Unfair legislation

[amatthew]

I live in Austin, Texas and this year the State passed more laws on Massage Occupational Code 141. The Code put restrictions on Massage Therapy Establishments. You must go through background checks, can not employ any one under 18 years old, we are required to maintain special documentation, as well as other rules. I don't really have a problem with this except for the way the law is being changed in Administrative Rule 455. If I were doing Asian Massage or Bodywork there is no licensure or regulation, if I were a SPA owner and add Massage I don't have to meet any of the requirments, none of then, I could employ any individual I want, shoot I don't even have to have any training.

The law is now forcing me not of business, I have owned my office for 10 years and the Spa's and Asian Massage offices have been trying to but me out of business for about 4. I have a stronge reputation for fair ethical massage at a more then fair cost.

The law has become so prejidice againt the Sole practitioner or small business that I want to look at the possibility of a action against the state. I understand the need of Laws to protect the community. But the laws that past are not applied equally across the business.

Is there any thing I can do.

 

[BelizeBreeze]

Yes, follow the law or run for the state legislature.

 

[Barwick11]

I'm no lawyer, but I'm pretty sure there's got to be something you can do.

For instance, laws are commonly overturned for vagueness (for example, an unnecessary noise law might be overturned or deemed unenforcable because it says "no noise other than that necessary for normal operation of a motor vehicle may be made", that means if I tap on my window to get someone's attention, then I'm technically breaking the law). Another example is the Michigan motorcycle helmet law, which is both extremely unpopular and completely unenforcable, and I believe in process of being overturned. Technically, a headband may be deemed a helmet under the law, AND a full scale, high quality motorcycle helmet may be deemed illegal under the law, depending on how pissed off the cop is that day.

You've probably got a case for discrimination or unfair application of the law.

If it's going to force you out of business, I would say do two things:
1) Be proactive and start a case against the law. You might be able to get an order preventing enforcement against you until the case is decided.
2) If that doesn't happen, and if you can't afford to abide by it, then don't abide by it and try to stay under their radar