Massage Therapist takes on the rights of many, to be able to massage animals in Maryland
July 29th 2009 20:30
PRESS RELEASE
"Do these hands need to be those of a veterinarian?"
Maryland Massage Therapist Files Lawsuit Challenging Veterinary Cartel Arlington, Va.—In Maryland, the politically powerful veterinary cartel is using government power to quash even the most harmless of entrepreneurial enterprises. But today, one entrepreneur is fighting back.
Maryland massage therapist Mercedes Clemens filed suit today in Montgomery County Circuit Court in Rockville to strike down an unconstitutional law permitting only government-licensed veterinarians to work in animal massage, a growing trade that can alleviate physical discomfort as well as calms animals, especially horses, improving their temperament, and making them easier to handle. Clemens is represented by the Institute for Justice (IJ), a public interest law firm that litigates nationwide to protect the constitutional rights of individuals.
“Nobody would suggest that the state could require massage therapists who work on people to have a medical degree before practicing their craft,” said IJ Senior Attorney Scott Bullock. “Requiring massage therapists who work on animals to become veterinarians is equally if not more absurd. Massaging a horse is a skill that requires some hands-on training and common sense around large animals—but not four years of veterinary school at a cost of $150,000.”
Mercedes Clemens is a Maryland entrepreneur with a thriving massage practice in Rockville that, until recently, offered both human and animal massage. In addition to being a licensed massage therapist for people, Mercedes has more than 30 years of practical experience as a horse owner and rider, has been privately certified in equine massage, and has even taught animal massage to others.
Despite these qualifications, the Maryland State Board of Veterinary Medical Examiners teamed up with the Maryland Board of Chiropractic Examiners to threaten Mercedes with criminal sanctions and the loss of her license to massage people unless she stops practicing animal massage and takes down the parts of her website offering the service.
“All I want to do is practice in a field that I have studied and love,” said Clemens. “The boards’ actions are a lose-lose-lose for entrepreneurs, horse owners and horses. It puts those with the experience and skill to care for horses out of work, while forcing Maryland horse owners to pay more for lower quality care.”
IJ Staff Attorney Paul Sherman said, “Mercedes has found herself threatened by two licensing boards intent on protecting a cartel of veterinarians by shutting down entrepreneurs like her who have the know-how to care for horses and other animals. Excluding her from the animal massage industry has absolutely nothing to do with consumer or animal safety and everything to do with protecting the financial interests of the veterinary cartel.”
In a similar case, the Institute for Justice successfully represented Maryland funeral home owners who filed suit to open their industry. In October, a federal judge struck down as unconstitutional a protectionist Maryland law, finding that states cannot create laws to benefit in-state special interests, describing the Maryland law as “the most blatantly anti-competitive state funeral regulation in the nation.”
Founded in 1991, the Virginia-based Institute for Justice has represented entrepreneurs nationwide who successfully fought arbitrary and unnecessary regulations. These cases include the landmark legal battle to open the interstate shipment of wine in which the U.S. Supreme Court struck down discriminatory state shipping laws that hampered small wineries as well as their consumers. IJ also secured the first federal appeals court victory for economic liberty since the New Deal, this on behalf of casket retailers in Tennessee.
Read more at the Institute for Justice website!
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HOW YOU CAN STAY INFORMED:
SUBSCRIBE to Animal Massage/Bodywork News by clicking here.
Bookmark my animal/equine massage information website at http://thebetteranimal.com
Bookmark the Institute for Justice website at http://ij.org.
----------------------------- ----
HOW YOU CAN HELP:
Spread the word -- forward this press release to anyone you know who might be interested.
Support the non-profit Institute for Justice by making a tax-deductible donation today. The folks at IJ are fighting continually for individual rights. They accept NO government funding and rely on donations. This case would not be possible without their expertise, support, vision, and commitment. Even a $5 donation will make a difference!
Shop online and support the Institute for Justice at the same time for no additional cost. Shop over 680 merchants such as Barnes & Noble, CDNow, and Lands' End through iGive.com and up to 26% of each online purchase will go to support IJ's efforts to preserve liberty.
Marylanders -- contact your representatives and voice your opinion about this issue. You can find out who your representatives are & how to contact them by going to http://mdelect.net/. If you live in another state where animal massage is veterinarian-only, I urge you to contact your representatives and make your views known.
