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Fish Pedicure Case Could Go To State Supreme Court

The Arizona Supreme Court will apparently decide whether fish pedicures will be legal in the state. 

A Gilbert spa owner is expected to appeal the ruling of the Court of Appeals which said the Board of Cosmetology has the right to act in ways to protect the public. 

The Board ruled four years ago that all tools used in a pedicure must be sterilized between procedures.

Spa owner Cindy Vong argued that cannot be done with fish. Her attorney, Christina Sandefur of the Goldwater Institute says that position is irrational.

“The board wants to consider a fish an implement that has to be sterilized. They do not do that with hands, for example, right? Hands, as we heard from the testimony, can't be sterilized. They can be cleaned, certainly, and risks can be reduced," Sandefur said.       

Sandefur says that’s exactly what the board should have done with the fish.  But the appellate court says the board is under no obligation to create a special rule for Vong or the use of her fish. Sandefur says she’ll take the issue to the state Supreme Court.