They want to ban my tank! Yikes!!!

[firegarden]

You are not going to believe this...
I own a hair salon in Lower Alabama, where I have a 45 gallon fish tank. Our State Board of Cosmetology has had some challenges over the last few years, therefore we have not been inspected in several years. Finally my salon was inspected last week, and this is what I was told!
The Board members are in the process of writing a new law book governing the cosmetology profession in Alabama, and they decided that fish tanks of any kind will be banned! It's been stated that live animals can't live in salons (birds, dogs, etc.) for obvious reasons. The inspector herself revealed this fish tank issue, in her opinion, is absurd. The fish are contained, I don't let them out to play, right?! Their response to her questioning this was, "They are potential disease carriers". I can have a tank of water, mind you, just no fish. So her advice to me was, "If the fish die" (thanks a lot) "...don't replace them".
Rather than tangle with the inspector (she is just the messenger)I decided to research the likelihood of my closed fish tank potentialy harming my clients. Ultimately, I don't think they can revoke my license for breaking that law! Anyhow, I want to be armed with facts that I can present to the Board, I'm certainly not going to roll over and submit.
Some things are obvious, like almost every restaurant in Lower Alabama has them. Around food? No harm there. In addition, what about man made coral reefs that are made specifically for humans to swim around? Like in Disney's Typhoon Lagoon and Sea World's Discovery Cove. To have that experience, I didn't have to sign a release form stating I'm in danger. There is no indication the fish may be potential disease carriers, right? If I can actually swim with them in a man made environment, common sense tells me my clients are not going to contract a disease while observing mine through a glass while getting a hair cut!
Any advice would be helpful, I'm thinking of consulting with a Marine Biologist (there are dozens around here) or maybe even the Center for Disease Control. Needless to say, I'm steaming mad about it, and find the whole issue ridiculous and insulting...

 

[almarktool]

sounds like alot of bull sh*t to me but living in a townhouse my self i am used to that kinda of crap. well all i can say worse case is make a 100% pure reef tank out of it lots and lots of corals

 

[aileena]

Well I am not sure about Alabama laws since I only practice in Michigan, but if I were you I would do exactly what you are doing and go straight to the regulatory authority and make the same points that you have made here.
I think you made an excellent point by saying that its ok in a place where food is serviced but not in a salon? These are interesting arguements and you need to get a hold of your state legislator too and let him know about this. In the meantime pursue the regulatory authority and follow through with it. If all else fails I am sure you can find a willing attorney and file a complaint agaist the regulatory authority. It would be an interesting case to say the least. I guess the test would be whether the regulation was lacking rational justification or whether its purpose is reasonable. Both of the later are tests for zoning regulations in apts and condos and other types of common interest communities. GOOD LUCK!!! and keep me posted. sprysj@cooley.edu

 

[pc fisher]

Down here in FL I was talking to the lady that cuts my hair and she said the only thing she COULD have is fish. I was stationed in Montgomery before here and the was a restaurant there that had one there.

 

[mr . salty]

Just another quick thought...If aquariums/fish are disease carriers,why are they in almost every doctors office and hospital waiting room I have ever been in????job security maybe??

 

[b.b.bigbrother]

Just wondering what about the chemicals in the air from perms ect can't be good for tank i go nuts with any type of spay around or in room.

 

[beth]

BB: I was actually thinking along the same line...particularly with the suggestions about setting up a reef tank. Airborne chemicals irritants definitely do effect aquaria.

 

[firegarden]

Great advice, thank you all!!!
Yeah-that's the thing, they are permited in medical offices even! It angers me even more that I have been functioning within the realms of the law for several years without an inspection. My salon is immaculate, and they are going to 'pick on me' about this?!
Oddly enough, it IS the FISH that I have been most concerned about all this time...I don't rely on hair spray much and my clients know not to spray close to the tank if they do it themselves. Besides, it's always shut tight. Everyone is really cool about it, I even had a client bring me a CBS for Christmas last year. The ones I've had a chance to mention this to are livid about it, as I am.
I think definitely I will get actual facts and take it to my legislator...

