Although the state does not offer a specific training to become licensed as a makeup artist, Nevadans who teach or run makeup artistry schools must be licensed as cosmetologists or own an establishment that is run as a cosmetology school. Waugh and Robin believe this to be unconstitutional. Robin, who owns Studio W in Henderson, Nevada, states that she has worked in the field for 25 years. In addition, she worked as a makeup artist instructor for 15 years, so she wonders why this is not enough to constitute her opening up her own facility without additional training and licensing. Waugh, who owns L. Makeup Institute in Las Vegas, Nevada, is baffled as to why she cannot open up her own makeup artistry school either, since she has 20 years experience working as a makeup artist and 10 years teaching her art.
The women argue that they are teaching people to work as freelance makeup artists, which is very different from working as a cosmetologist. Waugh declares that the field of cosmetology entails much more than just makeup artistry, which means she would have to take irrelevant classes. She also claims that the laws would force her to teach irrelevant material in her school, plus she would have to buy unnecessary equipment in order to remain in business.