Imagine that you are a successful small-business entrepreneur.

And then imagine that the government was forcing you to spend $30,000 to build something utterly useless just to prove that you were serious about your business.  Sound crazy?  That is essentially what is happening to Minnesota funeral-home entrepreneurs:

Verlin Stoll is a classic American entrepreneur.   Although he’s only 27 years old, Verlin opened his first business, Crescent Tide funeral home, in St. Paul last April.  He prides himself on being “a different kind of funeral and cremation service” by providing high-quality funeral goods at a lower cost than his competitors.

With basic services at merely $250, Verlin saves his customers serious money.  The bigger funeral homes on average charge ten times as much.  Indeed, Crescent Tide is one of the only businesses in the area that benefits low-income families who cannot afford the high prices of the big funeral-home companies.

Predictably, Verlin’s business model is a success.  And he wants to expand on that success by hiring new employees and building another business so even more Minnesotans can benefit from his services.  Unfortunately, there’s an obstacle standing in his way:

Big government.

Minnesota refuses to let Verlin build a second funeral home unless he first builds a $30,000 embalming room.  He doesn’t have to actually use the room, it just has to be there.  As Institute for Justice economic liberty expert Katelynn McBride explains: (more…)

Lisa Martinez was forced to shut down her businesses or face five years in prison.   Her crime?   Teeth whitening.

This week, Lisa and others are fighting back in a big way:

In 2008, Lisa opened Connecticut White Smile in the Crystal Mall in Waterford, Conn., where she sold an over-the-counter whitening product and provided a clean, comfortable place for customers to apply the product to their own teeth, just as they would at home.

As it turns out, teeth-whitening services are popular and increasingly available at spas, salons and shopping malls all across the country. People are so eager to use these services because they provide great results at a fraction of the cost that dentists charge.

As Lisa puts it:

My customers loved my convenient location and affordable prices.  Owning my own business gave me a flexible schedule that allowed me to spend more time with my family.

Unfortunately, as happens all too often, happy customers + happy entrepreneurs = unhappy special interests.

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It’s just a piece of cotton thread.

And yet, in order to use that simple piece of thread in Arizona for the popular practice of removing unwanted facial hair, the state’s Board of Cosmetology demanded that highly skilled entrepreneurs sit through 600 hours of classroom instruction—with a price tag of up to $10,000.

And here’s the kicker:  not one hour of instruction teaches anything about threading:

Thankfully, five Arizona threading entrepreneurs teamed up with the Institute for Justice and fought back. And this week, they proved that you can stand up to government officials to defend your civil rights—and win.

As Institute for Justice Arizona Chapter Executive Director Tim Keller explains in the video above:

Threading is such a safe and sanitary practice that Arizona’s neighboring states – California, Utah and Nevada – have all exempted braiders from their states cosmetology licensing schemes.   Our goal is to restore the right to earn an honest living to its proper role as a fundamental right in Arizona.

And so last June, the entrepreneurs and IJ filed a lawsuit challenging the Board’s requirement that Arizona threaders first obtain a cosmetology license in order to use a single piece of cotton thread to remove facial hair.  And now those same entrepreneurs have joined the Arizona Attorney General’s Office in asking a Superior Court judge to sign a Consent Judgment that will end the litigation and prevent the Board from requiring threaders to become licensed cosmetologists.

Once the Consent Judgment is signed, every threader in Arizona will be able to work without fear of citations, fines or harassment from the Board.

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Tomorrow, Florida has a golden opportunity to strike a major blow for economic liberty.

The vital question is this:  Will Republican senators live up to their promises to remove job-killing regulations and red tape, or will they cave in to powerful special interests and high-paid lobbyists?

On Friday, the Florida Senate will vote on HB 5005, a House bill that removes needless licensing requirements for several harmless trades—including hair braiders, outdoor theater workers and interior designers.

But as the video above explains:

The legislature set out to [remove] unnecessary licensing laws, including one that makes is a crime to practice interior design without a college degree and a two-year apprenticeship . . . . Lobbyists for the American Society of Interior Designers are trying to derail reform efforts by stirring up trouble in Tallahassee before the legislative session ends this Friday.

The American Society of Interior Designers (ASID) represents less than three percent of all designers, but its members have designated themselves as spokespeople for the entire industry.   And for the last 30 years, ASID has spent millions of dollars on a coast—to-coast lobbying campaign designed to legislate potential competitors out of business.

This 30-year fight all comes down to the Florida Senate tomorrow.

