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Original source: http://www.citizen.com/May2005/05.10.05/news/concord_051005a.asp
Free-stater gets arrested
By COLIN MANNING
N.H. Statehouse Writer
CONCORD — It just may be the most expensive manicure this side of Rodeo Drive.
Newmarket’s Mike Fisher was arrested outside the office of the state Board of Barbering, Cosmetology and Esthetics on Monday after he gave a manicure without license. A member of the Free State Project, Fisher, 23, knew his arrest was imminent even before he pulled out his emery board but persisted in order to take a stand against government
regulations.
"This is not for me, this is for others," Fisher said, surrounded by about 20 fellow free-staters. "They have licensing for everything and I think it’s out of control. This all about bringing debate."
Concord police arrested Fisher shortly before 1 p.m. and charged him with giving a manicure without a license, which is a misdemeanor carrying with it a penalty of a fine up to $1,000. It is illegal to perform a manicure — and various other procedures — without a license according to state law (RSA 313-A:9).
According to Concord police, Fisher refused the bail process in favor of facing a judge. He was held in jail overnight and is expected to appear in Concord District Court this morning.
Fisher has been in contact with the Board of Barbering, Cosmetology and Esthetics for the past few weeks, protesting the licensing process. When Fisher accepted $1 from fellow free-stater Kat Dillon of Keene and began buffing her nails, inspectors from the board informed Fisher he was in violation of the law.
When he ceased, Concord police were called. Police arrived and witnessed Fisher "actively engaged" in giving Dillon a manicure.
"We were prepared to issue him summons as we all knew what this was about. When he said he wouldn’t stop, that’s when we placed him custody," said Concord police Sgt. Roger Baker.
Before his arrest, Fisher, a recent transplant from Burlington, Vt., said licensing requirements by the state hurt those looking to start up businesses and reduce competition while driving up prices for consumers.
"It’s parental laws like these that protect us from small evils at the high cost of our rights," Fisher said.
The Free State Project was welcomed to the state by then-Gov. Craig Benson two years ago. The goal of the project, according to the free state Web site (www.freestateproject.org) is to get 20,000 people to locate to New Hampshire "where they may work within the political system to reduce the size and scope of government."
Ironically, Fisher fixes computers and has no interest in starting a business providing manicures or even of becoming a manicurist for an existing business.
"I chose manicures because it is just about the most harmless thing you can do that requires a professional license," he said. "I have nothing against education, but I am against the idea that you need government permission to make a living."
According to officials at the state board that regulates manicurists across the state, it is not such an innocent act. In fact, they maintain that laws and regulations for barbers, cosmetologists and manicurists exist to protect public health.
"Licensing exists to protect the consumer, not restrict businesses aid Lynda Elliott, administrator for the state Board of Barbering, Cosmetology and Esthetics. "We want to protect the public from the spread of communicable diseases. There are many types of fungus that can be contracted, and in fact the hands and fingernails are the dirtiest part
of your body."
Elliott added anyone can get a license as long as they complete 300 hours at an accredited training school. She said the price of attending school can vary and could not give an estimate of the cost. However, she said the state does allow for an apprenticeship program, where a person can obtain a license after working 600 hours in a shop while
receiving a wage.
The cost of a manicure license is $25, which is good for two years. It costs $35 to renew an existing license.
During his act of public disobedience, Fisher said he did sanitize his hands, as well as the hands he was working on. He also visibly discarded some of the instruments which came in contact with his customer as he buffed and polished the fingernails. Fisher did not trim any nails or cuticles, admitting he was not skilled enough to do so.
Even with the threat of arrest looming, Fisher said he would not be deterred.
"Government is all handcuffs and guns. It is not a voluntary association by any means," he said.
Dave Mincin of Dover, a fellow free-stater attending the event, said the state already has too many layers of bureaucracy and licensing is just another unnecessary hurdle.
"There are so many licenses that just have no purpose," said Mincin, a transplant from Pittsburgh, Pa. "We need to start somewhere and today was about bringing this to the public’s attention. A lot of people can’t be in the business because they don’t have the money to become licensed."
So, was it a good manicure?
"Oh yeah," said Dillon, who moved to Keene from Texas as part of the Free State Project. "Well, considering it’s the only one I’ve ever had. I just wish he had time to do the other hand.
N.H. Statehouse Writer Colin Manning can be reached at 226-3633 or statehouse@fosters.com |
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