City Council Bans Working Mother From Opening Biz

In America, the government doesn’t get to pick winners and losers in the marketplace. Businesses compete, and the consumer ultimately decides which services or products they want. The idea that anyone can open a storefront and demonstrate their value to the community is part of the American Dream. But in South Fulton, Georgia, that dream has been upended by government officials who denied Awa Diagne a business license because she would be competing with more politically favored shops. That’s why Awa has teamed up with the Institute for Justice and filed suit against the city for its zoning abuse.

https://ij.org/case/south-fulton-protectionist-zoning/

Awa epitomizes the American Dream. Originally from Senegal, Awa immigrated here more than 30 years ago and is an American citizen. She worked in downtown Atlanta as an African hair braider for decades and raised a family of six children.

In 2021, Awa moved to South Fulton with her family so they could attend a great local school. Awa planned to keep working out of her Atlanta shop, but tragedy struck. The day after they moved into their new home, Awa’s husband Bathie went to the hospital with COVID-19. He never came home. Without her husband for help, Awa could no longer run her Atlanta store, but she still needed to work.

She found the perfect place—a storefront in a busy shopping center right between her home and her kids’ school. Awa worked with the city on the paperwork and signed a lease. Between rent, the security deposit, and building out her shop, Awa spent nearly $20,000. But then came time for the City Council to vote for her license. To her shock, when the City Council met it was not concerned with how to welcome a new business, but instead focused on protecting other businesses from competition.

Their language was anything but subtle.

One member said that it was “not fair” that an existing salon would “have to compete” with Awa. The Council even said that Awa should forget the thousands of dollars she invested, start over, and find a new location where she wouldn’t be “competing with anyone.” The Council rejected her permit—not because her shop was unsafe or failed to meet any regulations, but rather to stifle competition from other politically favored businesses.

This blanket economic protectionism is unconstitutional. The South Fulton City Council cannot shut out new businesses just to protect existing ones from competition. The Georgia Supreme Court said so just last year in another IJ case involving lactation consultants.

Every American has the right to use their property to earn a living without arbitrary government interference. The government cannot pick and choose who gets to pursue the American Dream.