a very positive person, and he is very passionate about the truth regarding the pandemic in COVID-19, and I would just say the truth generally,' Mr. Alexander said. 'He feels he's done the right thing and said the right things.'

"Mr. Alexander said that the case is an attack on the freedom of expression, calling it a “troubling development.' 'Colleges have now taken on the role of censors and doctors must toe the college's line and the government's line on public health and other matters of science. This is a really fundamental attack on freedom of expression, so it's a very troubling development.'

"The Epoch Times contacted the Ontario College of Physicians and Surgeons for comment but didn't hear back by publication time."

Read more: https://www.theepochtimes.com/world/ontario-doctor-at-risk-of-losing-license-over-covid-19-vaccine-comments-5527363

Doctor has huge concerns with the PCR test | Interview with Dr. Mark Trozzi (part 1) | Rebel News | March 15, 2021: 

Peterson can be ordered to take social media training, Ontario court rules

Ordering Dr. Jordan Peterson to undergo social media training at his own expense is a justified breach of his Charter right to free expression, a provincial court has ruled.  

Ontario court rules against Jordan Peterson, upholds social media training order | CBC News:

August 23, 2023 - "An Ontario court ruled against psychologist and media personality Jordan Peterson Wednesday, and upheld a regulatory body's order that he take social media training in the wake of complaints about his controversial online posts and statements. Last November, Peterson, a professor emeritus with the University of Toronto psychology department who is also an author and media commentator, was ordered by the College of Psychologists of Ontario to undergo a coaching program on professionalism in public statements.

"That followed numerous complaints to the governing body of Ontario psychologists, of which Peterson is a member, regarding his online commentary directed at politicians, a plus-sized model, and transgender actor Elliot Page, among other issues.... The college's complaints committee concluded his controversial public statements could amount to professional misconduct and ordered Peterson to pay for a media coaching program — noting failure to comply could mean the loss of his licence to practice psychology in the province. Peterson filed for a judicial review, arguing his political commentary is not under the college's purview.

"Three Ontario Divisional Court judges unanimously dismissed Peterson's application, ruling that the college's decision falls within its mandate to regulate the profession in the public interest and does not affect his freedom of expression. 'The order is not disciplinary and does not prevent Dr. Peterson from expressing himself on controversial topics; it has a minimal impact on his right to freedom of expression,' the decision written by Justice Paul Schabas reads, in part. You can read the entire decision at the bottom of this story.

"Peterson had said his statements were not made in his capacity as a clinical psychologist, but instead were 'off-duty opinions' — an argument the court rejected....

"In an interview with CBC News, Peterson said he will take the training and broadcast it. 'I'll comply with their regulations, but I'm not going to do it in secret... And the reason I'm not going to do it in secret is because I don't believe I've done anything wrong,' he said. Peterson told CBC News in January that he had no intention of giving up his fight with the regulatory body, accusing the college of attempting to stymie his speech and discipline him for his political opinions. He [affirmed] Wednesday he stands by what he has said and has 'zero regrets' for his social media posts. Peterson said he believes the posts are a question of free speech, which he called "sacred," adding he says what he believes to be true....

"He added he no longer treats patients and his career is instead focused on social and political commentary. Similarly, he doesn't regularly lecture at U of T. However, Peterson has said he wants to retain his licence. 'I deserve it. I earned it. I haven't done anything to justify suspending it, and I don't want to give the hyenas their bones,' he said earlier this year.

"The college, in a statement released after the decision was issued, said it is committed to carrying out its mandate of protecting the public interest by regulating the practice of psychology. 'The College will review today's decision and undertake next steps in accordance with our mandate and any appropriate legal processes,' the statement reads.

"Peterson's case was watched closely by free speech advocates and regulators in other professions. It featured interveners including the Canadian Civil Liberties Association, the College of Physicians and Surgeons of Ontario, and LGBTQ+ advocacy group Egale Canada, which said in a statement from Executive Director Helen Kennedy that communities her organization represents often face discrimination and barriers when accessing healthcare.... 

