Patel v. Texas Department of Licensing
Texas Supreme Court
469 S.W.3d 69 (2015)
- Written by Deanna Curl, JD
Facts
Commercial eyebrow threading, the cosmetic practice of removing and shaping eyebrow hair with threads, is regulated as a cosmetic procedure in Texas by the Texas Department of Licensing and Regulation (TDLR) (defendant). Eyebrow threaders are required to obtain, at a minimum, an esthetician license that requires 750 hours of instruction and a passing score on a state-mandated exam. A group of salon owners and eyebrow threaders (the threaders) (plaintiffs) filed a lawsuit against the TDLR, alleging that the cosmetology licensing regulations were unconstitutional as applied to threaders under the due-course clause of the Texas Constitution. The TDLR argued that the regulations were rationally related to the state’s legitimate interest in the public-health concerns posed by improper threading practices but conceded that as many as 320 hours of the required licensure time is not directly relevant to the work of threaders.
Rule of Law
Issue
Holding and Reasoning (Johnson, J.)
Concurrence (Willett, J.)
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