The Right to Earn a Living… “the most precious liberty man possesses.” ~Supreme Court Justice William Douglas
The Center for American Liberty and Dhillon Law Group are representing the Professional Beauty Federation of California, salon owner Rosie Ibarra and other salon owners, in their new lawsuit against California Gov. Gavin Newsom, Attorney General Xavier Becerra, California Public Health Officer Sonia Angel, and 12 members of the State Board of Barbering and Cosmetology, for violating the civil rights, right to due process, and the constitutional right to earn a living.
As California Globe reported, for nearly two months, California officials have threatened criminal prosecution for violations of the Governor’s Order. “Defendants have effectively taken away Plaintiffs’ lawful right to engage in professional state-licensed activities,” the lawsuit says.
“This legal challenge seeks to curtail the Defendants’ overly broad and arbitrary orders and restore Plaintiffs’ rights to conduct their professions with appropriate and specific safeguards against the COVID-19 illness,” the lawsuit says. “Plaintiffs represent licensees who have been devastated by Defendants’ arbitrary and unclear categories (e.g. “essential” versus “non-essential”) that allow some businesses to operate while others are required to close.”
The PBFC represents more than 500,000 licensed professionals throughout the state, all of whom are currently prohibited from making a living under the governor’s current statewide shutdown orders.
Tuesday, Attorney Harmeet Dhillon with the Dhillon Law Group, held a Zoom press conference announcing the lawsuit, filed that morning in the United States District Court, Central District of California.
Why file a lawsuit?
“More than two months have passed since Governor Newsom proclaimed a state of emergency in California, and throughout that time, he and others in his administration have vaguely and arbitrarily classified licensed barbering and cosmetology professionals as “non-essential,” criminalizing the jobs these 500,000 plus state-licensed professionals perform in every community, large and small, throughout California. Last week, Defendants began threatening to revoke Plaintiffs’ licenses, which authorize them to safely serve the public’s personal grooming and beauty needs, and embody their ability to earn a living,” the lawsuit explains succinctly.
“Many of California’s beauty professionals are small business owners that employ 1099 contractors and aren’t eligible for the Paycheck Protection Program.”
“The points behind the scope of the case is to restore liberty, and the rights of these professionals,” Attorney Dhillon said. She addressed the close relationship between female stylists and clients. She said she has even heard from physicians who told her that hair stylists play a vital line role in identifying clients’ medical issues as well, such as spotting skin cancers and melanomas on the head. “It’s not just a vanity roll, but one of mental health and physical health.”
Fred Jones, attorney for the the Professional Beauty Federation of California, said salons, barbers, stylists and nail salons were arbitrarily put into the Stage 3 reopening category by Gov. Newsom. “We all agreed to flatten the contagion curve,” Jones said. “But the governor changed the goal posts in the middle of the game.”
Jones said there are 53,000 licensed salons and barber shops in California desperate to go back to work – in their safe, sanitary and clean salons. “Not to go house to house, kitchen to kitchen.” Jones said these licensed professional stylists and barbers have more than 1,000 hours of training on health and safety protocols, unlike many of the other industries, currently allowed to operate.
Rosie Ibarra, a first generation Cuban immigrant, said she and her husband have owned salons for 22 years. They have three children, which led Rosie to open a sub-suites company while allows stylists to rent out a space from her, while still operating as an independent contractor. “For the governor to extend this indefinite lockdown is a punch in the gut,” Ibarra said. “For me and my style professionals. Everyone in the state is affected by this.”
“We hope everything they’ve worked so hard for doesn’t go down the shampoo bowl drain. I hope the governor hears us,” she added.
While the governor’s statewide shutdown Order allows persons to continue working only if they are deemed “essential workers” in an “essential business,” Dhillon and Jones say the governor arbitrarily chose and excluded businesses.
“The ‘New Normal’ — the governor makes up the rules from his podium,” Dhillon said. “It’s irrational and cruel.”