"Canadian Civil Liberties Association (CCLA) Executive Director Noa Mendelsoh Aviv, meanwhile, said in a statement that the CCLA doesn't endorse Peterson's views, but still argued in court that professional regulatory bodies shouldn't be policing speech that is not directly connected to professional practice. 'Freedom of expression is a right that no individual gives up just because they join a regulated profession,' she said.

"Carolyn Silver, Chief Legal Officer for the College of Physicians and Surgeons of Ontario who appeared at the hearing on behalf of the college in its intervention, said the college welcomes the decision.... 'In our view, the decision again confirms that when a regulated health professional breaches expectations set by its regulator, including with respect to public speech, the regulator is best situated to assess and address the potential harm to public trust and confidence in the profession.'"

Read more: https://www.cbc.ca/news/canada/toronto/jordan-peterson-court-case-decision-1.6943845

LILLEY UNLEASHED: Dr. Jordan Peterson in a fighting mood after court ruling | Toronto Sun | August 23, 2023:

Jordan Peterson faces losing license over tweets

After complaints about his tweets, Jordan Peterson has been ordered by the Ontario College of Psychologists to undergo "social-media communication training" on pain of losing his license. 

I will risk my licence to escape social media re-education | National Post - Jordan Peterson:

January 4, 2023 - "The practice of psychology in Ontario, and in many other North American and western jurisdictions, is subject to regulation by 'professional colleges' — essentially governmental organizations with a mandate to protect the public from misconduct on the part of physicians, lawyers, social workers, dentists, pharmacists, teachers, architects and many others, including (and most relevant to me) clinical psychologists.

"Anyone anywhere in the world can levy a complaint to these regulatory bodies for any reason, regardless of whether the complainant has had any direct contact with the professional in question. The respective colleges have the responsibility to determine whether each complaint is serious and credible enough to warrant further investigation.... When the college decides to move forward, it is a serious move, essentially equivalent to a lawsuit. The Ontario College of Psychologists in fact recommends legal counsel under such conditions.

"The Ontario College of Psychologists has levied a multitude of such lawsuits against me since my rise to public prominence six years ago (although none at all in the 20 years or so I practised as a psychologist before that).... I have been sentenced to a course of mandatory social-media communication training with the college’s so-called experts (although social media communication training is not a scientific and certainly not a clinical specialty of any standing). I am to do this at my own expense (some hundreds of dollars per hour) and for a length of time that is to be determined only by those retraining me and profiting from doing so. How will this be determined? When those very re-educators — those experts — have convinced themselves that I have learned my lesson, and will behave properly in the future.

"If I agree to this, then I must admit that I have been unprofessional in my conduct, and to have that noted publicly, even as the college insists that I am not required to admit to any wrongdoing. If I refuse — and I have (of course) refused — the next step is a mandatory public disciplinary session/inquiry and the possible suspension of my clinical licence (all of which will be also announced publicly)....

"What exactly have I done that is so seriously unprofessional that I am now a danger not only to any new potential clients but to the public itself? It is hard to tell with some of the complaints (one involved the submission of the entire transcript of a three-hour discussion on the Joe Rogan podcast), but here are some examples that might produce some reasonable concern among Canadians who care about such niceties as freedom of belief, conscience and speech:

• I retweeted a comment made by Conservative Leader Pierre Poilievre about the unnecessary severity of the COVID lockdowns;
• I criticized Prime Minister Justin Trudeau;
• I criticized Justin Trudeau’s former chief of staff, Gerald Butts;
• I criticized an Ottawa city councillor; and
• I made a joke about the prime minister of New Zealand, Jacinda Ardern....