Thank you!------
Mercedes Clemens, NCTMB, CMT, EBW
301-216-2612
mercedes@probodyworker.com
TheBetterAnimal.com (information on animal massage in Maryland)
Probodyworker.com (human massage in Rockville, Maryland)
UPDATE
NSTITUTE FOR JUSTICE
EVENT:
HEARING: MD Equine-Massage Entrepreneur Has Her Day in Court
TIME/DATE:
10:30 a.m./Thursday, July 30, 2009
PLACE:
Courtroom 8
Circuit Court for Montgomery County, Maryland
50 Maryland Avenue
Rockville, MD 20850
PARTICIPANTS:
Scott Bullock, Senior Attorney, Institute for Justice
Paul Sherman, Staff Attorney, Institute for Justice
Mercedes Clemens, Maryland entrepreneur
CONTACT:
Bob Ewing, Assistant Director of Communications, (202) 494-2567
SUMMARY:
On Thursday, July 30, Montgomery County Circuit Court Judge David Boynton will
hear the case of Maryland equine-massage entrepreneur Mercedes Clemens. Clemens has received international media attention and was featured in the Washington Post after being threatened with criminal prosecution and thousands of dollars in fines for massaging horses in Maryland.
The Washington Post feature, which includes video footage of Mercedes, is
available online: http://tinyurl.com/44wu3w.
Mercedes Clemens has a thriving massage practice in Rockville that, until
recently, offered both human and animal massage. In addition to being a licensed
massage therapist for people, Mercedes has more than 30 years of practical
experience as a horse owner and rider, has been privately certified in equine
massage, and has even taught animal massage to others.Despite these qualifications, the Maryland State Board of Veterinary Medical Examiners teamed up with the Maryland Board of Chiropractic Examiners and ordered her to stop practicing animal massage and to take down the parts of her website offering the service.
In June 2008, Mercedes teamed up with the Institute for Justice, a public interest law firm that litigates nationwide to protect the constitutional rights of individuals, and filed a lawsuit to defend her right to earn an honest living free from unreasonable government regulations. A month later, the Maryland State
Board of Veterinary Medical Examiners backpedaled on its position that only licensed veterinarians may perform animal massage. Nonetheless, the Chiropractic Board still refuses to acknowledge Mercedes’ right to economic liberty.
INSTITUTE FOR JUSTICE
FOR IMMEDIATE RELEASE:
July 30, 2009
CONTACT:
Bob Ewing
(703) 682-9320
Victory for Maryland Entrepreneur in Animal Massage Dispute
Judge Declares Regulatory Board Engaged in “Illegal” Actions
Arlington, Va.—At a hearing today in Montgomery County Circuit Court, Judge David Boynton declared that Maryland equine-massage entrepreneur Mercedes Clemens is now free to return to the occupation she loves. Judge Boynton recognized that the Maryland Board of Chiropractic Examiners has no authority to regulate animal massage and that it was “illegal” for the Board to force Mercedes to stop her practice.
“All Mercedes has ever asked for is the assurance that she can work in the job she loves without being illegally put out of business at the whim of regulatory bureaucrats,” said Mercedes’ attorney Paul Sherman of the Institute for Justice (IJ), the nation’s leading legal advocate for economic liberty. “This ruling grants her exactly what she wanted and is a wonderful victory for all Maryland entrepreneurs who want to provide these services.”
Mercedes Clemens has a thriving massage practice in Rockville that, until recently, offered both human and animal massage. In addition to being a licensed massage therapist for people, Mercedes has more than 30 years of practical experience as a horse owner and rider, has been privately certified in equine massage and has even taught animal massage to others.
Despite these qualifications, the Maryland State Board of Veterinary Medical Examiners teamed up with the Maryland Board of Chiropractic Examiners and ordered her to stop practicing animal massage and to take down the parts of her website offering the service.
In June 2008, Mercedes teamed up with the Institute for Justice and filed a lawsuit to defend her right to earn an honest living free from unreasonable government regulations. A month later, the Maryland State Board of Veterinary Medical Examiners backpedaled on its position that only licensed veterinarians may perform animal massage. Nonetheless, the Chiropractic Board refused to acknowledge Mercedes’ right to economic liberty.
“I love that I can finally get back to business,” said Mercedes. “All I’ve ever wanted is the right to work. I never asked for a bailout or even monetary damages, just the freedom to earn an honest living in the occupation I love. Today that freedom was restored to me.”
Clemens, who was threatened with criminal prosecution and thousands of dollars in fines for massaging horses in Maryland, has received international media attention. A Washington Post feature that includes video footage of Mercedes is available online: http://tinyurl.com/44wu3w.
“Regulatory boards across the country are out of control, abusing their power to shut down honest entrepreneurs,” said IJ Senior Attorney Scott Bullock. “The Institute for Justice is committed to correcting this injustice by ensuring that these boards are held accountable for their actions and forbidden from engaging in illegal activities.”
IJ President and General Counsel Chip Mellor said, “This lawsuit is an important part of the Institute for Justice’s nationwide campaign to restore economic liberty to all Americans by defending their constitutional right to earn an honest living. Mercedes’ victory today marks a meaningful step in that direction.”