Dhillon’s lawsuit outlines the civil rights violations:
“The governors’ arbitrary orders will continue to violate Plaintiffs’ fundamental rights, inflicting irreversible financial and personal harm to more than 500,000 licensed beauty professionals in California. They have offered no exceptions, and identified no future date for reinstatement of these lawful professions. In doing so, Defendants overstep the authority entrusted to them by the California Constitution, and violate Plaintiffs’ rights to due process. Plaintiffs hereby request that this Court provide narrow but appropriate relief to ensure the Governor has adequate latitude to address the COVID emergency, while also respecting Plaintiffs’ fundamental rights guaranteed by the constitutions of the United States and the State of California.”
Notably, the day after Dhillon announced she would be filing a lawsuit against the governor and State of CA on behalf of the salon owners and barbers, Gov. Newsom in his daily press conference claimed that the breakout of the coronavirus in California started in a nail salon. He was not challenged at the time since there are no Capitol reporters allowed at his press conferences, but since then, many have questioned his claim. “He seems to be trying to fabricate a narrative to stoke fear in the community,” Dhillon said, noting it is unconstitutional and cruel.
Attorney Jones said the governor’s claim was “slanderous. Almost 90% of our nail salons are Vietnamese owned and operated. What has he done to that community with that comment?” Jones asked. “We think it was utterly irresponsible and slanderous.”
Jones noted that he appealed to the governor’s cabinet-level officials, but got nowhere. “Some governors allow appeals processes – but not this governor,” Dhillon said. “That doesn’t exist in California.”
“The onus is on government when government takes away your rights, they must explain why,” Dhillon said. “They (stylists and barbers) are being put into bankruptcy by this uncertainty.”
“This unilateral reordering of the economy is occurring without any legislative or electoral oversight,” Dhillon said. “It also exceeds the widely-recognized limitations on government authority under the United States Constitution and California law.”
“The governor needs to trust our state licensees,” Jones said. “We’re ready to meet our responsibilities and and return to operations to earn a living.”
“Many can’t pick up their and move business like Elon Musk is threatening to do,” Dhillon said. “It’s about liberty and he Constitution… that’s why I am doing this.”
UPDATE: Attorney Harmeet Dhillon replied to the many requests to join the lawsuit: “Because we represent the industry trade association, the relief we are seeking benefits the entire industry. We are not taking on new clients for this case and salon owners/stylists and barbers do not need to join it to benefit.”
View Comments (97)
It's very sad and unnecessary that this should be happening.
Who would have ever thought we'd see salons and barbers having to scratch and claw just to make a living and that they would be prevented from doing so because of the personality problems of a governor who should be working on their behalf instead of fighting against them.
Very best of luck to Harmeet Dhillon for great success and to all of the essential professionals and small business owners involved in this lawsuit.
I honestly think that there is an underlying desire to beat people down by not allowing them access to self care and grooming. Hate to say this but its becoming more and more obvious.
I agree.. I had a salon with independent contractors
They are not addressing on the main news .that they don’t get unemployment, oh but they worry
About the illegal immigrants.& more so the lazy people who they are supplying there addition .
Because that’s
Who will vote for them with the free hand outs
Making them be dependent. I think this needs to not be a political shit show, and take care of the tax payers.
Fox covers real news telling the
1099 workers are not usually eligible for UI benefits; however, due to the current circumstances, they are eligible. I believe the claimant is required to present required tax filing documentation for qualification to receive benefits.
I really don’t know why anybody would live in a democratic state I mean people these people are so screwed up I hope you’re learning that now with the rest of us have known forever Vote Republican their states are ran well and open
We are professionals working on a one to one basis you can’t tell me that will lead to thousand of people being infected, the first 6 month of school is all about sanitation and client protection we are probably the most sterilized businesses under doctors and dentist it is so sad to see how hard we work day after day wearing mask gloves sanitation after each client sprays disinfection wipes all to keep our salons sterile please let us go back to work
But we are the only state that has made it mandatory to shut down salons and barber shops
This is a worldwide pandemic! There are no set rules or guidelines in place to prepare for something of this magnitude. Newsom doesn’t want to shut down businesses, it’s bad for his voters and Americans. But there is no other way to stop the spread. Too many people are breaking so many rules that they’re ruining it for the rest of us. I’m not working And I don’t take new clients because it’s just too risky, particularly new people who you don’t know and I have no idea about their lifestyle or their home life. Covid is preventing you from everything a living, not Newsom
How do I become part of this law suit?
