I love the idea of deregulating small businesses so they don’t have to meet all the crazy licensing and zoning laws and all that. The problem is, those laws are generally there because very powerful vested interests have captured government and those regulations were put into place to protect their high wages and restrict entry into the field.
Here’s a perfect example of the kind of small business you’re talking about: Hair Braiding. There are immigrants from Africa who have been braiding hair their entire lives, and are authentic experts at it. There is big demand for their services.
Some of them have tried to sell their services as a micro-business, braiding hair out of their homes or going to a client’s home to braid their hair. You’d think if there’s one business that shouldn’t need a lot of regulation, it’s braiding someone’s hair. It’s undoable, no scissors are involved, no real dangers. There are no hidden defects, and customers will instantly know if the braids are uncomfortable or unattractive.
So you’d think these hair braiders should be able to just hang out a shingle and start braiding, right? Or maybe file for a business license so the state can make sure they pay their taxes and track their activity. We could go that far. But essentially it should be simple as pie.
Unfortunately, that’s not the case. The Beauty Salon racket has most states snarled up in all kinds of regulations to protect the salons from small individual operators undercutting them. So in many states, these hair braiders are being fined and shut down down until they meet the requirements for being a licensed cosmetologist or hair stylist. Oh, but those can’t be that odious, right? Wrong.
Some states require that a hair braider complete a 1,500 hour program in cosmetology (a program which, by the way, doesn’t teach that style of braiding at all). Most states will not allow braiders to work in the home, and in those that do, zoning laws may prevent home businesses that take walk-in traffic anyway.
Then you may be required to work in an actual beauty salon as an apprentice before you can work on your own - and the salons will use that as an opportunity to pay dirt cheap rates for talented people.
To be a cosmetologist in Ontario, you have to take 1,500 hours of training from an accredited school, plus you have to complete two years of apprenticeship in a licensed beauty salon, then you have to pass rigorous provincial exams. Plus you have to join the relative associations that control the licensing and pay their fees.
Many states also require a high school diploma, which instantly freezes out a lot of poor people and immigrants who don’t have that type of education.
All this so that you can be ‘allowed’ to cut someone’s hair or file their nails. It’s absolutely ridiculous. But it does protect the salon owners.
If you want to open your own salon you’ll have to meet all the various regulations that have been set up to make that as hard as possible to do. Then you’ll need inspections that you’ll have to pay for. In some cases the certification will be done with the help of a state salon organization - which has a vested interest in erecting as many barriers as possible to protect their current members from competition.
As for other industries - good luck making any kind of product in your micro-business that’s typically made by union labor - they’ve got their industries completely protected through the creation of barriers to entry that you simply can’t get past unless you’re in the union.
How about taxi driver? You’d think that so long as you can pass the test for a class-1 license and have a vehicle that is certified to be safe, you should be able to hang out a sign and drive people around for money, right? Nope. Almost every city colludes with the taxi companies to limit the number of cab licenses that can be awarded. Because of the shortage of cab licenses, the current ones become extremely valuable, and now the cities won’t open that market up because it would kill the price of the cab license, which can be bought and sold.
There is such a shortage of taxis in New York that in 2006 a taxi driver who was retiring sold his medallion (the right to operate a cab in NY) for $600,000! That price tells you that there is a huge shortage of cabs in New York - a shortage artificially maintained by the city in collusion with current cab owners.
You can’t even offer your services as a day laborer if a project contains any government contract money at any stage - because the Davis-Bacon act prevents companies from hiring workers who are paid below prevailing union wages (which has the effect of basically closing off all govenrment contracting to union workers only).
So forget about trying to make a special regulatory category for the lowest-income people. If you really want to create jobs, just start getting rid of these regulations. Period.