Boice v. Aune

Posted on December 13, 2011 | Type: Case
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With her background in cosmetology and nursing, cancer-survivor Lauren Boice saw a need for cosmetology services for home-bound patients and those in assisted-living facilities. She launched Angels on Earth Home Beauty, which connects the elderly, sick, and terminally ill with licensed cosmetologists who can perform haircuts, manicures, or massages right in the clients’ homes and assisted-living facilities.

But even though Lauren does not provide any cosmetology services herself – she merely dispatches beauty specialists to her clients over the phone – the Board of Cosmetology is compelling Lauren to obey a host of cosmetology regulations, including forcing Lauren to open a physical salon even though she will never use it.

Quick Status >>     

 

Victory! In legally binding settlement agreement, Board of Cosmetology agrees not to regulate Lauren or business owners like her in the future.
 

 

What are the key issues?

The Board of Cosmetology has no jurisdiction to regulate Lauren’s phone business.

The Board’s irrational regulations violate Lauren’s constitutional right to earn an honest living (protected by the constitution’s due process and equal protection clauses) and deprive her clients of services.

Compelling Lauren to open a salon just so she can exchange information with her clients violates her constitutional right to free speech.

Documents

Complaint (12/13/2011)
Amended Complaint (4/30/2012)
Plaintiffs’ Response to Defendants’ Motion to Dismiss (6/11/2012)
Denial of Motion to Dismiss (8/22/2012)

Timeline

December 13, 2011: Goldwater Institute files complaint
April 30, 2012: Goldwater Institute files amended complaint
August 17, 2012: Oral argument at 9:00 a.m. in front of Judge Michael J. Herrod; Maricopa County Superior Court, East Court Building, 101 W. Jefferson Street, Courtroom #411 (4th floor), Phoenix
August 22, 2012: Judge denies the Board of Cosmetology's motion to dismiss
April 24, 2013: In legally binding agreement, Board agrees not to regulate Lauren or business owners like her in the future. Victory!

Press releases

Entrepreneur fights unconstitutional regulations
Board of Cosmetology will cease regulating small businesswoman

Media coverage

December 15, 2011: Garrett Lewis of KNST Radio interviews Lauren Boice and attorney Christina Sandefur 

The Legal Team

Clint Bolick is the Goldwater Institute’s litigation director. He has extensive success before trial judges and appellate courts. He was lead attorney for parents in Zelman v. Simmons-Harris in 2002, in which the U.S. Supreme Court ruled that school vouchers were constitutional, and Kotterman v. Killian in 1997, in which the Arizona Supreme Court upheld private school scholarship tax credits under the Arizona Constitution.

Christina Sandefur  recently won a major victory for Arizona taxpayers when the Arizona court of appeals held that the government cannot spend bond money on unapproved purposes. She worked to advance liberty as a law clerk at the Pacific Legal Foundation in California and a research intern and contributor at the Michigan-based Mackinac Center for Public Policy before joining the Goldwater Institute. Christina earned her law degree from Michigan State University College of Law, where she served as notes editor of the law review and president of the campus Federalist Society.

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