Bill SF 2898 Exempting Simple Hair Styling & Makeup Artistry Passes in Minnesota

UPDATED ON MAY 27TH, 2020

Governer Walz signed bill SF 2898 today, finalizing the two-year battle against the Board of Cosmetology unconstitutionally redefining their rules to deem simple hair styling and makeup artistry illegal. Now, freelance artists and agencies who employ them can continue the businesses they have legally operated for years without interruption or fear of fines, being shut down, or forced into cosmetology school requirements that do not focus on their career paths.

For decades and generations, freelance artists have been providing simple hair styling and makeup artistry in Minnesota (and nearly every other state in the U.S.) without licensure and regulation. In December of 2018, thousands of freelance individuals and agencies like WarPaint International were threatened by the decision of the Minnesota Board of Cosmetology to re-interpret language in the rules governing salons and cosmetologists making what we do illegal overnight. No grace period, no grand-fathered rules, no help. Businesses were being fined and shut down. Some even left the industry.

The interesting part? The Board of Cosmetology is not a law-making entity; legislators are. Yet they unconstitutionally enforced their “rules” as such, affecting people’s lives, careers, families, and retirement.

A lawsuit filed against the Minnesota Board of Cosmetology

In an article published by the Star Tribune in November of 2019, the “rule” change offered by the Board threatened thousands of female entrepreneurs and independent business owners by shutting down their businesses overnight. A pending lawsuit by local artists and Minnesota’s premier School of Makeup Artistry, Faces Etc. MN began to help shape the way for standing up to corrupt overreach by an agency seeking to benefit from the growing industry of bridal artistry.

According to Forbes online, “to enforce its rules, the Board has ordered makeup artists to cease and desist and slapped them with thousands of dollars in fines. Violating the law can even risk criminal penalties.” Forbes also went on to say “Minnesota’s regulations are not just ridiculous, they’re also unconstitutional. (The Board has declined to publicly comment on the case.) Furthermore that “there is no natural and reasonable basis” to license makeup and hair services for brides, but not bridal photoshoots, Minnesota’s wildly unequal treatment infringes on the Equal Protection Clauses of both the U.S. and Minnesota Constitutions.

“The law” is filled with loopholes 

The law, however, is filled with loopholes. The Board doesn’t require a license to offer hair or makeup services for fashion, film, media productions, photoshoots, TV, or the theater. Selling makeup at retail counters like Macy’s, Sephora, Nordstrom, MAC, and the like are all fine and legal. The Board doesn’t recognize sanitation or health concerns there.

And in fact, according to the Board of Cosmetology rules, we can dispatch a Makeup Artist to go on-site to do makeup (and hairstyling) for a model, posed as a bride, in a fake wedding for a photoshoot without any health or sanitation worries or BCE infractions. But the same model can be married the following day in the same dress, at the same venue having her hair and makeup done by the same artist, using the same products and brushes and this would be deemed illegal.

Absolutely. Ridiculous.

The fight for preserving the craft was worth it

Jessica Mae, Co-Founder of WarPaint International alongside her husband Samuel J. Koza joined forces with local artists, industry competitors, salon owners (who believed in the cause), and a local Minneapolis Makeup Artistry School to protect jobs, to stand up for what is right and to preserve the craft of freelance artistry.

History was made today. A fearless group of entrepreneurs stood strong and fought for what was right and won against all odds. I am honored to stand alongside an amazing group of professionals. Let freedom ring! - said Jessica Mae.

Battling against odds

As independent artists and business owners flooded the sidelines in the chambers at the State Capitol, more noise and interest surrounded the controversy concerning freelance artistry. Many artists gave testimony to their career, their families, their safety & sanitation as well as positive reviews for their business and reputation to build credibility around their job that they have already performed for years without interruption.

Other media outlets began to comment on what seemed obvious to most - the corruption and greed associated with fees in the growing bridal industry. The representative for the Minnesota Spa & Salon Association and the BCE repeatedly, under testimony, directed their concerns to safety for the public in sanitation practices. None-the-less could not give educated responses as to why they would have health concerns ONLY for bridal clients and no other segments of on-site or freelance artistry. The local media outlet, City Pages, further explored the issue with local Artists, Cristina Ziemer and Melanie Rivers by entitling their article “Minnesota hairstylists, makeup artists take a stand against stupid, confusing laws”

Disappointment along the way

Adversity and opinion certainly are common in any undertaking but a lesson learned in the beauty industry is that one or two people can cause hate and miseducation amongst a community. One would hope that all artists, cosmetologists, aestheticians, nail techs and other individuals working in the beauty industry would band together as a community of creative artists and individuals that we call the “beauty industry”.

Instead, some licensed individuals went on live social media platforms calling freelance artists “filthy pigs’ and claiming disease and infection, yet the state doesn’t have a record of those infections or complaints. Truth be told, many freelance artists have gone out of their way to invest in training and sanitation on their own in order to build a reputable business and in fact, have begged for a mandated sanitation course that fits into our career path. But the Board, as usual, had no comment.

We’ve learned a lot through the legal process and are very grateful that due process and hard work paid off. This bill passed in the House with a 128 to 4 vote and in the Senate with a 64-3 vote.

A win for all

This is a true victory for not only freelance artists, but licensed professionals as well. Prior to the bill passing, a licensed cosmetologist/aesthetician would have to obtain their standard license as well as a manager’s license and a special event permit. They will no longer have to jump through those hoops in order to provide makeup applications and hair styling for onsite events! This will save them money and precious time.

Truth and justice prevailed

In the end, a very long road of hard work was put into this undertaking. We had truth and justice on our side and God in our hearts. HUGE thank you’s are owed to some very hard-working people and businesses for making change in Minnesota to preserve jobs, career paths, and the future as we await Minnesota Governor Walz’s signature.

Thank you to:

• Megan Stewart Forbes - our lobbyist from the Institute for Justice

• Senator Karin Housely

• Representative Shelly Christensen

• State Representative Kelly Morrison

• Nino Altobelli of Rocco Altobelli Salons

• Debbie Carlson of Faces Etc. of MN (Makeup School for Artistry)

• Mia Pietruszewski, Keely Frisvold, Cristina Ziemer, Melanie Rivers, Amy Marie Reid, Lady Vamp Artistry, Zeil Bridal, Jacqueline Burt, Jamie Arrington.

• And our gracious competitor Primped MN, who has been a support mechanism, agent of change, and an industry friend in the face of adversity.

May the force be with all of you and may the “beauty industry” work as a transparent entity furthering the cause of beauty, artistry, health and sanitation practices, and most importantly, the preservation of our craft.