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Eyebrow threading heads to court

by AMY JOHNSTON / KVUE News

kvue.com

Posted on December 8, 2009 at 5:02 PM

Updated Tuesday, Dec 8 at 5:20 PM

A battle is brewing over a growing trend in eyebrow shaping.  Waxing has been popular in the U.S. for years, but the process called eyebrow threading is getting more popular.  It's also at the heart of a legal debate.

At Browz and Henna in Lakeline Mall, eyebrow threading is a specialty. 

Pat Freeman visited the salon to have her eyebrows threaded.  She hadn't found another shop like it since last getting them done in Waco.

"I'm really excited about this.  It worked well for me," she said.

Some people, like Manisha Gupta, have been using this type eyebrow shaping for decades.

"I grew up in India and I've been threading all my life and it just feels more secure than doing waxing to me," she said.

But Ash Patel, who's partner owns this shop, says his profession is in jeopardy because Texas requires those who practice the trade be licensed.

"I feel it's unfair to be regulated under the same cosmetology or aestheticism's license," he said.

He's going to court to get the law changed.  His attorney says the government cannot regulate something that is demonstratively safe.  At a news conference Tuesday afternoon, The Institute of Justice announced that it filed a lawsuit against the State Board of Licensing and Regulation on behalf of eyebrow threaders.  Patel is among the eight people.

"They can't constitutionally regulate something that is safe.  There has to be some threat to the public health or safety before the government can force an entrepreneur to get a license," said Wesley Hottot, attorney.

"Threading is part of the cosmetology procedure.  And under the cosmetology law, the removal of hair does fall under the law," said Susan Stanford, Public Information Officer for the Texas Department of Licensing and Regulation.

Stanford says, under the law, people who practice threading must get a facialist license.  That license requires 750 hours of training and the cost of school.

"For someone who is just going to do the threading, it doesn't make sense in invest a year of their lives going to a school and spend anywhere from $10,000 to $20,000 to get a license and not use any of the skills," said Patel.

Plus, Patel says the licensing process is so expensive and time-consuming, it would put the threading trade out of business.  Either threaders wouldn't get licensed or the cost passed on to customers would make it less appealing.

The Texas Department of Licensing has been citing people who practice threading without a license.  For its fiscal year in 2009, 41 citations were issued.  In 2008, that number was just 11.  The department attributes the jump in citations to growing popularity in malls.  It's against the law to practice threading in a space that's less than 150 square feet and doesn't have hot and cold running water.

Texas used to require hair braiders to get a cosmetology license, but that changed in 2006.  They now only have to get a specialty license which takes 35 hours.  Patel said he believes a similar license would be fair for those who practice eyebrow threading.

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