SOUTH FULTON, Ga.—Tomorrow, the Superior Court of Fulton County will hear Awa Diagne’s case about the unconstitutional and anti-competitive denial of a permit to open her hair braiding shop. At stake is whether the South Fulton City Council can unilaterally block Awa’s right to open her shop based on their determination her shop could provide competition to other politically connected salons in the area. One councilwoman argued it was “not fair” that a local salon should “have to compete” with Awa, and another councilwoman advised Awa to work elsewhere, where she isn’t “competing against anyone.”

This blatant favoritism strikes at the heart of the American Dream that motivated Awa to emigrate from Africa over thirty years ago. But Awa, with the help of the Institute for Justice (IJ), is determined to fight against this injustice, even at great personal expense as she continues to pay for her space despite not being able to run her business.

“Potentially competing with another business isn’t a legitimate reason for zoning authorities to deny a permit,” said IJ Attorney Will Aronin. “Zoning codes should be enforced to ensure health and safety, not to unconstitutionally protect existing businesses.”

In 2021, Awa and her family moved to South Fulton so that her children could attend the excellent local schools. She planned to continue working out of her Atlanta shop, 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. As a newly single parent with a thriving business, she needed to relocate closer to home and her daughters’ school.

Fortunately, Awa found the perfect storefront in South Fulton. She signed a lease, spent nearly $20,000 on renovations, and received strong recommendations from both the city’s planning and zoning commissions. The last hurdle was getting approval from the South Fulton City Council. It should have been easy.

But the city council denied her permit, citing concerns that she could compete with nearby salons.

“Never did I think, here in America of all places, that I would get denied a business permit because I might be too successful,” said Awa. “I’ve been braiding hair my entire life. This is a business I know, a community I love. For the Council to deny me when I’ve done nothing wrong just isn’t right.”

“The Georgia Constitution protects Awa’s right to work and make a living,” said IJ Senior Attorney Renée Flaherty. “This is an affront to everyone who has ever dreamed of opening their own business.” 

Founded in 1991, 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 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 county regulations. In Fort Pierce, Florida, IJ helped defeat a zoning law that banned food trucks within 500 feet of an established restaurant.

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 To arrange interviews on this subject, journalists may contact Phillip Suderman, IJ’s Communications Project Manager, at psuderman@ijstaging.wpengine.com or (850) 376-4110. More information about the case is available at: https://ijstaging.wpengine.com/case/south-fulton-protectionist-zoning/