# # #
"Do these hands need to be those of a veterinarian?"
Maryland Massage Therapist Files Lawsuit Challenging Veterinary Cartel Arlington, Va.—In Maryland, the politically powerful veterinary cartel is using government power to quash even the most harmless of entrepreneurial enterprises. But today, one entrepreneur is fighting back.
Maryland massage therapist Mercedes Clemens filed suit today in Montgomery County Circuit Court in Rockville to strike down an unconstitutional law permitting only government-licensed veterinarians to work in animal massage, a growing trade that can alleviate physical discomfort as well as calms animals, especially horses, improving their temperament, and making them easier to handle. Clemens is represented by the Institute for Justice (IJ), a public interest law firm that litigates nationwide to protect the constitutional rights of individuals.
“Nobody would suggest that the state could require massage therapists who work on people to have a medical degree before practicing their craft,” said IJ Senior Attorney Scott Bullock. “Requiring massage therapists who work on animals to become veterinarians is equally if not more absurd. Massaging a horse is a skill that requires some hands-on training and common sense around large animals—but not four years of veterinary school at a cost of $150,000.”
Mercedes Clemens is a Maryland entrepreneur with a thriving massage practice in Rockville that, until recently, offered both human and animal massage. In addition to being a licensed massage therapist for people, Mercedes has more than 30 years of practical experience as a horse owner and rider, has been privately certified in equine massage, and has even taught animal massage to others.
Despite these qualifications, the Maryland State Board of Veterinary Medical Examiners teamed up with the Maryland Board of Chiropractic Examiners to threaten Mercedes with criminal sanctions and the loss of her license to massage people unless she stops practicing animal massage and takes down the parts of her website offering the service.
“All I want to do is practice in a field that I have studied and love,” said Clemens. “The boards’ actions are a lose-lose-lose for entrepreneurs, horse owners and horses. It puts those with the experience and skill to care for horses out of work, while forcing Maryland horse owners to pay more for lower quality care.”
IJ Staff Attorney Paul Sherman said, “Mercedes has found herself threatened by two licensing boards intent on protecting a cartel of veterinarians by shutting down entrepreneurs like her who have the know-how to care for horses and other animals. Excluding her from the animal massage industry has absolutely nothing to do with consumer or animal safety and everything to do with protecting the financial interests of the veterinary cartel.”
In a similar case, the Institute for Justice successfully represented Maryland funeral home owners who filed suit to open their industry. In October, a federal judge struck down as unconstitutional a protectionist Maryland law, finding that states cannot create laws to benefit in-state special interests, describing the Maryland law as “the most blatantly anti-competitive state funeral regulation in the nation.”
Founded in 1991, the Virginia-based Institute for Justice has represented entrepreneurs nationwide who successfully fought arbitrary and unnecessary regulations. These cases include the landmark legal battle to open the interstate shipment of wine in which the U.S. Supreme Court struck down discriminatory state shipping laws that hampered small wineries as well as their consumers. IJ also secured the first federal appeals court victory for economic liberty since the New Deal, this on behalf of casket retailers in Tennessee.
Read more at the Institute for Justice website!
----------------------------- ----
HOW YOU CAN STAY INFORMED:
SUBSCRIBE to Animal Massage/Bodywork News by clicking here.
Bookmark my animal/equine massage information website at http://thebetteranimal.com
Bookmark the Institute for Justice website at http://ij.org.
----------------------------- ----
HOW YOU CAN HELP:
Spread the word -- forward this press release to anyone you know who might be interested.
Support the non-profit Institute for Justice by making a tax-deductible donation today. The folks at IJ are fighting continually for individual rights. They accept NO government funding and rely on donations. This case would not be possible without their expertise, support, vision, and commitment. Even a $5 donation will make a difference!
Shop online and support the Institute for Justice at the same time for no additional cost. Shop over 680 merchants such as Barnes & Noble, CDNow, and Lands' End through iGive.com and up to 26% of each online purchase will go to support IJ's efforts to preserve liberty.
Marylanders -- contact your representatives and voice your opinion about this issue. You can find out who your representatives are & how to contact them by going to http://mdelect.net/. If you live in another state where animal massage is veterinarian-only, I urge you to contact your representatives and make your views known.
