Carping Over Cosmetology: Spa Fights For Right To Use Flesh-Nibbling Fish in Arizona

The Arizona Court of Appeals heard an interesting argument this week that is newsworthy for two reasons. First, there is a legal dispute over whether spa can use live fish to nibble dead skin off the feet of customers. Second, a spa wants to use live fish to nibble dead skin off the feet of customers. The state insists that there is no way to sterilize the Garra Rufa fish, a tiny carp.

Cindy Vong’s spa offered the “fish-therapy treatment” as a pedicure service but the Arizona Board of Cosmetology threatened to pull Vong’s license in early 2009 if she didn’t stop offering the pedicure service because the fish were unsafe due to a lack of sterilization.

Vong brought the action but it was dismissed by the lower court. Here is the brief decision: Ruling

Here is the complaint: Complaint

In their brief (DOC101810), the Goldwater Institute notes that these fish have no teeth and challenges the agency’s effort to “regulate fish.” The issue however is whether this constitutes an untimely appeal of an agency decision.

Whatever happens, the court should order (in light of today’s story on derogatory language regarding pets) that “pedicure” should be called “companionanimalcure.”

Source: AZ Central