Fighting Maryland’s Veterinary Cartel

Clemens v. Maryland State Board of Veterinary Medical Examiners, et al

Mercedes Clemens was a Maryland entrepreneur with a thriving massage practice in Rockville that offered both human and animal massage.  In addition to being a licensed massage therapist, Mercedes had more than 30 years of practical experience as a horse owner and rider, had been certified in equine massage—a growing practice that can alleviate physical discomfort and calms horses, making them easier to handle—and had even taught animal massage to others.

Despite these qualifications, Mercedes found herself whipsawed by two licensing boards intent on protecting a veterinary cartel from competition.  According to the Maryland State Board of Veterinary Medical Examiners, Mercedes could not practice animal massage without spending a fortune on four years of veterinary school.  Further, in February of 2008, the Maryland Board of Chiropractic Examiners ordered Mercedes to stop practicing equine massage and take down her website or else lose her license to massage humans, which made up the bulk of her practice.

On June 10, 2008, the Institute for Justice filed suit in Montgomery County Circuit Court in Rockville on behalf of Mercedes Clemens, challenging Maryland’s animal massage regulations as a violation of fundamental constitutional rights.  After the lawsuit was filed, the Veterinary Board immediately backed down and was dismissed from the case, but the Chiropractic Board maintained its cease-and-desist order against Ms. Clemens for another year under the absurd argument that anyone in Maryland was permitted to massage animals except people who were also licensed to massage humans.  On July 30, 2009, Judge David Boynton of the Montgomery County Circuit Court ruled that the Chiropractic Board had no authority over the practice of animal massage and had acted illegally in shutting down Ms. Clemens’ business.  Thanks to this ruling, Ms. Clemens has begun rebuilding her practice and reconnecting with her former clients.