Suzanne
I’d like to know as well
I want to ask the same question
Me tooo! I’m ready to sue!!!
Check out gofundme.com search “time to sue Newsom” and there is more details and contacts there about the lawsuit.
Priscillaadriano504@gmail.com i like part lawsuits also
She said they are not taking clients because you all are already covered under the association. This was at the very end of the article.
Its not right and I'm relieved to see people are fighting back. The guy that cuts my hair runs a single chair salon. He cannot work and needs to feed his family. Best of luck to the Plaintiffs!
First of all it not just women but many male stylists .Second if it’s California then it is 1600 hours of education for licensing.Third ,do you realize how many people we speak with and how much power we have politically when it’s time to vote.Our clients love us ,respect us and listen to us...
I would like to also. This is craziness
I'm ready to just open and say screw it.. I've got 43 years under my belt which was hard earned and to have someone that doesn't even know me throw me under the bus like I don't matter?? WTH IS HAPPENING TO OUR WORLD??!!
Amen sister!!!!
So true, well said.
So HAPPY TO HEAR THIS!
WE THE PEOPLE OF THE UNITED STATES HAVE OUR RIGHTS!!! ????????????????????????????????????????????????????❣
Quite odd. A small group of whatever who never ran a business or missed a Federal or State holiday off are ruining millions and millions of private industry businesses.
This Governor only kiss the people with money and power (i.e. Elon Musk...). He have no mercy for the minority people and not afraid to step on them. I am very sure that 500,000 cosmetology licensed will remember this and WILL NOT vote for Newsom if he run for Governor or anything anymore. Thank you Mr. Harmeet Dhillon and Professional Beauty Federation of California, salon owner Rosie Ibarra and other salon owners for doing this. We are all behind and fully supporting you. Best of luck, they needed a good lesson.
Now people are seeing how Democrats and leftists behave when they get in positions of authority. Do what they say our we’ll put you in jail, and we’ll let you know when you can earn a living. We conservatives have been saying this for years.
Hope all of you remember this next election. Good luck in your lawsuit.
Everything what the demoliberals touch is ruined. The casinos would be reopen for people the lost job, business is down and the rest of them spent last $100 in casino.
They will play touch bottoms left shit everywhere. And this idiot talk about safety at the salons. How a joke.
He is good and perfect ruin CA. That is sure.
Let’s hope you are correct! How quickly people forget sometimes, this independent contractor Hairstylist will not!
I am also interested in becoming a part of this lawsuit.
I also want to be a part of this as an owner operator of a salon & not able to earn an income for fear of being jailed or fined
Please no body cuts that governor hair ok.
It’s outrageous “vietnamita nail salon accused the breakout of covid-19 LMO
HOPE Dhillon firm wins this Case. Calf hadn’t provided a safety work plan for that beauty industry? He’d better act fast or he may see a 2nd Vietnam war on his own soil! Not necessarily to go that far governor!
First of all it isn’t just women but many male stylists.Second if it’s a California license it is 1600 hours .Third ,Do you know how many people 500,000 hairstylists speak with every day and the power we have politically in regards to voting.We influence our clients who love us ,respect us and listen to us...
How can we be part of it and how can we pitch in.. is there a fund we may contribute
We also learn in Cosmetology school besides the 1600+ hours of disinfection, sanitation and client safety is that if a stylist, staff member or client is sick (cold or flu) we can get fined. So the CA state board has recommended safety first for everyone. If we are dealing with a “silent” form of virus, what excuses us from opening up for services? Besides we all know that state board only has like 12 people making their way to thoroughly check every hair salon in the state. This is really based on the honor system. Some take it seriously while a lot of people don’t. I suppose it’s at your own risk which then dilutes the integrity of our license. To think we should be considered in the same round as surgical doctors, is a far reach. Now, if this is all in the name of getting us on a universal tracking device, well that’s another story!