Shawnee County court continues debate on removing sugaring license after Kelly vetoes bill

Kansans who want to do sugaring, a form of hair removal like waxing, will still need to get certified through a cosmetology school after Gov. Laura Kelly vetoed a bill that would have removed required licensing to practice it.

The bill passed the Senate with just one vote against, and appeared to be a noncontroversial piece of legislation. But the House saw a livelier debate during committee meetings, and it passed that chamber short of what would be needed to override a veto.

Opponents of Senate Bill 434 said it would remove protections on Kansas consumers who use sugaring services. Rep. Mike Amyx, D-Lawrence, a barber, said the removal of licensure pointed out sugaring facilities wouldn’t receive inspections and could foster unsanitary facilities leading to infection.

Sugaring bill raised concerns on sanitation and background checks

Rep. Silas Miller, D-Wichita, a licensed cosmetologist, added that the necessary training on the law, which includes a brochure and a self-test, isn’t comparable to the “hundreds of hours of foundational knowledge regarding infection control, proper implement sanitation, blood spill procedures, the science of skin and hair” one receives in cosmetology school.

A cosmetology license takes about 1,500 hours to complete, and teaches students about health and safety, hair care, chemical services, skin and nail care, business practices, state law and courses on the specific type of cosmetology they intend to practice. Body waxing, a comparable practice to sugaring, requires five practice sessions for an estimated 12.5 hours.

Licensed cosmetologists also have to undergo background checks, and anyone seeking a cosmetology license with a felony must be granted an exemption from the Kansas Board of Cosmetology. The lack of a background check was a turning point in the debate, especially after cosmetologists reported that sugaring is most often used for hair removal around the genitals.

“I have serious concerns that deregulating sugaring — a hair removal technique that may be performed on minors — could lead to safety and sanitation problems. We have a responsibility to protect Kansans — and this deregulation would threaten the health and safety of Kansans — particularly our children,” Kelly said.

Efforts to deregulate sugaring back in Shawnee County District Court

The legislation failed while a lawsuit that seeks to remove licensure for sugaring was stayed in Shawnee County District Court. Bryn Green, of Hays, is suing the state to remove the licensure requirements, which can take up to a year and $20,000 to obtain.

“It’s ridiculous to me that the requirement is to spend tens of thousands of dollars and thousands of hours to obtain a license that I am literally going to use 1% of,” Green said in a video posted to Kansas Policy Institute’s Youtube page.

She is represented by the Kansas Justice Institute, a nonprofit litigator that focuses on free speech, economic and personal liberty, school choice and criminal justice reform. KJI has previously opposed other cosmetic licensure programs like the deregulation of eyebrow threading licensure in 2022.

"The Defendants' occupational licensing regime involving sugaring is unreasonable, irrational, arbitrary, oppressive, protectionist, and not appropriately tailored to fit the practice of sugaring — it is unconstitutional," Sam MacRoberts, an attorney with KJI, wrote in a petition to the court.

In March, Judge Teresa Watson delayed deadlines for further filings in the case while the litigation played out.

After Kelly’s veto and the Legislature’s decision not to seek to override her decision, it returned to court on Monday for a hearing on the status of the case. During the hearing, Watson set a July 16 date for parties to argue a motion the state made to dismiss the case.

If dismissed, sugaring would remain the domain of licensed cosmetologists.

This article originally appeared on Topeka Capital-Journal: Kansas hair removal service gets hearing in court after governor veto