May 12, 2020 – A California beauty industry group and others filed a lawsuit Tuesday against California Governor Gavin Newsom over his decision to maintain nail salons and wonder salons closed while allowing other businesses to open.
In the lawsuit, the Professional Beauty Federation of California and other organizations argue, amongst other things, that the closure order deprives salon employees of their constitutional rights and that the classification of “essential” or “nonessential” is bigoted.
Newsom announced last week that salons couldn't yet reopen after announcing that the state's first known case of community-to-community transmission of the coronavirus was traced to a nail salon in February. He didn't provide further details concerning the salon or the patient.
The revelation got here in response to a reporter's query about why salons were moved to Phase 3 of reopening after parks and retail stores were allowed to reopen on Friday, May 8. “This whole thing started in the state of California – the first community spread – in a nail salon,” Newson said at a press conference. “That concerns me greatly.”
Phase 3, during which salons are to reopen, “might not even last more than a month,” he said.
The transmission in February occurred, he said, though salon employees were already practicing protective measures reminiscent of wearing masks and gloves.
Before reopening salons and wonder schools, he said, “We just want to make sure we have a protocol in place to keep customers and employees safe and allow the business to be a sustainable success.”
The lockdown in California, which went into effect in mid-March, affects hairdressers, cosmetologists, electrosurgeons, hair stylists, beauticians and manicurists, said Fred Jones, legal counsel for the Professional Beauty Federation of California and lobbyist.
He says health and safety training is an enormous a part of salon staff training.
In California, 621,742 persons are licensed by the California Board of Barbering and Cosmetology.
Nail salons do have “potential for problems” relating to disease transmission, says Dr. Aaron Glatt, chief of infectious diseases and hospital epidemiologist at Mount Sinai South Nassau in Oceanside, NY. Clients and manicurists are in close proximity, he says, and sometimes in close quarters. They are also together for prolonged periods of time. A manicure and pedicure can typically take an hour.
Hair styling services reminiscent of coloring and straightening may also require close contact for prolonged periods of time. Glatt's advice for people secretly going to the salon in states where hair salons are open is: “Decide if you really need to go. To the extent possible, make sure everything is properly sanitized.”
At first, Jones says, his group supported the governor in temporarily closing to support public health measures. But now he says the length of the closure is causing financial damage. The association is considered one of many associations and industry groups that represent the sweetness industry, Jones says. And, he says, the industry is able to step up precautions.
The lawsuit also states that Newsom is now allowing licensed professionals to supply services to support the entertainment industry while other establishments remain closed.
Since 2006, Larry and Jill Cromwell have operated three hair and nail salons in Folsom, California, with 45 employees and one other 30 who rent booths. When they were forced to shut on March 20 attributable to COVID-19, “all of our business and personal expenses were paid to this day,” says Larry Cromwell, 46.
Now, he says, they live at home with unimaginable debt and three children. “We are living on my unemployment benefits,” he says. “We got the Economic Injury Disaster Loan (EIDL), which is basically like an additional mortgage, with a higher interest rate than our mortgage, which we will now pay off until we are 76 years old.”
The Board of Barbering and Cosmetology's laws and regulations that affect individuals who provide salon services already mandate a variety of health and safety measures, reminiscent of sanitizing tools and footbaths, single-use towels and robes, and private hygiene for service providers. Cheri Gyuro, a spokeswoman for the California Department of Consumer Protection, says the board is working on COVID-19-related guidelines that might be released as soon as they're ready.
Christie Smaidris, education director for the Chicago-based International Nail Technicians Association, said two of her members are drafting proposals for safety protocols, and her group plans to work with the state of Illinois once its recommendations can be found.
The industry is proceeding with caution, and when salons reopen, she says, “it's going to be a whole new world.” How that may play out will depend upon each state's industry protocols. Clients can have their temperatures taken upon entry and be asked to scrub their hands before a manicure, she predicts. Employees will wear masks and gloves and can have shields between them and clients. They may be required to vary clothes between clients.
She expects customers may also must wear masks. Stations might be far apart and no customers will sit close to one another, she says.
Cromwell serves on the California Board of Barbering and Cosmetology's health and safety advisory board, an unpaid volunteer position, and he stays up thus far on the perfect safety protocols. He plans to comply with the brand new state regulations, and he expects his salons will take additional measures reminiscent of taking the temperatures of clients and employees, having clients wait of their cars until their appointment, and requiring masks.
In Georgia, where salons reopened May 1, clients are cooperating with the brand new rules, says Chung Mai, the owner of Piedmont Nails and Spa in Atlanta. He says they check the temperature of all clients and require them to scrub their hands at a sink within the salon before starting treatment.
Some have hand sanitizer and need to make use of it, but are told to scrub with soap and water. The stations are “6 feet apart,” he says. “There has been no backlash” from customers about complying with the brand new requirements, Mai says.