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When you think about a highly aggressive cartel teaming up with politicians to pass protectionist laws that kick entrepreneurs out of work, you probably don’t think about interior designers.

But you should.

The American Society of Interior Designers (ASID) represents less than 3 percent of all designers, but its members have designated themselves as spokespeople for the entire industry. ASID has spent over 30 years and millions of dollars lobbying from coast to coast for interior design licensing schemes.  Not surprisingly, the schemes they propose would force all interior designers to have the exact same credentials as required for membership in ASID.

The group has worked relentlessly to enlist state legislatures in its campaign for total industry cartelization. The Institute for Justice has documented these efforts in a study titled “Designing Cartels.”

Florida is ground zero right now in this epic battle.

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Dale Smith has been cutting hair for over 50 years.  The Oregon barber is well-known in his hometown for walk-in appointments and $8 cuts — at least, until he got shut down by bureaucrats from Oregon’s Board of Cosmetology.

Dale’s crime?  He forgot to renew the barber license he earned 54 years ago.

The bureaucrats are saying that in order for Dale to return to work, he has to pass a 75-question examination, similar to the one he passed in 1957.  Further, he has to demonstrate to their satisfaction that he still knows how to cut hair:

Dale had to post a sign in his window saying that he was closed until further notice.  He doesn’t want to cut through all the red tape and isn’t sure what he’ll do next.

As Institute for Justice Senior Attorney Clark Neily explains in the video above:

Americans have a constitutional right to earn a living in the occupation of their choice, free from unreasonable government interference.  What happened to this man is the very definition of unreasonable.  A properly engaged judiciary is one that takes rights seriously, including the right to earn a living.  And it says to government officials, you have to treat people reasonably.  You have to respect their constitutional right to earn a living.

Of course, Dale is not alone.  In November, IJ economic liberty expert Paul Sherman spoke about armed government agents raiding barbershops and handcuffing barbers in front of their clients.  Big Government readers know that occupational licensing abuse is rampant in America.

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The Institute for Justice has been vindicating the rights of entrepreneurs for the last twenty years.

Across the country, IJ has teamed up with casket makers, florists, hairbraiders, horse teeth-floaters, interior designers, sign-hangers, taxi-drivers, trash haulers, vintners and numerous other Americans to secure their basic right to earn an honest living.

This week, we are proud to announce a new, nationwide effort in our fight for economic liberty:  Our National Street Vending Initiative.

From coast to coast, we will team up with mobile food vending entrepreneurs whenever their rights come under attack, filing lawsuits and engaging in grassroots activism and media efforts.

In conjunction with the launch of this initiative, we have filed a major federal lawsuit against the city of El Paso Texas:

For thousands of years, vending has been a way for entrepreneurs to provide for themselves and their families.  In the United States, this ancient trade is more popular than ever.  By 2007, over 760,000 vending businesses were operating in the country.  And consumers love them, so they continue to grow.

The Economist magazine predicted that in 2011 food vendors would create “[t]he biggest shift in America’s culinary landscape” and that “some of the best food Americans eat may come from a food truck.”

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What do you get when you mix bureaucrats with a bunch of adorable puppies?

In Kim Houghton’s case, you get a major First Amendment lawsuit.

Kim Houghton decided after a successful, 20-year career in advertising that she wanted more.  She wanted to realize her American Dream and become an entrepreneur in a business focused on dogs.

She had the gumption to quit her job and make her dream come true:  Wag More Dogs is a high-end canine daycare located next to a popular dog park in Arlington, Virginia.  Kim commissioned an outdoor mural on her wall that has cartoon dogs, bones and paw prints as a way to give something back to the park she’d frequented for years, and build up some good will for her new business.

The mural was a big hit.  After all, who doesn’t like puppies?   Things were smooth for a few months.

And then Arlington bureaucrats got involved.

Officials blocked Kim’s building permit and told her that she could not open unless she painted over the mural or covered it with a blue tarp.

Her crime?

Painting a piece of art that—in the eyes of government officials—had too strong a “relationship” to her business.

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On Tuesday the Institute for Justice went to federal court to find out.

Two years ago IJ teamed up with three Philadelphia tour guides to file a major First Amendment lawsuit seeking to vindicate the freedom to speak in Philadelphia.

Ann Boulais, Mike Tait and Josh Silver sued because officials passed a law making it illegal for anyone like them to give a tour of much of the city’s downtown area without first passing a test and obtaining a government license—that is, getting the government’s permission to speak.

