By Robert Burns (Special to LouisianaVoice)
Forty years ago, actress Tippi Hedren offered a program for 20 Vietnamese women to learn the profession of being manicurists. The result was a complete revolution of the nail salon industry. The industry is now an $8 billion powerhouse which is dominated by Vietnamese operators. According to Nails, a publication devoted to the nail salon industry, 51 percent of nail salon operators nationwide are Vietnamese. Moreover, in Louisiana, despite the fact that Louisiana Cosmetology Board (LCB) Executive Director Steve Young said that the vast majority of nail salon operators are Vietnamese, his only explanation for why the LCB has no Vietnamese representation is that “it just has not reached that point.”
Vietnamese operators routinely undercut the competition’s price by 30-50 percent. They are recognized by Nails to have a stellar reputation for high-quality work, and they often support relatives in Vietnam. Numerous Vietnamese nail salon operators told Louisiana Voice that the LBC has targeted them for harassment and discriminatory inspections designed to drive them out of business. Their claims are detailed in a class action lawsuit filed by former U. S. Congressman Joseph Cao on February 6, 2014.
The suit alleges the LCB, its Executive Director, one of its attorneys, Celia Cangelosi (who is named personally as a defendant), and at least two of its inspectors, Sherrie Stockstill and Margaret Keller (also both named as defendants) have subjected the Vietnamese operators to being “harassed, intimidated, falsely imprisoned, and arbitrarily discriminated against.”
The lawsuit alleges that Thoa Thi Nguyen’s Exotic Nails was visited by LCB inspectors, including Stockstill, on Friday, July 19, 2013, at a time when the salon was “packed with patrons.” After several minutes of loitering and communicating facts of the salon’s operations, Stockstill shouted, “Everyone keep still. Don’t move!” The suit alleges Stockstill and the other inspector, despite producing no identifications or search warrant, began opening drawers, sorting through files, and, for two hours, and demanded that Nguyen not leave the premises. Nguyen contends that LBC’s actions resulted in a loss of confidence among some of her patrons who witnessed the scene and that her business has suffered from the episode.
The lawsuit details several other similar incidents including operators being subjected to repeated “inspections” and forcing some operators to sell their businesses to escape the relentless attacks. Meanwhile, the plaintiffs allege that non-Vietnamese operators are rarely, if ever, subjected to any inspection whatsoever. The lawsuit provides exhibits which show virtually all of the hearings for the LCB entail Vietnamese nail salon operators.
LCB meetings appear to be a vehicle for impeding competition and creating a self-generating source of revenue to provide fees for attorneys who serve under contract and to pay the board’s salaried staff. While the “inspectors” of the LBC earn average salaries of around $27,000, which perhaps explains their fundamental lack of knowledge or training regarding requirements to conduct searches, the LBC payroll approaches a staggering $1 million a year! That doesn’t even include the $200,000 or so per year it generates for its two contract attorneys: Cangelosi and Sherri Morris. Meanwhile, Vietnamese operators, who supply much of the funds through which they are harassed, are forced to literally beg the board for permission to work as evidenced by this applicant’s husband’s plea to the board after they moved from Texas and she sought a Louisiana license through reciprocity. Instead, the LCB proceeded to grill her on questions about her Vietnamese high school diploma and decide if the transcript translator should be “approved.”
Vietnamese citizens often immigrate to California and practice as manicurists before relocating to Louisiana, and one salon operator said he personally knows of 15 manicurists planning to relocate to Louisiana within weeks.
These operators were understandably concerned about the April agenda item on “California reciprocity.” At that meeting, Young sought to suspend California reciprocity based on its licensing authorities informing them they were “removing their seal from their documents.” It was also claimed that it was difficult getting anyone on the phone from California.