"For criticizing our prime minister and his cronies and peers, for retweeting Pierre Poilievre, the leader of the official Opposition in Canada, and for holding and for daring to express reprehensible political views, I have now been convicted by the College of Psychologists of 'harming' people in some manner serious enough to justify my forced re-education. Now that I have refused, I will definitely face further exceptionally public, demanding, time-consuming and expensive disciplinary action, including the suspension of my licence. This, despite the fact that none of the people whose complaints are being currently pursued were ever clients of mine, or even knew clients of mine, or even knew or were acquainted with any of the people they claim I am harming. This, despite the fact (and please attend to this) that half the people who levied such complaints falsely claimed that they had in fact been or currently are clients of mine....

"I’m not complying. I’m not submitting to re-education. I am not admitting that my viewpoints — many of which have, by the way, been entirely justified by the facts that have emerged since the complaints were levied — were either wrong or unprofessional.... And to the College of Psychologists, I issue this challenge: I am absolutely willing to make every single word of this legal battle fully public, so that the issue of my professional competence and my right to say what I have to say and stand by my words can be fought in full daylight."

Read more: https://nationalpost.com/opinion/my-critics-have-weaponized-the-college-of-psychologists-disciplinary-process-for-political-reasons

Joe Biden takes libertarian line on licensing

Biden Echoes Libertarians' Call on Occupational Licensing | RealClearPolitics - Philip Wegman:

May 9 2019 - "Speaking before the International Brotherhood of Electrical Workers before declaring his third bid for the presidency, Biden settled on one example in particular: occupational licensing reform. 'You know if you are a hair braider, you braid people’s hair, you have to get a license to do something like 400 hours of training,' he said before ... concluding that licensing requirements were part of a greater unseen effort 'not to help the worker.'

"The union crowd in Washington, D.C., gave the gaffe-prone politician a laugh, and three weeks later at his presidential campaign kickoff, Biden recycled the talking point. 'Why should someone who braids hair have to get 600 hours of training? It makes no sense,' he told another labor crowd, this one packed into a union hall in Pittsburgh. 'They’re making it harder and harder in a whole range of professions, all to keep competition down.'

"The union members in the crowd and the workers standing behind the candidate applauded again -- reliably Democratic voters all cheering the kind of government deregulation that has been the pet project of libertarian billionaires like Charles and David Koch for half a decade....

"Well known to limited-government types, occupational licensing reform is the sort of thing discussed by wonks at libertarian think tanks. Until now, the issue hasn’t been fodder for presidential politics. This could change, thanks to Biden, and it could begin a larger national discussion about state and local licensing rules that govern everything from hair braiding to pet walking.

"According to the Bureau of Labor Statistics, roughly half of U.S. workers hold an occupational license, a dramatic increase since 1950 when just 5% of the workforce held such permits. Attorneys, construction contractors, and surgeons are all expected to obtain legal certification to ensure quality and public safety. But critics complain that licensing requirements have gone too far when hairdressers and interior decorators have to obtain permission from the government to do their jobs....

"Pennsylvania Gov. Tom Wolf ... Democrat and close Biden ally ... eliminated licensing requirements for more than a dozen jobs.... Pennsylvania barbers were required to train for 1,250 hours, pass written exams, and spend thousands of dollars just to legally give a buzz cut. And anyone who want[ed] to auction off antiques, manage a campground, or even sell cemetery plots in his state had to obtain legal certification to do so. Critics like Wolf argue that those hoops do more to harm workers looking for opportunity than they do to protect consumers.

"Biden agrees and the longtime liberal is getting rare accolades from an unusual source for making the argument: the conservative Koch network.... Erica Jedynak, director of employment initiatives at the Koch-funded Americans for Prosperity, told RealClearPolitics that Biden’s comments show the 'issue is now coming to the forefront'....

"Clark Neily, a vice president at the libertarian CATO Institute, is normally no fan of the former vice president ... Neily told RCP, but Biden is a persuasive politician who has grasped onto 'something that is fundamentally true, namely that occupational licensing is destroying the engine of American prosperity.... If he is prepared to translate that into terms his constituency can understand and respond to, it’s going to be a winning message,' Neily said. If Biden [also] backed the libertarian case for further criminal justice reform, the CATO scholar added, 'heck, I might even vote for him.'”

