On Tuesday, Salamata Sylla, an African hair braider in Kent, filed a federal lawsuit in Seattle against the Washington State Department of Licensing (DOL) that challenges a new interpretation of a state law that previously did not require African, or natural, hair braider to have a cosmetology license.
Sylla’s challenge to Washington’s regulation of braiders is one of three filed on the same day as part of a new Institute of Justice National Hair Braiding Initiative.
According to the Institute for Justice, the licensing of hair braiders is part of a national trend of states’ using occupational licensing laws to create artificial barriers to entry for entrepreneurs seeking to take their first step up the economic ladder. These licenses are especially common for occupations that traditionally cater to individuals just beginning a professional career, like hair braiding.
In 2005, the DOL determined that braiders would not be required to obtain a cosmetology license to practice African hair braiding. At that time, the department said that African hair braiding does not constitute the practice of cosmetology because it does not use any of the chemicals, dyes or glues that traditional Western hair stylist use.
According to Bill Maurer, executive director of the Institute for Justice Washington Chapter, many hair braiders like Sylla opened their own braiding businesses after this interpretation by DOL. However, Sylla, who prefers the French spelling of “Africain”, claims that officials from DOL came to her salon — Sally’s Africain Hair Braiding — and ordered her to obtain a license if she wanted to continue braiding, all because she weaves in extensions when she braids hair.
“I asked them why and they said because I was using extensions,” said Sylla at a press conference outside of the Federal Courthouse in Seattle. “He told me that I need to stop, and close my shop and go to school.”
To become a cosmetologist in Washington, Sylla would need to spend 1,600 in cosmetology school, but not one minute learning to braid hair. According to Wesley Hottot, an attorney with the Institute for Justice, the 1600 hours of course work is more than ten times the number of hours required to become an animal control officer, emergency medical technician and a security guard—combined.
African hair braiders reject Western hair styling techniques that use chemicals, dyes and glues. But those are exactly the techniques taught in cosmetology school. In addition, Sylla would need to spend hundreds of hours learning how to give manicures, wax eyebrows and trim beards—services her customers do not want and that she does not want to provide.
“In the state of Washington, that 1600 hours of training can cost as much as $20,000,” says Hottot. “And cosmetology schools do not teach African hair braiding.”
“The Department made a promise to hair braiders that they would not need cosmetology licenses to practice their craft,” continued Hottot. “But despite this promise, department officials continue to show up at braiding salons to insist that braiders put their lives and businesses on hold to obtain costly and irrelevant licenses.”
Sylla came to the United States from Senegal in 1999. She has been braiding hair since she was a little girl. She learned to braid the way many African girls do—by practicing on her family and friends. A single mom, Sylla opened her shop in 2012, where she exclusively practices African hair braiding — 5,000 year-old practice that is deeply rooted in African cultural heritage.
According to Maurer, there is a disconnect between policy-makers and enforcement officials within DOL. Maurer maintains that the policy that allowed braiders to operate without a cosmetology license has not been properly communicated to enforcement officials, and that needs to change.
“There is no enforceable policy [requiring braiders to be licensed cosmetologists] by the department of licensing,” says Maurer. “We are continuing with this lawsuit until we receive an enforceable policy, and we want this policy communicated to investigators in the state.
Industry insiders claim that many braiders feel like they are under attack and are beginning to conduct their business underground – leaving no room for enforcement or regulations.
“The Department’s interpretation of state law perversely limits the lawful practice of African hair braiding to those who are not required to know anything about African hair braiding,” said Hottot. “At the same time it precludes people, like Salamata, who are highly skilled in hair braiding from offering their services to the public.”
“The Department needs to stop playing games with African hair braiders’ livelihoods and just keep its word,” said Sylla.
“We pose zero threat to public health or safety,” she continued. “We just want to earn an honest living.”
