Vong v. Sansom

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Case Background:

Gilbert nail salon owner Cindy Vong opened a second business called Spa Fish Therapy. This unique spa used Garra Rufa fish imported from China to nibble the dead skin off of customers' feet. The therapy is very popular in many Asian countries, as well as in other states. After an inspection of the spa, the Arizona Board of Cosmetology decided the fish were performing pedicures, and thus subject to the Board's regulatory control. The Board ordered Ms. Vong to remove the fish from her salon and to cease giving fish pedicures in Arizona. The Board's decision cost Vong her substantial investment and three employees their jobs.

The Goldwater Institute believes the Board has exceeded its jurisdiction and violated Vong's freedom of enterprise under the state and federal constitutions.

The Stakes:

• Entrepreneurial freedom for Arizonans
• Ensuring government agencies do not exceed the powers granted to them in the state Constitution

Case Documents:

Complaint

Letters Between Cindy Vong and Cosmetology Board

Case Timeline:

November 30, 2009: The Goldwater Institute files a lawsuit against the Arizona Board of Cosmetology in Maricopa County Superior Court

March 22, 2010: Hearing before Judge Hicks on Defendant's Motion to Dismiss. 2 p.m. at the East Court Building, 201 W. Jefferson, Phoenix, Courtroom #811.

Media Coverage:

• Goldwater represents salon owner
  KPNX Channel 12, December 4th, 2009

News Releases:

Goldwater Institute Sues Cosmetology Board Over Closure of "Spa Fish" Business

How can I help?

• The stakes are high, help build positive press. Write letters to the editor for your local newspaper and let them know how you feel.
• The Goldwater Institute's Scharf-Norton Constitutional Litigation Center is able to defend your constitutional freedom because of the generous donations of private individuals.  R. Evan Scharf and John R. Norton III have arranged for a $1 million challenge grant to establish and fund the Goldwater Institute Scharf-Norton Center for Constitutional Litigation. To donate to the litigation center or become a member of the Goldwater Institute, please call (602) 462-5000.

Learn more about the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation.