I was asked to comment on the following article:
The recession is forcing Americans to get crafty with their careers and think outside the bureaucratic box. But although the U.S. is supposed to be a country for self-starters, strict rules originally created to protect licensed professionals are making it extremely difficult for amateurs to get into business.
Jestina Clayton is the perfect example of an enterprising lady who can’t catch a break thanks to some rather high-and-mighty licensed professionals who want everyone to play by the rules, even though current rules really only benefit those who are already licensed. When Clayton moved to Utah from Sierra Leone at age 22, she started a small African hair-braiding business to pay the bills. But it’s illegal in the state of Utah to work with any form of hair extensions without a valid cosmetology license, which she found out thanks to a super-helpful stranger who emailed her and told her to delete her ad or she would be reported.
To answer the question of who benefits from licensing, I can share my experience of living in a country where the institution of licensing does not exist at all. When the Soviet Union fell apart, everybody needed to learn to make money. In the USSR, everybody got a pittance enabling people to survive in exchange for doing absolutely no work. Obviously, this system wasn’t going to remain intact in a newly capitalist society. Some of my compatriots chose to stay in governmental jobs that paid nothing but offered them the dubious benefit of not having to work. Some people chose not to work at all and spend their lives moaning and whining. Others had to learn to do something that would bring in money.
Teachers turned into hairdressers, engineers became restaurant chefs, the Communist party ideologues transformed themselves into bankers, and so on. Anybody could become anything they wanted, try their hand at any endeavor. The government was not just weak in the FSU countries. It was pathetically feeble. No regulations, no licensing, complete freedom of wild capitalism. We are all educated people here, we have all read Dickens. I hope I don’t need to explain to you who wins under such a system, right? The most unprincipled, ruthless, shameless swindlers who’d cheat a baby out of a pacifier and feel not a twinge of conscience. And do you know who loses? Consumers.
I made decent money as a translator back in Ukraine in 1995-8. However, I found myself in an extremely weird situation where I didn’t know how to spend my money. Restaurants and cafes could easily poison you because nobody prevented the chefs and owners from operating in unhygienic environments. Hair-dressers were extremely likely to destroy your hair once and for all. Dry cleaners would do damage to your best clothes. Banks took your money and closed down. In short, every time you took out your wallet to pay for any goods or services, you got stiffed.
I’m talking about the events of 15-20 years ago. It’s possible that things changed since then, of course. However, even today half of all posts on every FSU blog that I read is dedicated to endless stories of people trying to buy goods and services and getting swindled, poisoned, infected, damaged or robbed. When my mother traveled back to Ukraine a few years ago, she decided to get a pedicure. For the next 3 months, she was trying to cure an infection she got there.
Similar stories happen in North America when people turn to unlicensed service providers out of poverty or inexperience. When I was an undergrad, a friend of mine used the services of an unlicensed amateur braid-maker. After that experience, she didn’t need a braid-maker for a long time to come because she’d lost half of her hair.
This is why all these stories about suffering hair-braiders leave me completely unmoved. I went to school forever to earn the right to practice my craft. I believe that it’s completely fair that I wasn’t allowed to teach my courses and publish my scholarship before getting certified according to high national standards. And I sure as hell hope that some quack who has not gone to the trouble of learning her work will not be allowed to stiff people out of money under false pretenses.
Of course, we could all sacrifice our time and energy and investigate every single person we buy goods or services from. That would be the only alternative to removing the state licensing requirements and the governmental controls on the quality of goods and services. I, however, do not see why I need to waste my life on researching every hairdresser, massage therapist, manicurist, teacher, etc. just in order to let irresponsible people peddle the services they don’t have enough knowledge to provide.
The world is getting more and more complicated every year. We all use a growing variety of products and services. This is why we can’t get bogged down in the frontier mentality of the era where everybody could grow their own food and make their own clothes and rarely ever relied on the paid services of others. One of the signs of mental health is the capacity to process the changes in one’s environment and modify one’s behavior to adapt to them. Let’s remember that before we start bemoaning the passing of times when all those strict licensing laws were not needed. It is as productive as lamenting the end of an era where we could save money by avoiding dentists because most people lost their teeth by the age of 20 anyway.