 

[broomer5]

Has there ever been a case where a person got sick or contracted a disease from the fish/inverts we keep in a typical fish or reef tank ?
Any occurance of such a thing happening ?
If so, and the board knows this ..... you're up a creek for sure, and your case will be harder to fight.
If there is no recorded evidence of such a thing happening, and they're just assuming a potential risk ......... you've got a much better chance of pleading your case in my opinion.
Knowing if there has been a person that got sick from a captive or wild saltwater creature, or if the lack of maintenace on the tank allowed for some nasty ass stuff to grow in it, and as a result ...... someone got some funky infection ........ is the key to fighting this.
It may require talking to a lawyer or someone that can do the research in the lawbooks or health records.
I hope it works out for you FireGarden.

 

[firegarden]

I seriously doubt there has been a case along those lines, but I will research that as well. She indicated that this whole issue was started by a bird! Clearly it states in my law book no animals are allowed. I think they are going to try to put aquariums under that umbrella. The inspector even pointed out-they are contained, closed lid. Nobody is having any contact with them in any way. It is amazing to me that seven people (the Board) all agreed on this ludicrousness! The fact she sees it the way we do is a temporary saving grace. Nonetheless, I don't want to see this 'new law' created out of ignorance!
Here's another thought. I dare say the Beta in the vase with the plant craze might be spawning some of this. You know what I'm talking about? A physical therapist told me there has been some controversy over those at the hospital she works at. They don't want them 'cleaning' those themselves. I admit I've seen some of those get really nasty, it breaks my heart. Again, my tank is closed, those vases are not...

 

[broomer5]

and I'm sure your store tank is immaculate !
Bummer for sure - good luck on your quest !

 

[blutang]

If they are allowed in hospitals, how can they ban that in a non-health care facility...the law is crap and I would fight it tooth and nail.

 

[shadow678]

When you put your case to the proper authorities, educate them on the difference between birds and aquariums. Birds are KNOWN disease carriers, and have been proven to be contagious simply by being in the same room. Aquarium-related diseases are so few and far-between that it is absurd to assume that simply being around one could cause contamination. If aquariums were so dangerous, why on Earth would any of us be aquarium owners, much less LFS owners/employees? Would I have to pay my employees hazard pay if this were true? My only concern is the safety of the fish. If it is true that it is always closed tightly and you make SURE that nobody inadvertently uses any aerosol sprays near the tank, then I say you should certainly be allowed to keep your tank. Had they brought up the issue on the premise that it could be considered cruelty to animals to have one in a potentially hazardous environment where tank contamination were a threat, I would be forced to agree with them. But on the basis that it could make your customers ill, they need to get real. Give them hell, and if they want to come back later and try it under different reasons and waste more taxpayer money on frivolous things, so be it.

 

[firegarden]

Thank you again, for the replys and concerns!!!
Just to assure you...I considered the realistic issue of the safety of the tank before I ever started the hobby. The top of my tank is ALWAYS closed, and I am anal about the tank! My salon is small, I typicaly work as the only hairdresser, I have one very part time hairdresser. My nail technician does not do artificial nails, so no chemicals there. I have one aerosol hair spray that I rarely use...I even consulted with the guys that do all the tanks in the businesses here. They praised me on my immaculate practices...trust me...the fish are safe! I would never deliberately endanger an animal of any kind, and have enough wits to know it could be an issue if handled carelessly!
Ya'll MUST be thinkin' we ALL have big hair do's here in Alabama, with lots and LOTS of hair spray!!!

 

[j. hoss]

I could see banning tanks with TURTLES in them- they have been shown to carry salmonella. But I have 4 turtles and use common sense- wash with soap & water after touching them- especially my kids. I've never had a problem. Anyway, good luck to you!

 

[eclipseagent]

I would also claim them to be a stress reliever for the workers and customers alike. Fish are scientificly proven to reduce stress levels, this making the workers work better and in a better mood. So look use it against them, tell them the tank is good.
ALso I would use the points you have stated before.