Barber pole rule is unjust

Thanks to the media, the public has been alerted that professional and occupational boards under the Montana Department of Labor and Industry can be unreasonable and inflexible.

The Board of Barbers and Cosmetologists adopted an administrative rule in 2004 that made the use of a barber pole or any likeness thereof by anyone other than a licensed barber unprofessional conduct and punishable by suspension of license and/or fines.

No consideration was give to Melissa Franklin, owner of the Clip Joint in Whitefish, who used the barber pole for nine years before the rule was adopted, nor was she given an opportunity to challenge the barber test without attending a barber college.

Boards are granted authority to adopt rules for unprofessional conduct under Montana law (37-1-318 MCA) for behaviors that constitute a threat to public health, safety or welfare and are inappropriate to the practice of the profession or occupation.

Freedom is the main issue at stake at the Clip Joint. The barber pole is a traditional symbol for a place to get a hair cut. Barbers and cosmetologists are both trained to cut hair. Barbering is broadly defined in state law. Public health, safety or welfare is not compromised.

The rule goes beyond the purpose as stated in law. This rule is an undue restriction on the freedom of Melissa Franklin to continue to advertise her business in a traditional manner.

I will likely carry a bill to correct this injustice.

Some people may say, it is much to do about nothing, but George Washington reminded us long ago that "government is like a fire — a dangerous servant and a fearful master, that to be useful, it must be strictly controlled for safety against getting out of hand and doing great harm."

Sen. Verdell Jackson, R-Kalispell, represents District 5.