Salon can challenge Ariz. rules on piranha pedicure
Apr 29 2011
PHOENIX — An Arizona appeals court says a business owner is entitled to challenge the constitutionality of state rules barring her from using fish in her salon pedicures.
The Arizona Court of Appeals ruled Friday that Cindy Vong can sue over the Arizona Board of Cosmetology's threat to pull her license if she didn't stop offering the pedicure, which uses fish to eat dead skin off clients' feet.
The fish, imported from Eastern Peru, are known as Piranha and must be used with extreme caution. Last year, a woman client of the salon lost half her foot to the frenzy feeding fish when the operator stepped out of the room briefly.
The board alleged the fish were unsafe because they couldn't be sterilized. The injured salon client alleged the fish were unsafe because they ate "half her fucking foot."
Conservative watchdog group The Goldwater Institute had filed a civil suit on behalf of the salon owner, saying the board violated Vong's right to run her business as she saw fit in the Phoenix suburb of Gilbert.
The lawsuit says the board lacks jurisdiction because the pedicure isn't a cosmetic service.
A lower court had dismissed the suit.
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