Thank you!------
Mercedes Clemens, NCTMB, CMT, EBW
301-216-2612
mercedes@probodyworker.com
TheBetterAnimal.com (information on animal massage in Maryland)
Probodyworker.com (human massage in Rockville, Maryland)
UPDATE
NSTITUTE FOR JUSTICE
EVENT:
HEARING: MD Equine-Massage Entrepreneur Has Her Day in Court
TIME/DATE:
10:30 a.m./Thursday, July 30, 2009
PLACE:
Courtroom 8
Circuit Court for Montgomery County, Maryland
50 Maryland Avenue
Rockville, MD 20850
PARTICIPANTS:
Scott Bullock, Senior Attorney, Institute for Justice
Paul Sherman, Staff Attorney, Institute for Justice
Mercedes Clemens, Maryland entrepreneur
CONTACT:
Bob Ewing, Assistant Director of Communications, (202) 494-2567
SUMMARY:
On Thursday, July 30, Montgomery County Circuit Court Judge David Boynton will
hear the case of Maryland equine-massage entrepreneur Mercedes Clemens. Clemens has received international media attention and was featured in the Washington Post after being threatened with criminal prosecution and thousands of dollars in fines for massaging horses in Maryland.
The Washington Post feature, which includes video footage of Mercedes, is
available online: http://tinyurl.com/44wu3w.
Mercedes Clemens has a thriving massage practice in Rockville that, until
recently, offered both human and animal massage. In addition to being a licensed
massage therapist for people, Mercedes has more than 30 years of practical
experience as a horse owner and rider, has been privately certified in equine
massage, and has even taught animal massage to others.Despite these qualifications, the Maryland State Board of Veterinary Medical Examiners teamed up with the Maryland Board of Chiropractic Examiners and ordered her to stop practicing animal massage and to take down the parts of her website offering the service.
In June 2008, Mercedes teamed up with the Institute for Justice, a public interest law firm that litigates nationwide to protect the constitutional rights of individuals, and filed a lawsuit to defend her right to earn an honest living free from unreasonable government regulations. A month later, the Maryland State
Board of Veterinary Medical Examiners backpedaled on its position that only licensed veterinarians may perform animal massage. Nonetheless, the Chiropractic Board still refuses to acknowledge Mercedes’ right to economic liberty.
INSTITUTE FOR JUSTICE
FOR IMMEDIATE RELEASE:
July 30, 2009
CONTACT:
Bob Ewing
(703) 682-9320
Victory for Maryland Entrepreneur in Animal Massage Dispute
Judge Declares Regulatory Board Engaged in “Illegal” Actions
Arlington, Va.—At a hearing today in Montgomery County Circuit Court, Judge David Boynton declared that Maryland equine-massage entrepreneur Mercedes Clemens is now free to return to the occupation she loves. Judge Boynton recognized that the Maryland Board of Chiropractic Examiners has no authority to regulate animal massage and that it was “illegal” for the Board to force Mercedes to stop her practice.
“All Mercedes has ever asked for is the assurance that she can work in the job she loves without being illegally put out of business at the whim of regulatory bureaucrats,” said Mercedes’ attorney Paul Sherman of the Institute for Justice (IJ), the nation’s leading legal advocate for economic liberty. “This ruling grants her exactly what she wanted and is a wonderful victory for all Maryland entrepreneurs who want to provide these services.”
Mercedes Clemens has a thriving massage practice in Rockville that, until recently, offered both human and animal massage. In addition to being a licensed massage therapist for people, Mercedes has more than 30 years of practical experience as a horse owner and rider, has been privately certified in equine massage and has even taught animal massage to others.
Despite these qualifications, the Maryland State Board of Veterinary Medical Examiners teamed up with the Maryland Board of Chiropractic Examiners and ordered her to stop practicing animal massage and to take down the parts of her website offering the service.
In June 2008, Mercedes teamed up with the Institute for Justice and filed a lawsuit to defend her right to earn an honest living free from unreasonable government regulations. A month later, the Maryland State Board of Veterinary Medical Examiners backpedaled on its position that only licensed veterinarians may perform animal massage. Nonetheless, the Chiropractic Board refused to acknowledge Mercedes’ right to economic liberty.
“I love that I can finally get back to business,” said Mercedes. “All I’ve ever wanted is the right to work. I never asked for a bailout or even monetary damages, just the freedom to earn an honest living in the occupation I love. Today that freedom was restored to me.”
Clemens, who was threatened with criminal prosecution and thousands of dollars in fines for massaging horses in Maryland, has received international media attention. A Washington Post feature that includes video footage of Mercedes is available online: http://tinyurl.com/44wu3w.
“Regulatory boards across the country are out of control, abusing their power to shut down honest entrepreneurs,” said IJ Senior Attorney Scott Bullock. “The Institute for Justice is committed to correcting this injustice by ensuring that these boards are held accountable for their actions and forbidden from engaging in illegal activities.”
IJ President and General Counsel Chip Mellor said, “This lawsuit is an important part of the Institute for Justice’s nationwide campaign to restore economic liberty to all Americans by defending their constitutional right to earn an honest living. Mercedes’ victory today marks a meaningful step in that direction.”
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