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TAALIB-DIN ABDUL UQDAH v. DISTRICT OF COLUMBIA

February 21, 1992

TAALIB-DIN ABDUL UQDAH, PAMELA FERRELL, and CORNROWS AND COMPANY, Plaintiffs,
v.
DISTRICT OF COLUMBIA et. al, Defendants.



The opinion of the court was delivered by: STANLEY SPORKIN

(Stanley Sporkin)

 MEMORANDUM OPINION AND ORDER

 This action is a constitutional challenge to the District of Columbia's current cosmetology regulations. Plaintiffs own and operate Cornrows and Company ("Cornrows"), an African hair styling salon and school established in 1980 and located in the District of Columbia. Defendants are the District of Columbia and the six members of the D.C. Board of Cosmetology.

 The case comes before the Court on the Defendant, District of Columbia's, Motion to Dismiss or, in the Alternative, for Summary Judgment. See Fed. R. Civ. P. 12(b)(6), 56(c). Because there are no genuine issues of material fact and Defendants are entitled to judgment as a matter of law, summary judgment will be granted and this case will be dismissed with prejudice.

 BACKGROUND

 Summary judgment may be granted to the moving party if

 "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to summary judgment as a matter of law." Fed. R. Civ. P. 56 (c). Under Celotex Corporation v. Garret, 477 U.S. 317, 106 S. Ct. 2548, 2553, 91 L. Ed. 2d 265 (1986), summary judgment is appropriate "against a party who fails to make a showing sufficient to establish an element essential to that party's case and on which that party will bear the burden of proof at trial." In deciding a motion for summary judgment a district court must view the available evidence in a light most favorable to the non-moving party. Adickes v. Kress & Co., 398 U.S. 144, 157, 26 L. Ed. 2d 142, 90 S. Ct. 1598 (1970). Therefore, for the purposes of this motion, the court accepts the following facts as not in dispute.

 The District of Columbia Code ("Code") empowers the D.C. Council to make, and creates the Board of Cosmetology ("Board") to enforce, such rules and regulations as it deems necessary to regulate the teaching and practice of cosmetology in the District of Columbia. See D.C. Code 2-901 et seq. (1981). In the relevant portion of the Code, "cosmetology" is defined as follows:

 "'cosmetology' shall be defined and shall include, but otherwise shall not be limited thereby, the following or any one or a combination of practices, to wit: Arranging, dressing, styling, curling, waving, cleansing, cutting, removing, singeing, bleaching, coloring, or similar work upon the hair of any person by any means, and with hands or mechanical or electrical apparatus or appliances or by the use of cosmetic preparations, antiseptics, tonics, lotions, or creams, massaging, cleansing, stimulating, exercising, beautifying, or similar work, the scalp, face neck arms, bust or upper part of the body, or manicuring the nails of any person."

 D.C. Code § 2-901(1). The D.C. Code provides that "it shall be unlawful for any person to practice cosmetology for pay in any place other than a registered beauty shop." D.C. Code § 2-912. Beauty shops are defined as "any building or portion of a building within the District of Columbia in which any person . . . is engaged in the practice of cosmetology." 17 DCMR § 3899.1. In order to comply, a beauty shop must meet certain requirements.

 To become a person licensed to practice cosmetology one must register with the Board and pass an examination. D.C. Code § 2-907. Before taking the examination and receiving a certificate of registration certain requirements must be met. An applicant must be 16 years of age and must have completed a 1,500 hour training course at a registered school of cosmetology or served as an apprentice with a registered teacher of cosmetology.

 To be registered to teach cosmetology, a school must hire a doctor as a consultant, must employ registered and qualified instructors, and must offer the required 1,500 hour training course over an 8-month period. See D.C. Code § 2-@10. This training course must be:

 "a complete course comprising all or the majority of the practices of cosmetology as provided in this chapter; and to include practical demonstrations and theoretical studies in sanitation, sterilization, and the use of antiseptics, cosmetics, and electrical appliances consistent with the practical and ...


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