Louisiana Voice contacted California licensing authorities, and we had no difficulty getting them on the phone. Moreover, we were told that Young’s statement was false and that they’d experienced a temporary machine failure but that a new color-printed seal was being incorporated into their documents. Accordingly, Louisiana Voice made a public records request for whatever documentation Young referenced in the previous video clip indicating California was removing its seal. What we got was this this email which confirmed what California licensing authorities said to us. It’s not clear whether the LBC is going to accept the new color seal, but what is clear is that Young came across as being determined to suspend California reciprocity and slow the expansion of Vietnamese nail salon operators in Louisiana. Though it’s not clear what an acceptable seal now is, Young and the LBC agreed to back off of reciprocity suspension and merely return as “rejected” any California documents with “no seal.”
Another common complaint among Vietnamese operators is that the LCB itself can’t decide what is legal and what isn’t. Inconsistency appears to rule the day. One operator indicated he was licensed by an LCB official only to be informed by a subsequent inspector that he failed to have proper equipment nor adequate space for conducting his operations. Another operator appeared to suffer a similar plight as evidenced by this video clip from the April 2015 LCB meeting during which one LBC attorney, Sherrie Morris, had to explain to another LBC attorney, Cangelosi, as to the fact that nails can’t be done in an esthetic salon. Cangelosi says “somebody” told them they could but she says it was “not someone from the Board.” Louisiana Voice has been told by several operators that it was LCB officials who told them they could operate. Cangelosi even admits, “Somebody licensed them.” In yet another instance at the same meeting, the LCB demonstrated that its inability to provide guidance to its licensees on acceptable “cheese graders.”
Still another nail salon operator said his salon was cited for violations and, when he informed the inspector that a beauty salon nearby operated in the same manner as he with the same equipment and space allocation, the investigator told him, “There are different rules for you guys.” When he complained to the investigator that he may challenge an administrative hearing on the issue, she said, “You may as well pay the $1,200 fine now. If you challenge it, they’re just going to add $550 administrative costs and there is no way you can win!” When he inquired how that could be possible for his operation to be treated so differently than the nearby beauty salon, the investigator responded, “They can do whatever they want!”
Yet another complaint of Vietnamese operators is the haphazard manner in which Young is “notified” of violations. Many Vietnamese salon operators said inspectors were shifted to their districts to concentrate on them and that they make it a point of showing up on Saturdays to provide the maximum negative impact to their salon’s operations.
Young said that unlicensed salon operators have “no skill” and “aren’t educated.” Vietnamese manicurists and salon operators said his statement was as an insult and indicated Vietnamese families train relatives to perform the service with safety at the forefront.
Recently, President Obama proposed his FY ’16 budget containing $15 billion for states to explore abolishing many boards and commissions which restrict job opportunities. Louisiana Treasurer John Kennedy supports such action in Louisiana.
In an interview with Louisiana Voice, Young indicated the Federal discrimination lawsuit is “about over with,” a curious claim given that Federal Judge Brian Jackson has denied every state effort to toss the suit. In his rulings of March 20, Jackson denied the state’s motions to dismiss the complaint against inspector Stockstill both for racial discrimination and false imprisonment. Jackson dismissed the false imprisonment complaint against Keller but refused to dismiss the discrimination claim. The trial is estimated to commence on January 17, 2017 and last for seven days.
According to records available through LaTrac, the state has authorized spending of close to $300,000 so far in defending the racial discrimination lawsuit. Louisiana Voice made a public records request directly to the law firm providing the defense, Shows Cali. Readers may recall that Shows serves as Buddy Caldwell’s campaign treasurer for this fall’s attorney general race. Further, in an investigative report by WWL in New Orleans, Shows was identified as a huge beneficiary of Caldwell’s propensity to award lucrative multi-million-dollar contracts to his close friends and associates.
Mississippi, also has considerable problems with its Cosmetology Board as evidenced by this rant by Mississippi State Representative Steven Holland in February of 2015. Unlike Louisiana, however, Mississippi requires all funds collected by boards and commissions to be placed in the state’s general fund and then individual boards and commissions must make application for funds for that year. Holland says the Mississippi Cosmetology Board’s funds need to be a “big goose egg.”
