In a landmark decision that supports economic liberty, Fulton County Superior Court Judge Robert C.I. McBurney ruled that the City of South Fulton improperly denied Awa Diagne’s permit to open a hair braiding shop.
The ruling comes after the City Council voted against approving Diagne’s permit, citing concerns about competition for a nearby salon, an argument that the judge found unconstitutional.
Awa Diagne, an immigrant from Senegal, had been working as a braider for years to support her family. After the tragic loss of her husband to COVID-19, Awa moved to South Fulton and sought to open a new braiding business close to home.
Despite receiving approval from the planning and zoning commissions, the South Fulton City Council voted against her permit, with members arguing that her business would hurt the local salon’s profits.
Diagne, determined not to let the setback derail her dreams, filed a lawsuit with the Institute for Justice (IJ) in August.
“I am so grateful that I’m going to be allowed to open my braiding shop,” said Diagne. “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.”
Judge McBurney ruled that the City Council had abused its discretion, noting that the sole reason for denying the permit was the desire to protect the interests of a politically favored business.
The judge’s decision echoes a 2023 ruling in a landmark case by the Georgia Supreme Court, which stated that protecting one business from competition is not a valid reason to infringe on a person’s right to earn a living.
The ruling is a significant victory for economic liberty, affirming that individuals have the constitutional right to pursue lawful occupations without unnecessary government interference.
“Today’s ruling affirms that economic liberty is alive and well in Georgia,” said IJ Senior Attorney Renée Flaherty.
For Diagne, this decision marks a triumphant moment in her long journey from Senegal to South Fulton.
Now, she can finally open her braiding shop and continue her work in the community, supporting her family and fulfilling her dream of owning a business.
