ATLANTA—Awa Diagne was on the verge of opening her braiding shop in South Fulton when the City Council denied her permit just to shield a nearby salon from competition. Rather than let her American dream fade away, she filed a lawsuit with the Institute for Justice (IJ) in August. Now, a judge has ruled that the city improperly denied her the permit and ordered that it issue her the permit.
“I am so grateful that I’m going to be allowed to open my braiding shop,” said Awa. “It wasn’t easy to keep believing in my American dream, but I’m happy that I kept going, stood up for what is right, and won.”
Fulton County Superior Court Judge Robert C.I. McBurney ruled that the City Council abused its discretion when it denied Awa’s permit. The judge found that the “only evidence” in the record for denying her permit was the Council’s desire to protect the profits of a politically favored salon. Citing a landmark 2023 IJ case, the judge explained that this desire is not a constitutional reason for infringing “on one’s ability to engage in a lawful business.”
“Today’s ruling affirms that economic liberty is alive and well in Georgia,” said IJ Senior Attorney Renée Flaherty. “Last year, the Supreme Court of Georgia held that protecting one business from competition from another is not a legitimate reason to infringe on the right to earn a living. The City of South Fulton has been held accountable for ignoring the Court’s clear message.”
Awa immigrated from Senegal over 30 years ago in search for a better life. Since then, she has married, raised six children, and supported her family by braiding hair.
In 2021, Awa moved to South Fulton with her family but intended to continue running her shop in downtown Atlanta. But then tragedy struck. The day after she moved into her house, her husband was admitted to the hospital after being diagnosed with COVID-19. He never came home.
Without her husband, Awa could no longer operate her business in downtown Atlanta. But as the now sole provider for her family, she needed to work so quitting wasn’t an option. Awa decided to open a new hair braiding business in South Fulton right by her home and her daughters’ school.
Awa went to work, finding a storefront to lease and checking every box along the way. The last hurdle was getting approval from the South Fulton City Council. It should have been easy. After all, the planning and zoning commissions had already recommended that Awa be approved.
But then, the Council voted against her, saying that she would provide too much competition to another salon. At one point, a councilwoman said that it was “not fair” that the local salon should “have to compete” with Awa. Another councilwoman argued that the Council should deny Awa because “we don’t want any business to suffer any losses due to an oversaturation.”
Today’s ruling rejects the city’s attempt to favor one business over another. The Council’s actions “run[] contrary to Georgia’s long history of constitutional jurisprudence that entitles Georgians to pursue a lawful occupation of their choosing free from unreasonable government interference.” This case extends IJ’s landmark ruling from 2023 to the context of zoning, where officials often believe that they enjoy unlimited discretion to violate the right to earn a living and property rights. This latest victory in IJ’s Zoning Justice Project reminds them that they don’t.
The Institute for Justice litigates nationwide to defend property rights, economic liberty, educational choice, and free speech. This is not the first time IJ has had to litigate in Georgia, having previously won a case overturning an egregious licensing law that severely prohibited qualified workers from working as lactation consultants. IJ has successfully protected against arduous zoning rules and promoted economic liberty in cases such as a North Carolina animal sanctuary’s right to operate in the face of arbitrary city regulations. IJ has also defeated arbitrary zoning restrictions on food trucks in Jacksonville, North Carolina, and Fort Pierce, Florida.