Louisiana Voice 
My Vietnamese friend has been doing my nails for the past 12 years. I have grown to admire her and respect her because of all she has overcome to be able to establish and run her business. First of all, I always remind her that I know I could not go to her country and be as successful as she was here, learning a new language and culture and learning a new trade skill in order for her to be a self dependent business woman. She is very hard working never taking a break. The only time she takes a break to eat is when no one is in her shop for service. If she is busy all day, she just doesn’t eat. So the Vietnamese did well with this program. Good for them! She pays taxes like everyone else and she does not believe in welfare. They saw a way to survive and they worked for it. It was not easy for them and I hope the people who try to harm them are punished.
Carmen…You make an excellent point about the language barrier, and the LBC appears unwilling to hire a Vietnamese staff member to assist with call- ins and drop-ins from and by the many Vietnamese operators: https://youtu.be/N7Z-71mLGUs.
One frustrated salon operator was at least heartened by his Q & A with U. S. Senator David Vitter on Monday: https://youtu.be/d6YsoO4iq40.
I plan to do a second installment focusing on fraud, corruption, and federal and state investigations on cosmetology schools. I hope to have that out in a week or so.
I know these incredibly dedicated, hard workers very much appreciate your comment, Carmen, and thank you for taking the time to read the post!
Carmen,
I love your comment! Thank you! The Louisiana State Board of Cosmetology (LSBC) is in essence attacking and harassing the hardworking people. The Louisiana State Board of Cosmetology is trying to limit the expansion of the nail salon businesses. The LSBC has even gone as far as to revoke and suspension both personal and business licenses. The LSBC has taken people’s livihood away. These people are parents whom has kids to take care of but yet the LSBC won’t hesitate to close down their businesses. I, personally, find these procedures and rules unfair. What are the nail salons doing so BAD that causes the LSBC to close them down? The LSBC was established to protect the public but what is going on in the nail salons that are so dangerous? Did the inspectors find weapons, illegal drugs, witness them committing a murder, a manicurist chopping off a client’s leg (Lol), etc? It doesn’t make sense what makes a government official to CLOSE down a business without it being a a REAL risk to the public?
I went to a nail salon only once (I redeemed a gift certificate) and I’ll never return. It’s just not my thing but even if it were, I wouldn’t return because of the intense chemical fumes in these salons.
The cosmetology board ought to be primarily concerned about the health of the workers in all nail salons regardless of the background of the owners or workers. The chemical fumes in these shops are not filtered out by the flimsy dust masks the workers wear. I won’t be surprised to learn that many of these young women are later diagnosed with leukemia and other forms of cancer caused by exposure to toxic chemicals and fumes.
Faircloth, Shows, Congelosi….these are names of attorneys that keep popping up all over lawsuits adverse to state interests. They all have multiple agency contracts as well as work for the AG as contractors. One would have to question whether the AG’s office may be complicit in what these agencies are doing. Caldwell certainly had shown he has zero interest in cracking down on public corruption.
More discrimination, to a vulnerable population. Imagine that!
Considering the FACT that most of these Vietnamese workers and salon owners are ESL (English as a Second Language), the Louisiana State Board of Cosmetology are merely taking advantage of them. The Vietnamese workers and salon owners has no idea what their rights are. These corruption of the Louisiana State Board of Cosmetolgy has gone too far. Thanks Robert for reporting and Tom for posting.
Cosmetology is not one of those vital things government ought to be regulating, it’s only “cosmetic.” Only where it intersects with health and safety issues, like the fume problem in salons, should there be government concern and these can and should be addressed by the LA Department of Health and Hospitals or the LADEQ. Dump the cosmetology board.
Amen!
Yes cosmetology implies it has something to do with cosmetics. But I would argue that cosmetic surgeries, cosmetic dental procedures also indicate, by its name, it is cosmetic in nature. I hope you’re not saying just because the procedure has cosmetic in its description that it should not be regulated. Just ask anyone who has suffered a chemical burn to the scalp. What I hope you are implying by your thoughtful but light-hearted post is that some reasonable and fair regulation can make safe practices that which if not properly practiced can do people harm. If that is your philosophy I think you are wise. Wouldn’t you agree?
Robert, I know the Governor appoints the board and names its chair. I also reviewed the statutes on the board noting its broad and specific powers with redress, as with the public records requests, e. g., basically in the court system.