Read more: https://www.realclearpolitics.com/articles/2019/05/09/biden_echoes_libertarians_call_on_occupational_licensing_140280.html
'via Blog this'

Ebke unveils model licensing reform bill

Libertarian State Senator Wants to Make it Easier for People With Criminal Records (And Everyone Else) to Work - Hit & Run : Reason.com - Brian Doherty:

April 6, 2018 - "Laura Ebke of Nebraska is the Libertarian Party's only sitting state senator. A bill she introduced to reform her state's occupational licensing regime got an enthusiastic and lengthy write-up this week in The Wall Street Journal.... The Occupational Board Reform Act (L.B. 299) would change the incentive structure and process by which Nebraska decides the most rational and least restrictive way to ensure consumer safety without unduly harming people's ability to work.

"The state has been interested in 'chipping away at occupational licenses one by one' for a while, Ebke said.... Then last year she 'was approached by the Institute for Justice to see if I would be interested in carrying some model legislation they had put together, and I was very interested.'

"One of the more colorful case studies, described in the Journal story, involves massaging horses, which leaves you open in Nebraska to a possible four years in jail and a $35,000 fine if you do it unlicensed.... Ebke saw it as a teachable moment: 'Does it make sense,' she asked her colleagues, 'to demand a license to give a rubdown to a 1,200-pound creature?'

"The final vote on the measure is expected next week, and Ebke is confident it will make it to the governor's desk and be signed. One of her main allies in the process is a Nebraska-based free market think tank, the Platte Institute, founded by the sitting governor Pete Ricketts.

"Being a Libertarian, Ebke says, has likely helped the bill's so-far positive prospects. 'Most of the co-sponsors are Republicans,' she says, but 'the fact that I'm not a Republican allows some of the more liberal members of the body to come and talk to me." She says she's found such members willing to work on getting the bill into a shape that they can support, 'and their willingness to do so speaks to the fact that a lot of times I have been with them' on issues where Republicans were not.

"Ebke is also proud that the state branch of the American Civil Liberties Union has been an enthusiastic proponent of the bill, largely because of how it deals with how difficult current occupational licensing laws can make it for those with criminal records to find meaningful work.... As the Journal notes, 'Recidivism rates are lower in states where former criminals can find gainful employment.'

"In arguing for the bill, Ebke has found that some citizens are 'very protectionist and want to protect their [existing] licenses,' but many Nebraskans are excited for a chance to do meaningful productive work without jumping through unnecessary and expensive hoops."

Read more: https://reason.com/blog/2018/04/06/libertarian-senator-gets-her-occupationa
'via Blog this'

Crowdfunding helps illegal barber pay $2K in fines

Reason Readers and Ajit Pai Helped Memphis Barber Pay His Absurd Licensing Fine - Hit & Run : Reason.com:

"Thanks to readers of Reason, Federal Communication Commission Chairman Ajit Pai, and other random strangers who had never met him, Elias Zarate was able to pay off a $1,500 fine (plus another $600 in fees) imposed by Tennessee's haircut cops.

"What crime warranted such a stiff penalty? Zarate cut hair without a ... high school diploma. What's finishing high school got to do with being a good barber, you may ask? Well, nothing, but Tennessee is one of 13 states to require completion of high school as a prerequisite to getting a barber license....

"Zarate dropped out of high school midway through the 12th grade to help raise his two younger siblings — their mother had died in a car accident and their father abandoned the kids to tenuous living arrangements with relatives — and ultimately got a job working as a barber in Memphis.... After getting busted, Zarate approached the Tennessee Board of Cosmetology and Barber Examiners, hoping for some help with getting a legitimate license. They slapped him with a fine and told him he'd have to go back to high school before he could work again. 'I was thinking, how am I supposed to pay for this fine, you know, because they're stopping me from working," Zarate told Reason....

