By AMY MAY/The Daily Inter Lake

A time-honored barber pole in Whitefish - an icon of small-town Americana - has been shrouded after the state ordered it covered.

The striped pole had spun in front of the Clip Joint on East Second Street from 1947 to 2006, but last week shop owner Melissa Franklin was ordered by the State Board of Barbers and Cosmetologists to cover it.

Why?

Franklin is licensed as a cosmetologist, not a barber.

Despite 20 years of cosmetology experience and 16 years of working in barber shops, Franklin cannot legally advertise herself as a barber.

According to a Montana law adopted in 2004, it is considered unprofessional conduct to use the "traditional symbol known as the 'barber pole,' or any likeness thereof, in any manner that may lead the public to believe either that barbering was being practiced in, or that a licensed barber was employed by a salon or shop that does not employ barbers."

The Clip Joint was cited during an annual inspection July 12 for having what was considered a barber pole as well as a painting of a barber pole on the store-front window - and this was Franklin's second violation of the sort, board attorney Anjeneatte Christensen said.

According to Franklin, after receiving a violation notice in 2006 she was told by the board's staff that altering the pole to anything other than the traditional red, white and blue would be sufficient. So last year, Franklin painted the words "Clip Joint" in red spirals around the white pole, creating what she calls a "hair stylist's pole."

The board rejected the altered pole, too.

As for the painting on the store-front window, Franklin said it was there when she bought the shop 11 years ago and she kept it there to preserve the history of one of Whitefish's oldest businesses.

Franklin said her business was one that fell through the cracks.

"I operated my business legally for nine years," she said, "And then this new law is created and suddenly it's illegal for me to have this pole."

Franklin had three choices: become a licensed barber, hire a licensed barber or lose the traditional pole.

On Oct. 22 Franklin made her case to the board. She requested to keep the pole based on the community's desire to keep it hanging where it has been for 61 years.

Franklin also requested the option of taking the barbering license test without completing the required 150-hour barbering course, based on her previous 16 years of experience.

Franklin's request to skip the required schooling was denied. But the request to keep the pole was neither approved nor denied, as the board simply ordered Franklin to keep the pole covered.

"It's important to note that the board made its decision based on current rules and statutes," Christensen said.

There is still confusion about what is now required of Franklin, because, according to her, the board said she could replace the striped pole with a silver cylinder and in the meantime keep the pole covered.

Christensen acknowledged that once before the board allowed a shop to keep its barber pole if it was painted silver (to comply with a city ordinance), but she said this was not the case for Franklin.

"Melissa has to cover hers until she becomes licensed as a barber or hires a licensed barber," Christensen said.

So Franklin's pole is covered.

"I'm doing all that I can to comply with the board," Franklin said. "I just want the dust to settle."

Franklin said she wants to deal with any fines or violation to clear her name, but she doesn't know what that will entail as she hasn't yet received an official copy of her violations.

In the meantime, Franklin said she is following the board's order to cover her pole until she converts it to a silver color.

Franklin insists that she would like to complete the 150-hour barbering course as soon as she can afford to take four weeks off of work. She also said there is no barber school in Montana and she has yet to find an out-of-state school that offers the required course.

As for business at the Clip Joint, it's busier than ever.

"All my clients have been supportive," Franklin said "Everyone is aware I have my cosmetology license and I'm running an old-fashioned shop. Every single client has said they will keep coming back; this will not stop them."

Nearly 1,000 clients and members of the community signed a petition in support of her keeping the barber pole.

Sen. Verdell Jackson, R-Kalispell, also has spoken out in support of Franklin and the Clip Joint.

"I think the main issue is freedom and that has been damaged," Jackson said. "I believe the board overstepped the authority given to them by state law and I am researching the possibility of carrying the legislation to correct the problem."

But the crusade to save the Clip Joint's pole is becoming less appealing to Franklin. She said she had thought she had a good chance in the battle, but now she doubts it's worth her time, energy and loss of income.

"I've worked solely in barber shops for the last 16 years. It's what I've done," she said. "I walk into work in the morning and switch on my pole and it means you're open for business."

Reporter Amy May may be reached at 758-4459 or by e-mail at amay@dailyinterlake.com