In the recent past, the board had to deposit its funds in the state treasury, early on via the Department of Economic Development, later via the Office of the Governor. I can find no record of an appropriation for the board after fiscal year 2009 when it was in the Office of the Governor.
Do you know if the board has an appropriation anywhere from the state? If not, do you know why it doesn’t? If I were to speculate, I would guess its removal from the state budget was a way to reduce its size. However, the board apparently continues to operate with no change from the point of view of those regulated, except that resulting from less oversight by the state.
Like you, I think the state has too many boards and commissions. However, I also believe there is a need for regulation of some things for protection of public health and safety. But, do we need a florist’s board as a state entity? If so, for what possible reason?
Thanks for your report.
I agree with you, Stephen, on needing some boards for the protection of public health and safety, and I would never advocate abolishing professional boards like the CPA board, the Real Estate Commission (because I know they will discipline a licensee in a severe fashion for not meeting the fiduciary duties to their clients), and obviously not ones that affect our heath for things like restaurants and such. One of the Vietnamese salon operators got to address the LBC issues with Sen. Vitter on Monday, and his sentiments mirror what you have said (see my response to Carmen above that has a link to the Vitter video).
I have a meeting in about 3-4 hours with a Louisiana State Senator who has indicated interest in this situation. He’s asked for a package, and I’ve prepared one for him. I will pull up on my iPAD your comment and see if I can get some answers.
Thank you, Stephen, for taking the time to read the post and provide such an insightful response.
There would be no need to dismantle regulatory boards if those boards would just adhere to their own rules, agency regulations and state laws. It seems to me that many of the “forgotten” state boards have become a placeholder for political patronage that are only there to collect fees that feeds a fat rogue monster. Let’s not forget, let use not waver from our duty as citizens to be the ever diligent watchdog. To reveal governmental dysfunction and corruption wherever it may present itself.
For the Cosmetology board to even come close to a $1.0M budget is ridiculous.
The Louisiana Board of Cosmetology can be contacted at 225-756-3504 or email the executive director at steve.young@la.gov your opinions. That’s if you don’t have any problems getting in touch with them.
The budget actually exceeds $2 million, Fairness: http://www.laboards-commissions.com/Cos_Income_Statement.pdf. Not only that, despite the fact they have a nearly $2 million cash hoard: http://www.laboards-commissions.com/Cos_Balance_Sheet.pdf , they are presently seeking significant increases in licensing fees: http://www.legis.la.gov/legis/ViewDocument.aspx?d=937152. Fortunately, when the House vote was taken, they came up well short of the 70 votes needed for passage: http://www.legis.la.gov/legis/ViewDocument.aspx?d=940244
Speaking of boards, here is an article about how the members of the board of the Municipal Employees Retirement System are being investigated for living like Lords, using government credit cards.
http://www.fox8live.com/story/28995321/zurik-jaw-dropping-spending-found-in-retirement-boards-records
My question is, are any of these board members friends/appointees of Jindal?
We have done stories on the many board members who contributed to Jindal’s campaigns.
I went thru your old posts yesterday, and the corruption and nepotism you’ve documented is amazing.
I especially liked the post about how giant states like Texas get by with around 110 boards and commissions, while Louisiana has over 500. I bet we have a commission that oversees commissions, on which Jindal’s hand picked staff make salaries in the hundreds of thousands.
Lol….If you’d like to watch a brief video by the Institute of Justice about just how badly Louisiana sticks out in terms of having an excessive number of boards and commissions for low-wage occupational licensing, here’s the link:https://youtu.be/Jr8qHv4hCVw.
What a wonderful link you provided. It made my day.
Where is our “get the government off our backs” governor? Arbitrary enforcement and highly subjective administrative practices are by themselves reasonable grounds to dismiss and replace its current board members.
If he doesn’t seriously care about the huge hole he created in our state budget (as evidenced by his Executive Budget proposals, the most egregious of which was presented this year), he certainly can’t be expected to take time off from his POTUS campaign, evangelical tours, and writing projects to worry about one of the many boards to which he has made appointments and which regulates a business sector that would be way down his list of priorities..
