Cartels, guilds, safety, etc.
By Thoreau
Matt Yglesias has been talking a lot about regulations on barbers and hair stylists lately. Matt’s basic point is that the field seems to be over-regulated. Should we care if a person who plans to style women’s hair also knows how to do a shave with a straight razor? What if a person just wants to do basic haircuts but no chemical treatments? Matt’s commenters freaked out. I realize that there are real health and safety issues here, and I’ll defer to the opinions of the internet commentariat (a population known for its grooming prowess) to sort out what sorts of rules are necessary to have a healthy and safe good hair day. However, in many states it appears that rules go way beyond the basics of “how not to spread disease” to “You can’t braid hair unless you also know how to do chemical treatments, straight razor shaves, etc.”
I think barbering is a useful place to examine principles because it is a trade that requires some skill but not the years of training for, say, a heart surgeon or a chemical plant design engineer. It is a field where there are some established big corporations in the field but individuals can still open shops and get clients on the side. (My wife spent a fortune on a private hair and makeup person for the wedding.) There are real health and safety issues, but there’s also room regulatory overkill to stifle competition. And states have regulations of varying stringency. I don’t claim to be an expert on it, but it seems like a place where the case for far less regulation is strong, but a few significant factors leave room for reasonable arguments in favor of at least some regulation.
Two other points:
1) Because this is the internet, Matt was of course called on white male privilege by people who pointed to the hazards from chemicals used in certain hair treatments for women of color. Well, I’ll see your chemical hazards in minority communities card and raise you an African-American hair braiding case taken by the Institute for Justice. If somebody’s only planning on braiding, maybe there are a few health and safety issues to be careful about, but should we care if she can do other hair care procedures? Seems like a rule that makes it harder for women in disadvantaged communities to make money practicing a time-honored craft.
2) I’ll follow Matt and further raise you a Barack Obama sticking up for ex-cons trying to make it in society card. Seriously, why shouldn’t an ex-con be able to get a cosmetology license? Once you decide that a person’s prison sentence will be shorter than life, you’d better decide to make it reasonably feasible for him to earn a living in some sort of lawful trade. Now, maybe convicted scam artists shouldn’t get jobs in accounting (although there’s also an argument that if he knows accounting really well and wants to go legit, sticking with something he knows may be the fastest route to a respectable living), and maybe oxycontin dealers shouldn’t work in pharmacies, but other than that why stack the deck against ex-cons any more than it’s already stacked? Barbering is a skilled blue-collar trade. A man can earn a reasonable living, perhaps even run a small business. Why deny that option to somebody who’s trying to go clean? If you do, then his only options are either really low wages, or crime. Do you want an ex-con facing that choice?
Anyway, I think Matt is raising some important issues.