"With the help of licensing reformers at the Beacon Center of Tennessee, a free market think tank, Zarate set up a GoFundMe account to help pay off his fine. After our story about his situation — and a clutch tweet from Pai — the page was flooded with donations.

"Zarate ended up raising more than $3,200, with most of it coming in the form of small donations from people who likely have never met him and never will.... 'I just want to thank everybody who donated, it means so much to me," says Zarate in a video posted by the Beacon Center. 'I just want to be able to get into barber school and make everything right with the state and provide for my family.'

"But now that Zarate has paid off his fines ... he's still no closer to having a career as a barber. Righting that wrong will require action from the state legislature. After Zarate's story became public, Gov. Bill Haslam called for a bill to reduce the educational requirements for a barbering license. Legislation introduced in the state House and state Senate would require the completion of 10th grade....

"It's not clear why there should be any educational requirement attached to a barber license. Cutting hair well does not require knowledge of trigonometry or a careful study of the meaning of The Adventures of Huckleberry Finn. Proper sanitation for the equipment used by licensed barbers — the only thing that could remotely be considered a reason for government to intervene — could be, and indeed is, taught during the mandatory training that all barber licensing applicants must complete in Tennessee. It is not taught in Tennessee high schools.

"The closer you look, the less sense it makes. You can become a licensed emergency medical responder in Tennessee without a high school diploma ... Getting an EMR license in Tennessee requires only that an applicant can 'read, write, and speak the English language,' according to Tennessee Department of Health guidelines....

"Individuals pitching in to help a guy like Zarate is a heart-warming story; but the reality is that state boards can issue more fines than could ever be paid off in such a fashion. Eliminating unnecessary licensing laws that have nothing to do with public health and safety is the only way to ensure that barbers, hair braiders, and cosmetologists in Tennessee and elsewhere have the freedom to pursue their careers without fear of the haircut cops."

Read more: https://reason.com/blog/2018/03/20/reason-readers-and-ajit-pai-helped-memph
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Government versus the sharing economy

The government needs to stop stifling economic growth — commentary - Gary Johnson, CNBC:

August 24, 2016 - "The sharing economy has captivated the attention of so many users and participants because services like Uber and Lyft enable more efficiency and convenience than hailing a cab. Have a spare room to rent out? That's done simply and easily with Airbnb or HomeAway.

"Technology is making it easier for all of us to be entrepreneurs — and that's a good thing.

"What should be the government's role in looking at such services as new opportunity generators? It's simple: Government should stay out of the way....

"But instead we're seeing established politicians team up with special interests in an effort to strangle new forms of enterprise and innovation from gaining traction — and threatening those special interests. Politicians like Hillary Clinton look at sharing services like travel, ride-sharing, finance, staffing, and music and video streaming and see a problem....

"Entrepreneurship may be celebrated in the abstract — but too many politicians have no hesitation in using government power to stop innovation. The challenge has become so obstructive that one technology trade group, the Consumer Technology Association, has had to put together a 'Disruptive Innovation Council' to specifically fight governments and established companies from strangling new businesses in the cradle....

"The establishment isn't really interested in making our lives easier or more convenient. To the contrary, their self- interests are best served by protecting us to death. Indeed, the Obama administration's Labor Department is so intent on tightening the classifications of independent contractors that soon there won't be any.

"City after city is regulating and outright banning Airbnb — prohibiting homeowners from earning extra cash, much of which, ironically, would be spent in those same communities, providing jobs and, yes, tax revenues.

"The same kind of special interest assault on entrepreneurship is happening under the name of occupational licensing. In the 1970s, only 10 percent of workers were subject to such licensing, a number that now totals 30 percent, according to a Morris M. Kleiner report. Lifting restrictions on occupational licensing is one of four keys to unlocking U.S. economic growth, according to the Cato Institute.

"The entrepreneurial economy exemplified by companies like Uber and Airbnb is really only beginning. Besides the expected growth in nontraditional approaches to services like travel, ride-sharing and staffing, technology and entrepreneurs will soon take us to places where other services, such as health care, will be similarly transformed — if only government and the politicians will get out of the way.

