At the Mississippi Justice Institute, one of our foundational causes is litigating to free workers from excessive licensing laws that make it exceedingly difficult for ordinary people to use their talents and earn an honest living.
We’re focused on this issue because we believe that there is inherent dignity in work; that opportunity is vital to a vibrant society; and that pursuing one’s calling is at the very heart of the American Dream.
Occupational licenses were originally intended for professions in which a mistake could pose serious health and safety risks to the public, like EMTs or school bus drivers. But they have also crept into many professions that pose no risk to the public, like florists and interior decorators.
In the 1950s, only one out of twenty people required a government permission slip to do their job. Today, that number has skyrocketed to nearly one in three. And most of those licenses are for working class jobs.
What has led to this explosion in occupational licensing? Counterintuitively, practitioners of various occupations lobby the government to impose regulations on them. In exchange, they gain a sense of legitimacy, monopoly use of a title, and expensive and time-consuming barriers to entry into their professions which keep many would-be competitors at bay.
The posterchild for licensing creep is the beauty industry. Because of the need for sanitation in any profession which involves touching customers, and because the work sometimes entails the use of sharp implements, chemicals, or heated appliances, practitioners of the profession claim that their work is dangerous and needs to be licensed and regulated. But the potential dangers are often wildly exaggerated by industry insiders and used to justify licensing burdens that are vastly disproportionate to the actual risks involved.
The excessive and costly training that results from this scaremongering can make it virtually impossible for workers of modest means and young people to break into the beauty industry. A new report by the Institute for Justice shows that the average beauty school program costs $16,000 and takes about a year to complete.
Beauty school students borrow an average of $7,100 in federal student loans, which is $600 higher than the average student. After all of that, beauty school graduates can expect to earn just $26,000 a year on average, less than restaurant cooks, janitors or concierges – none of whom are required by law to attend costly schools before working.
This type of excessive licensing has implications far beyond the beauty industry. Recent research indicates that excessive licensing laws cost our country an estimated 2.85 million jobs per year and over $200 billion annually in increased consumer costs.
Perhaps that is why reforming occupational licensing laws has become one of the few remaining bipartisan issues. In 2015, the Obama administration issued a report encouraging states to roll back unnecessary occupational licenses. In late 2020, former President Trump followed suit, issuing an executive order that similarly encouraged states to enact licensing reforms and outlined several principles for reform. And on July 9, 2021, President Biden joined the club, issuing a new executive order encouraging the Federal Trade Commission to ban unnecessary licensing restrictions.
When President Obama, President Trump, and President Biden all agree that licensing creep is strangling the American Dream, it’s a pretty safe bet that they’re right. Mississippi is making progress in this area, but we need to continue working to eliminate anticompetitive licensing laws and let Mississippians shape their own destinies.
The whole point of the American Dream and our free-market system in America is that people from all walks of life have the opportunity to dictate the direction of their own lives.
The entrepreneur is perhaps the most quintessential example of this sentiment. If someone has an innovative and marketable idea that helps people live better lives, America is supposed to be structured so that he can build off that idea.
However, despite this concept of entrepreneurship being inseparable from the American ethos, small businesses are continually struggling to enter the marketplace in an environment that favors big businesses that can weather the regulations and red tape much easier. This creates what some have called an economic "kill zone" for small businesses as they attempt to grow.
Some may suggest that this is a justification for the further institution of government regulation to ensure a "free" and competitive system. However, the solution may rather be the opposite: eliminating and reforming regulations that have hindered startups and small businesses from gaining the capital required to succeed.
Even before the Covid-19 pandemic, small businesses and startups have struggled with gaining enough capital to find a footing with their respective business plans. Although the pandemic has widespread effects that have been felt by businesses of all sizes, for many larger corporations it has been merely a speed bump.
However, the pandemic exasperated the problems that small businesses already face. In the wake of government-imposed lockdowns and their collateral effects, unforeseen obstacles have left many of them crippled. This is especially true regarding the issue of raising capital.
As an issue compounded by the pandemic, the inability to obtain sufficient credit from banks was already one of the biggest problems small businesses face. Since the financial crisis in the late 2000s, government policy has imposed regulations that seek to protect the economy from poor financial investments.
However, as time progresses, large corporations benefit from low-interest loans, while small businesses and startups are left dependent on government assistance programs.
Regulations may seem like the answer, but they often have the effect of bringing about unintended consequences. Just last year, the NFIB Research Center conducted a study asking small businesses what the 75 most important issues that they faced were.
The first three issues were health insurance, finding and retaining good employees, and taxes, respectively. The fourth biggest issue was unreasonable government regulations that leave them effectively crippled in needless expenses and red tape. While these regulations may appear to be placed to protect our economic system, the reality is that regulations often harm the economy they are supposed to protect.
Some may suggest that the Covid pandemic has helped businesses push the reset button on the government regulation problem by forcing them to move to alternative business platforms such as the internet and by benefiting from government assistance.
However, any sort of solution that is specific to the pandemic can only be temporary at best and leaves entrepreneurs reliant on the government at worst. In order to move ahead on promoting entrepreneurship, public policy should not perceive regulations as the tool to promote freedom.
If the goal is for startups to get the credit and capital they need, policies should permit lenders to take the calculated risk, without the government dictating how it is supposed to operate on every level. If small businesses are to benefit from a free market, then it needs to be free!
Josiah Dalke is a Research Intern with the Mississippi Center for Public Policy. He is a Washington State native seeking a government degree at Patrick Henry College.