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Can't we unbraid this hairy knot?

| November 9, 2007 1:00 AM

The Inter Lake finds itself with the unenviable task of challenging the wisdom of the State Board of Barbers and Cosmetologists for the second time in recent years.

A few years ago, we argued that a barber ought to be able to bring his dog into the shop, but the board said otherwise and fined him. Eventually the barber got appointed to the board himself and helped to overturn that silly rule.

Now, however, another rule has come to our attention which we think is equally silly. Of course, we enjoy a good haircut as much as the next person, so we hope the board won't come after us with a lifetime ban on cuts by licensed barbers, but…

We just have to say that the board has gone too far in its refusal to let the Clip Joint in Whitefish display a barber pole because owner Melissa Franklin is a cosmetologist rather than a barber.

We know that a 2004 law defined barbering in a very narrow manner, but let's face it - any law that tends to discriminate by gender is unconstitutional. Since cosmetologists are just as well trained as barbers to cut men's hair, it seems like they should have the right to the barber pole, too.

After all, the barber pole does not spin in order to declare a barber's credentials, but rather to advertise a service and to attract business. Most cosmetologists would not want to use the barber pole at their stores, but if they do, then they should be able to do so. Women who are trained to cut hair at a school of cosmetology are just as qualified as men trained at a barber college.

If the board is afraid to make a variance because of the existing law, it should at least come out in favor of changing the law so that the situation can be rectified by the next Legislature.

And so the Ronald Smith saga continues, with Canada now abandoning its futile policy of seeking clemency for any Canadian faced with the death penalty.

Smith has used the legal system for 25 years to stay alive despite his conviction in Flathead County for murder many years ago, and even despite his original request that he be executed for his crime.

He had hoped to use Canada's anti-death-penalty policy to keep him alive for even more years, but Canada has unexpectedly reversed course and acknowledged that it should accept the verdict of the justice system in countries where appropriate safeguards are in place to protect the rights of defendants.

It's unlikely Canada's pleas would have made any difference in this case anyway. It is plain that Smith murdered Thomas Running Rabbit and Harvey Mad Man in 1982, had his day in court, and was sentenced appropriately to death for a brutal crime.

What is sad is that Smith has already enjoyed a clemency of sorts, by virtue of a tangled legal system that has stalled his execution for more than 25 years. He's had enough chances. Now it is time to see justice done.