"Being ever an optimist, I am confident that even the government cannot forever stand in the way of an entrepreneurial transformation that consumers and the marketplace are so clearly demanding. And the result of that revolution will be really good for all of us, with the possible exception of recalcitrant politicians and their special interest patrons."

Read more: http://www.cnbc.com/2016/08/24/the-government-needs-to-stop-stifling-economic-growth-gary-johnson-commentary.html
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Alternatives to government licensing

Why Should Anyone Need a License for Anything? | Foundation for Economic Education - Kevin Currie-Knight:

May 23, 2016 - "Recently, the state legislature in my home state of North Carolina approved draft legislation that would undo licensing requirements for 15 professions, including locksmithing, pastoral counseling, and acupuncture..... It is tempting to assume that the only way professional certification can be effective is if the state does it and if it is mandatory. Neither assumption is true....

"First, let’s ask ourselves when certification is and isn’t valuable. Certification reduces what economists call information costs: if I am shopping in a field where choosing a bad provider may be costly, searching for a certified provider may be an easy way to ensure that the provider meets a minimum standard....

"In Kansas and Wyoming, two states where licensure is not required to practice acupuncture, the number of acupuncturists who voluntarily have certification from the NCCAOM is 42 and 26, respectively. That may not seem like many, but consider that Kansas has 1 voluntarily certified acupuncturist for every 49,000 residents, while neighboring Missouri has 1 licensed-by-legal-requirement acupuncturist for every 51,300 residents. That’s pretty comparable....

"And what if the state decides not to serve as licenser? Will private organizations step in? The answer is an almost certain yes.... Becoming an 'athletic trainer' in North Carolina requires a state license, but becoming a 'personal trainer' does not. It turns out, however, that most employers seem to want only certified personal trainers.... So where do personal trainers get certified?.... private certifying bodies for personal trainers, such as the National Personal Training Institute and the International Fitness Association. Why do employers tend to hire trainers who are certified? Presumably, it’s not because of any government demands, but because they find those trainers to be better for business.

"Locksmithing is another profession for which the North Carolina bill would dissolve licensure requirements. To help us predict the outcome for the state’s consumers, we can look to Great Britain, where the government imposes no licensing requirement on locksmiths. British locksmiths can, however, pursue certification with the nonprofit Master Locksmith Association and other similar organizations, which allow locksmiths to advertise as certified. And, true to form, a good many locksmiths voluntarily acquire this certification....

"Kosher food regulation is a well-studied example; kosher meats used to be certified by state governments, but over time, it was found that private organizations like Organized Kashrut Laboratories and the Union of Orthodox Congregation did a better job.... In his essay 'Kosher Certification as a Model of Private Regulation,' law professor Timothy Lytton suggests several reasons. Demand for kosher products, he says, 'gives food manufacturers incentive to pay for reliable, independent' certification. Additionally, 'brand competition among certifiers based on reliability has led to increasing expertise and accountability.'

"When customers demand a superior product or service, and they believe certification to be a good indicator of quality, businesses will generally realize the benefit of pursuing certification, even if the certifying bodies are private and licensure isn’t mandatory.

"Consumers will decide what the value of certification is by deciding what premium they will pay to go with a certified service provider. This outcome would offer the best of both worlds, because nothing would be imposed on anyone. Whether to obtain certification, and whether to use certified providers, will be voluntary. And voluntary is good."

Read more: https://fee.org/articles/why-should-anyone-need-a-license-for-anything/
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Unlicensed hair-washers face jail in Tennessee

Shampooing Hair Without A License Could Mean Jail Time In Tennessee - Forbes - Nick Sibilla, Institute for Justice:

May 5, 2016 - "When Tammy Pritchard was a young mother, shampooing hair provided much-needed income and even helped put her through college. Today, this part-time police officer wants to wash hair at a beauty salon operated by her friend in Tennessee.