The case immediately sparked nationwide interest.  Robert McNamara, the First Amendment expert who filed the case, appeared on shows like All Things Considered and Marketplace to point out that the Constitution protects our right to communicate for a living, whether we are speaking out as bloggers, journalists, stand-up comedians or tour guides.

The Wall Street Journal ran a front-page feature:

Feeling tyrannized, Ms. [Ann] Boulais and two fellow guides summoned the constitution’s protections by suing the city in Philadelphia Federal court. The history test, they claimed, breached the Bill of Rights — a set of rules, as any good guide should know, that took effect while Congress sat here at 6th and Chestnut streets, on Dec. 15, 1791.

Of course, the guides are quick to point out that officials are violating fundamental American liberties in the very place those liberties were first enshrined in our Constitution.

In 2009, a year after the suit was filed, the city asked a federal judge to dismiss the case.  Their reason?  They had not allocated money in their 2009 budget to enforce the law right away.

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Carl Mitz is a third-generation horseman.  The Texan is widely known as one of the nation’s best horse dentists.  He’s treated the teeth of over 100,000 horses and has clients in over 30 states.

But Texas bureaucrats tried for years to shut him down.

In a classic case of economic protectionism, Carl and all other Texas equine dentists were told they had to spend up to $100,000 and four years at veterinary school, where they would learn next to nothing about caring for horses’ teeth, or else abandon their occupation.  To top it off, they were threatened with massive fines and even jail.

Instead of giving up his American Dream, Carl teamed up with other Texas horsemen and the Institute for Justice to fight for their right to earn an honest living.

And this week, they won.

On Tuesday, a Texas judge struck down the effort by the Texas Board of Veterinary Medical Examiners to put equine dentists like Carl—known as floaters—out of business and leave the state’s approximately one million horses without proper dental care.

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Let’s say you have a knack for cutting hair.  If you live in Florida, guess how many hours of government-mandated instruction you’d be forced to sit through before you can become a barber?

1,200.

That’s right, well over a thousand hours.  Plus, you’d have to pay thousands of dollars to cover the cost of your classes and pass a written exam.  Only then will the government give you a license—that is, permission to cut hair.

Now what happens if you’re already a successful barber but didn’t have a chance to stop working and jump through all the hoops needed to get that license?

Armed government agents could raid your business and handcuff you in front of your clients. Indeed, this is already happening.  Institute for Justice economic-liberty expert Paul Sherman explains:

According to the Orlando Sentinel:

As many as 14 armed Orange County deputies, including narcotics agents, stormed Strictly Skillz barbershop during business hours on a Saturday in August, handcuffing barbers in front of customers during a busy back-to-school weekend.

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In Washington, DC, talking about the Bill of Rights can land you in jail for 90 days.

Our nation’s capital has a licensing scheme in place that makes it illegal for anyone to “guide or escort” anyone else for hire without first getting the government’s permission. To get the license, which the Washington Post editorial board labeled a Tour de farce, eager entrepreneurs must first pay hundreds of dollars in fees, fill out a bunch of forms and pass an arbitrary test.

That is, they need to jump through all sorts of needless hoops before they’re allowed to speak.

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The bottom line is that the Constitution protects your right to communicate for a living, whether you are a journalist, a stand-up comedian, a musician, or a tour guide.  The government cannot be in the business of deciding who may speak and who may not.

That is why two Washington, DC, tour guides—Tonia Edwards and Bill Main, who run a company called Segs in the City—joined forces with the Institute for Justice to file a major federal lawsuit challenging DC’s tour-guide licensing scheme as a violation of their fundamental constitutional rights. Video and photos of the press conference are online.

Nearly every day, Tonia and Bill teach a group of people how to ride Segways and then take them around Washington, DC, on a tour of the city.  Their business is located near the National Archives, so one of the things they tell their customers is where the Bill of Rights is located.  For this, the city government could throw them in prison for three months.

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Abbot Justin Brown and his fellow monks are being threatened with crippling fines and even jail time.  Their crime?  Selling caskets.

Today, they are fighting back in a big way.

In 1889, a group of monks from Indiana fulfilled their dream of establishing a monastery in the Gulf South.  The monastic lifestyle they embody is simple and contemplative.  Their creation, the Saint Joseph Abbey, has had a powerful and positive impact in Louisiana.

For several centuries, monks have supported themselves financially by excelling at common trades such as farming and brewing beer.  The monks at Saint Joseph Abbey have been able to preserve and maintain their quiet lifestyle through farming and harvesting timber.

