The Goldwater Institute is asking the United States Supreme Court to review the decision of an Arizona court, upholding the state Board of Cosmetology’s ban on fish pedicures.
At issue is the business of Vietnamese immigrant and fish spa owner Cindy Vong, whose patrons dangle their feet in tanks containing tiny fish that nibble away the dead skin on customers’ feet.
The Goldwater Institute argues there should be limits on the power of state and local government to prohibit economic activities.
It wants the Supreme Court to reconsider a 142-year-old precedent that removed constitutional constraints on economic regulations.
Vong’s lawyer says government too often acts reflexively to prohibit activities it doesn’t understand.
Fish spas are common in Asia, Europe, the Middle East and in several U.S. states, including Virginia, Maryland and Ohio.