"Unfortunately for Tammy, unlicensed shampooing is a crime, punishable by up to six months in jail. The Tennessee Board of Cosmetology and Barber Examiners can also impose civil penalties as high as $1,000 for those who dare to lather, rinse and repeat without a license.

"On Monday, Tammy partnered with the Beacon Center of Tennessee and filed a civil rights lawsuit against the Board in order 'to vindicate the right of Tennesseans to pursue an honest living.'

"Before she can legally wash hair at a salon, Tammy must finish 300 hours of training on 'the practice and theory of shampooing'.... [P]rospective shampooers learn about the 'chemistry and composition of shampoos and conditioners,' 'shampooing and rinsing foreign material from hair,' and 'shop management,' which covers remedial skills like 'answering phone, scheduling appointments, ordering supplies.' After completing the class, shampooers then have to pass two exams... One school that previously taught the course charged $3,225 for tuition, books, kit, uniform and other fees....

"Incredibly, no schools in Tennessee currently offer the shampoo technician curriculum. So to comply with the law, shampooers must instead acquire a broader cosmetologist license. That requires 1,500 hours of training, or five times as much coursework as the shampooer license....

"According to the Institute for Justice, only four other states even license shampooing, with training requirements ranging from a mere three hours of coursework in West Virginia to 150 hours in New Hampshire. In 2013, Texas decided to scrap its shampooer license after the agency that regulated the practice called for the 'elimination' of this 'unnecessary burden on Texans.'

"A 2012 study by the Institute for Justice found Tennessee to be the '13th most broadly and onerously licensed state'.... Many license requirements make little sense. Athletic trainers, auctioneers, opticians, barbers, massage therapists, makeup artists, manicurists and shampooers all need more experience for their licenses than emergency medical technicians need for theirs. In fact, almost a quarter of Tennessee’s workforce is licensed according to a report by the Brookings Institution.'"

Read more: http://www.forbes.com/sites/instituteforjustice/2016/05/05/shampooing-hair-without-a-license-could-mean-jail-time-in-tennessee/
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Licensing costs over $100 billion, U.S. report says

Occupational Licensing Hurts Just About Everyone, Says White House - Hit & Run : Reason.com - Elizabeth Nolan Brown:

July 31, 2015 - "Horse masseurs. Hair braiders. Funeral attendants. Florists. All are subject, at least in some states, to 'occupational licensing,' defined by the Treasury Department as 'a government permit allowing workers to legally practice.' Since the 1950s, the number of U.S. jobs where workers are required to be licensed by the state has increased five-fold, now encompassing about a quarter of our working population. Far from being merely a minor inconvenience for workers, this excessive licensing regime 'creates substantial costs, and often the requirements for obtaining a license are not in sync with the skills needed for the job,' according to a new report from the Treasury, the White House Council of Economic Advisers, and the Department of Labor.

"Libertarians have been objecting to occupational licensing on these grounds for decades, of course; the free-market friendly Institute for Justice has even been systematically suing to bring about their demise. But it's rare to see federal agencies recommend against more economic regulation, so let's all just savor this small victory a moment. The scathing report paints occupational licensing as a regulatory scheme that serves almost no one any good — raising consumer costs while failing to deliver improved quality; reducing employment opportunities, especially among the most economically vulnerable; and hampering state-to-state mobility and market innovation.

"'By one estimate, licensing restrictions cost millions of jobs nationwide and raise consumer expenses by over one hundred billion dollars,' the report authors write.

"'Consumers are likely most familiar with licensing requirements for professionals like dentists, lawyers, and physicians,' they point out, 'but today licensing requirements extend to a very broad set of workers,' including auctioneers, scrap metal recyclers, barbers, manicurists, eyebrow threaders, and tour guides. This means that an ever-growing share of jobs 'are only accessible to those with the time and means to complete what are often lengthy' — not to mention expensive — licensing requirements, while the penalties for working without a license can include job loss, fines, and even incarceration.