The monks make simple wooden caskets in which to bury themselves. In the early 1990s, Bishops began requesting the caskets, which led to inquiries from other interested people.  The demand continued to build:   People were eager to share in the monks’ view of the simplicity and unity of life and death through burial in a simple monastic casket.

As Abbot Justin Brown puts it:

The monks of Saint Joseph Abbey have been making caskets for over a hundred years.  People who ask for them want to share in that noble simplicity that our coffins express. We’re not a wealthy monastery and we need the income that Saint Joseph Woodworks could generate for the health care and the education of our own monks.

On November 1, 2007, the monks opened their Saint Joseph Woodworks.  But before they could sell even one casket, they were threatened with crippling fines, jail time and even a lawsuit.

Why?

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Julie Murphy is only seven years old, but she embodies the classic American zeal for entrepreneurship.

She learned about lemonade stands after seeing one in a cartoon.  She got excited and wanted to open one of her own.  And so Julie’s mother worked with her to get everything together and set up shop at a fair in Northeast Portland, Oregon.

20 minutes after opening, a government official approached and asked for their $120 occupational license.  Of course, they had no license.

And so 7-year-old Julie, the budding entrepreneur, was told to shut down her lemonade stand or face $500 in fines.

Julie and her mother were encouraged by others to keep the stand open and ask for donations instead.  Business picked up, and the regulators returned.  This time they made Julie cry.  They also got their wish:  Julie’s mom shut down the lemonade stand.

Unfortunately, this is not an isolated case of licensing gone wild.  Rather it is a classic example of a national problem that affects countless people in America every day.  Institute for Justice President Chip Mellor wrote this week in the Washington Times:

Mired in a nationwide jobless recovery, state and local governments have the power to create jobs and transform communities if they do one simple thing: Get out of the way of aspiring entrepreneurs.

Unfortunately for small businesses, however, laws restricting economic liberty are becoming more commonplace in America. Consider that since the 1950s, the percentage of occupations in the United States that require people to obtain permission from the government in the form of a license before they can pursue their chosen occupation has grown from a mere 5 percent to more than 30 percent.

Consider a few recent IJ cases:

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Today the Institute for Justice filed opening briefs in our fourth case to appear before the U.S. Supreme Court.

IJ’s first trip to the high court came in 2002 and resulted in a landmark victory for school choice.  We also won our second U.S. Supreme Court case, defending the American ideals of economic liberty and unfettered interstate commerce by striking down a ban on the direct shipment of wine.

Our third case changed America forever.  A local government in Connecticut decided to bulldoze an entire neighborhood and hand the land over to a politically connected private developer.  The law was stacked against the property owners in favor of the powerful special interests.  IJ, defending the property owners, lost in a controversial 5-4 ruling.

This was the infamous Kelo case, and it resulted in an explosion of outrage and grassroots activism all across the country.  Ed Morrissey recently wrote at Hot Air that it arguably set “the stage for the all-out eruption of Tea Party activism a few years later.” This epic battle to protect private property rights, ultimately vindicated by grassroots activists just like you, is one that will never be forgotten:

And now, as children nationwide get ready to begin a new school year, the Institute for Justice is defending Arizona’s innovative scholarship tax-credit program before the highest court in the land.

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If government is serious about job creation, it should get out of the way of the entrepreneurs who actually create them.

That is the message of a new campaign launched this week by the Institute for Justice—the nation’s leading legal advocate for economic liberty. A series of studies called The Power of One Entrepreneur highlight the tremendous impact that a single entrepreneur can have on their family, employees, community, other entrepreneurs and beyond.

Consider Melony Armstrong of Tupelo, Mississippi.

Melony is an African hairbraider and a mother of four.  She is the owner of Naturally Speaking, a hairbraiding salon that serves her community and has employed dozens of women.  In addition, Melony has taught more than 125 individuals how to braid.

But before she could even open her doors, she had to battle through mountains of red tape. The state forced her to spend 300 hours in cosmetology classes.  And to teach others how to braid, she had to obtain a special license that required over 3,000 hours of additional classes.  Here’s the kicker:  In all of this government-mandating training, she received no actual instruction in hairbraiding.

In August 2004, Melony teamed up with the Institute for Justice to challenge these needless barriers that had the effect of keeping grassroots entrepreneurs just like her from being able to open their own businesses. Less than a year later, her case resulted in a new law that lifted the restrictions, paving the way for hairbraiding entrepreneurship throughout the state.

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