This is REALLY significant.
Yesterday, I was contacted by Christina Mulligan, an attorney at the Institute for Justice. They are actively seeking clients for a suit they may bring against the BPSS (see info below). I have agreed to help them identify teachers in NY who have received the letter, and are willing to be represented in the suit. They are a 100% pro-bono law firm.
Respond directly to me at justice@iyea.us and I will pass along your info to the Institute. If you want to talk, call me at (413) 351-2304. Please forward this to anyone you know who runs a teacher training program in New York State.
Leslie
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From: Christina Mulligan
Subject: Yoga-Teacher Training Licensing Opposition
Date: July 28, 2009 10:44:23 AM EDT
To: leslie@iyea.us
Dear Leslie,
Good to talk to you on the phone today. As we discussed, the Institute for Justice is interested in helping out yoga instructors following New York’s decision to require yoga-teacher trainers to be licensed as proprietary schools. We’re looking to identify potential clients for a suit against the Bureau of Proprietary School Supervision asking for a declaration that yoga-teacher training licensing is unconstitutional. The cease-and-desist letter from the BPSS is enough to create standing, so potential clients need not have suffered any other adverse effects before bringing suit.
A little bit about the Institute for Justice: We’re a libertarian non-profit law firm based in Arlington, Virginia. Our financial supporters are primarily individuals and foundations from across the ideological spectrum which support our four pillars: Free Speech, Property Rights, Educational Choice, and Economic Liberty. We’ve litigated three cases in the Supreme Court, including the famous
Kelo v. New London eminent domain case in 2005. All of our work is done without charge to our clients, as our goal is to promote and preserve individual rights and liberty for all. More about IJ can be found on our website,
www.ij.org.
One of the areas we litigate in is “speaking professions” – vocations where the individual’s activity is expressive. A speaker is no less a speaker because he or she is being paid. Indeed, much important speech is sold, such as newspapers and books. Private teaching – including yoga-teacher training -- should be protected by the First Amendment even though teaching is also an occupation.
Very few cases have been litigated concerning “speaking professions”, however IJ has been involved in the area since the late nineties. IJ vindicated an individual’s right to give financial advice in print (
Taucher v. Born) and is currently challenging a law requiring tour guides to be licensed in Philadelphia (
Tait v. City of Philadelphia). We’ve eliminated regulations requiring people calling themselves “interior designers” to be licensed in Texas, Oklahoma, New Mexico, and Connecticut and are currently challenging a similar statute in
Florida. (You can read about all the interior design cases
here.)
Challenging the decision to license yoga-teacher trainers presents an opportunity to vindicate the right of private teachers to share their beliefs, philosophy, skills, and knowledge with others. If you know of anyone interested in this issue or who might be interested in serving as a client, please feel free to pass my information along or put me in touch. Thanks so much for your time, and I look forward to speaking with you again.
Christina Mulligan
Staff Attorney
Institute for Justice
901 N. Glebe Rd. Ste. 900
Arlington, VA 22203
www.ij.org