My post was meant to be absurd. Of course you are right. The reason boards have become so destructive to business and individuals that they regulate is because of their relative low importance to a relatively ambitious governor.
I know you were and I was joking back. However, some jokes are also serious 🙂 You make good points in your other comments, as well and that New York Times article is good.
Today’s New York Times online edition has a timely report on nail salons titled “The Price of Nice Nails”.
There’s a second installment in the NY Times today: “Perfect Nails, Poisoned Workers.”
Please notice all the nail salons regarding those articles are dealing with human trafficking for Chinese and Hispanic groups. Vietnamese will not and never will exploit their own people for monetary gain like that. Grown people should be smarter than that, they shouldn’t be exploited like that. But the argument cames into play is that those people in the article are ‘illegals.’ Just because an individual made it to America, it doesn’t not mean that he or she has the inalienable rights given to us by our Founding Fathers the legal residences of America has. It is unfair but it is how America works.
Thank you for your response.
Incredible! These people are regulating people who struggle to speak English, yet the video shows one attorney not even knowing they can’t do nails in an esthetic salon. Young even says, “Of course not.” Nevertheless, Cangelosi indicates someone licensed them, and then somebody else says a resounding, “Yes.” Holland says the Mississippi executive director is incompetent, but this article and videos indicate some on and with this board have a few screws loose too.
I’m a salon owner in Gonzales, Louisiana. I’ve very bad experienced with the inspector name SHERRIE. Everytime she come to inspect my salon, she never address herself of who she is and sometimes disguised herself too. The first word come out of her mouth was ” I need everyone ID!” regardless of how many clients are present. After went through everyone identification, she sneaky ran into the lunchroom,open refrigerator and open boxes and different places she can get her hands on. I don’t know what the inspector is searching for while she know and NEVER see my salon used Razor Blade to removed client’s skin. I feel Like a criminal everytime inspector Sherrie come inspect my salon. Among all the Anerican salons surrounding area Gonzales, inspector Sherrie very lenient and friendly attitude toward them. Many times Sherrie have asked hair salons owners if they’re knowing any Nails salons is doing waxing so she can FINED them. How do I know? Because I do many hair dressers and make up artists. Sherrie creating a bad image among nails industry. Many nails salons provide waxing and other services if they have cosmotogist license. I’ve written up before for having a student that already completes her school and took her written and practice exam. In the process of waiting for her result, the student asked me that she can come for interview and see her skills so I can hired her after receiving her license. The student show up on Thursday performing only 1 client by doing a acrylic for me to see, at the same time Sherrie walk in and saw the student work on a client nails. Of coursed the opportunity for Sherrie to FINE me after explaining to her the situation. Sherrie advices me to go explain to the board instead to her. Weeks later, I recieved the violation paper in the mail and the board have asked for my respond. At this point, Celia Cangelosi, state attorney handling all the violations and fine. Celia knowing that most Vietnamese technicians doesnt speak English fluently, this is how Celia Angelosi handle the situation. She hand me the agreement papers and asked me to sign, Celia go on and explain if I decided to go fight for my violation, I only ends up pay more then the price they already gave me on the agreement papers. At this point, I don’t have a choice but pay my fine and get back to my salon. I feels so mistreated and discrimated!
I wish State of Louisiana would have a program where they let the students that already completed their practicle and written exam can able to come to a nails salon to gain their skills instead only practicing at school. I would love to see the board switch inspectors around in the area like Baton Rouge, Gonzales, Zachary, Hammond and. Demham Spring to inspect. By doing so, inspector that inspect at one area for so long won’t abused their power.
Ann, can you provide me with your email address?
Stephanie young, do you know how long (years) an inspector has inspect specific one area? Have you check on why certain area has pay more Fine then other places surrounding area? Unfortunately, your inspectors secretly behind every nails salon collecting cash
everytime she inspect a salon and especially non-smoking English ones are the victims. How do we know? Nail technicians they have witness all. Instead of doing their job as an inspector, they turn around doing something they’re supposed to be doing.