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Amicus Brief Challenges Unfair Licensing Requirements for Arizona Small Business

Amicus Brief Challenges Unfair Licensing Requirements for Arizona Small Business

February 10, 2026

NFIB argues that the law is unconstitutional and disproportionately harms small businesses

PHOENIX, Ariz. (Feb. 10, 2026) NFIB, the nation’s leading small business association, filed an amicus brief in the case Greg Mills and Southwest Engineering Concepts, LLC v. State of Arizona at the Arizona Supreme Court. This case concerns the state’s registration requirements for small engineering businesses.

“A small business owner should not have to get additional licensing to do the same work they would do while working for a bigger company, yet the law allows an exemption for large companies while requiring smaller entities to complete a burdensome, arbitrary registration process to do the same job,” said Chad Heinrich, State Director for NFIB in Arizona. “This requirement is an example of the unfair red tape that so often hinders small businesses more than their larger competitors. NFIB asks the Court to recognize the obstacles these regulations place on people opening and running their own small businesses.”

NFIB filed the brief with the Goldwater Institute. Our brief highlights how the Arizona Board of Technical Registration’s licensing requirement is unconstitutional because it restricts economic liberty. We argue that economic liberty, or the right to work to provide for oneself and one’s family, is a fundamental right in Arizona law.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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