"Yet stringent occupational licensing seldom delivers improved services or safety to consumers. In 10 out of the 12 empirical studies reviewed by the report authors, stricter licensing was not associated with quality improvements."

Read more: http://reason.com/blog/2015/07/31/white-house-occupational-licenses-report
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Eyebrow threader licensing law struck down in TX

Is This the Most Libertarian Legal Opinion Ever Written? - Hit & Run : Reason.com - Damon Root:

July 8, 2015 - "In a resounding victory last month for economic liberty, the Texas Supreme Court struck down a state licensing law that required eyebrow threaders to complete 750 hours of costly and unnecessary cosmetology training in order to receive the state's permission to charge customers for the harmless act of removing unwanted eyebrow hairs with a loop of cotton thread.

"'The requirement of 750 hours of training to become licensed is not just unreasonable or harsh,' the Texas Supreme Court held in Patel v. Texas Department of Licensing and Regulation, it is 'so burdensome as to be oppressive'....

"As the Texas high court pointed out, 'persons licensed to apply eyelash extensions — a specialty involving the use of chemicals and a high rate of adverse reactions — are required to undergo only 320 hours of training.' Eyebrow threading, by contrast, is an entirely safe occupation that involves no chemicals and requires only that practitioners follow the most rudimentary of sanitary practices, such as the regular washing of hands. To force would-be eyebrow threaders to spend as much as $9,000 on 750 hours of pointless training in order to obtain a pointless license is practically the definition of arbitrary government....

"Texas Supreme Court Justice Don Willett filed a lengthy concurring opinion of his own, in which he launched a full-throated defense of economic liberty under both the Texas and U.S. Constitutions.... Here's an excerpt from Justice Willett's superb concurrence:

This case concerns the timeless struggle between personal freedom and government power. Do Texans live under a presumption of liberty or a presumption of restraint? The Texas Constitution confers power — but even more critically, it constrains power. What are the outer-boundary limits on government actions that trample Texans' constitutional right to earn an honest living for themselves and their families? Some observers liken judges to baseball umpires, calling legal balls and strikes, but when it comes to restrictive licensing laws, just how generous is the constitutional strike zone? Must courts rubber-stamp even the most nonsensical encroachments on occupational freedom? Are the most patently farcical and protectionist restrictions nigh unchallengeable, or are there, in fact, judicially enforceable limits?"

Read more: http://reason.com/blog/2015/07/08/is-this-the-most-libertarian-legal-opini
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Hair braiders sue three states over licensing laws

Libertarian-backed hair braiders sue three states over license requirements | Fashion | theguardian.com - Amanda Holpuch, The Guardian:

June 18, 2014 - "Hair braiders in three US states filed lawsuits this week calling cosmetology licensing regulations unconstitutional, in part because the licensing process does not require certificants to learn hair braiding techniques.

"With help from the libertarian Institute for Justice, plaintiffs in Washington, Missouri and Arkansas said the licensing process puts an unnecessary burden on braiders who would have to pay for and attend cosmetology or vocational school to obtain a license.

"'I think that it might reflect a lack of awareness of the nuances of black hairstyles by the people that are focused on establishing these type of regulations,' said Adia Harvey Wingfield, an associate professor at Georgia State University.

"Hair braiding is a natural technique that does not require chemicals or technical equipment and relies on specific, centuries-old processes that can take several hours to complete.

"But hair braiders in 24 states must still adhere to cosmetology regulations, even if they do not offer hair cutting, dying or other services that alter the structure of hair.

"After a similar lawsuit in 2005, Washington said it would not require hair braiders to obtain such licenses because braiding doesn’t include processes that alter hair structure in the way that haircuts and coloring services do. However, Salamata Sylla, the owner of a hair braiding salon and plaintiff in the new Washington suit, was told she could only continue braiding if she got a state license – which would require 1,600 hours of training and two examinations on services she does not offer, like beard-trimming."

Read more: http://www.theguardian.com/fashion/2014/jun/18/hair-braiders-licensing-plawsuits
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