No Design Legislation

Opposing interior design legislation everywhere

New Video – Free to Design: Florida Entrepreneurs Take On the Interior Design Cartel

New video about the lawsuit challenging Florida’s anticompetitive interior design law.

The Institute for Justice’s Clark Neily explains the growth of red tape and licensing laws which have led to an explosion of governmental controls on occupations that were never regulated before. Legislation has always been abused as a weapon to suppress competition, starting with attempting to prevent African Americans from getting a leg up, to now restricting many other people from working in the fields of their choice. It’s an ugly history that has been continued now as a tool of special interest groups who want to exclude others.

In fact, as David Harrington of Kenyon College explains, this sort of legislation is also most likely to exclude minorities and midcareer job changers. See “Designed to Exclude” for more information on this.

Can you say “discrimination”? And “antithesis of the American Dream”? Sure, I knew you could.

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September 3, 2009 Posted by | Florida, Texas | , , , , , , , , , , , , , , , , , , , | 2 Comments

Congrats, TX- HB2649 Amendment Practice Act Language Deleted!

Senator Averitt has agreed to remove the lighting design amendment from HB 2649! The crisis has been averted – for now. But this is going to come back later.

From the LightNow blog:

============================================

Message from Marsha Turner, IALD Exec. VP, on Texas HB2649

Excerpted from IALD Reflections, the newsletter of the IALD:

Thank you, all of you, who took the time to weigh in on this issue. Your efforts, and those of our colleagues in the entertainment lighting industry, and members of the ALA, ESTA, IES and many other organizations, have paid off. I am pleased that we were able to mobilize so quickly and in such concentrated fashion. This effort demonstrates very clearly the power of a collective voice.

Now that Senator Averitt has agreed to remove the language from the bill, we need to send heartfelt and sincere thanks to those Texas legislators who received our vociferous protests. May I impose upon each of you to craft an appropriate message and send it on behalf of yourself or your company? It will go a long way toward helping ease future relations with the Texas decision-makers when we go back to the table and continue our discussions with them.

No one thinks this is over yet; far from it. This portion of the saga has been concluded in our favor, and that’s a big victory because the situation would have been very different, and very difficult, had things gone the other way. We should not belittle or downplay the effort that it took to achieve this “stay of execution” because it took hundreds of people and significant coordination among IALD, the ALA, ESTA and other organizations to put their collective influence, and that of their members, into play. What was accomplished here has never before been attempted or accomplished by the IALD.

It is correct for us to “celebrate the moment” just as it is correct for us to be working with Senator Averitt and the other Texas legislators to participate in the work that will happen after this. Which we are; those conversations have already begun. We will of course keep the membership informed.

Congratulations to all of you for a truly significant achievement.

=================================================================================

It’s not over until it’s over, though. Craig DiLouie reports that he received a message explaining that Senator Averitt added this language to the bill because, “…residential builders… in [his] district had complained about people representing themselves as lighting designers, selling bad equipment that did not perform, and producing a loss for the builders. Apparently, the Senator had no idea that there was a legitimate profession called lighting design and that the bill would damage it”.

That said, the Senator still thinks there’s a need for regulation, so even though he’s deleting the current language from the bill, he’s going to add a requirement for the Texas Department of Licensing & Regulation to study the issue and propose some kind of regulation for the next legislative session two years from now.

Craig hopes that they will work with IALD on this, but obviously the entire design community has a stake in all of this, so it’s going to require ongoing work by all of us to keep the legislative wolf at bay. I would hope that IALD will join with all of the rest of the organizations already actively fighting anticompetitive design legislation such as NKBA, the Institute for Justice, IDPC, NAHB, and many others.

May 29, 2009 Posted by | Texas | , , , , , , | Leave a comment

TX Attempts to Pass Partial Practice Act/Lighting Design Amendment – Action Needed!

From Jennifer Perkins of the Institute for Justice:

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Things (as always) can be sudden and move quickly with regard to information on the legislative front. It now appears that Senator Kip Averitt is the original source of this amendment.

Please focus your efforts on contacting Senator Averitt ((512) 463-0122)) and Gov. Perry ((512) 463-2000) in order to stop this effort.

Also, please remember, while it is perfectly appropriate to be passionate and concerned in contacting lawmakers, it is also very important to be courteous and civil in order to be effective.

Thanks so much.
________________________________________
From: Jennifer Perkins
Sent: Thursday, May 28, 2009 12:11 PM
To: (redacted)

Subject: ALERT: TX attempts to pass partial interior design practice act

Importance: High

Greetings, friends.

In an unfortunate turn of events, an amendment has been made to a bill in the Texas Legislature to implement a partial practice act that would affect interior designers. HB 2649 is an unrelated bill regarding insurance coverage (so be aware that the bill sponsor, Rep. Callegari, is NOT the source of this amendment). Sen. Deuell has used this bill as a vehicle for the amendment which would basically require you to have a license as either an architect or a landscape architect or to become a registered interior designer in order to create ANY plans or design work related to lighting and lighting fixtures indoors and outdoors.

If your do any lighting design work, you would have to be a registered interior designer (or licensed architect or landscape architect) to continue doing that work.

There is still time to stop this from becoming law, but it is IMPORTANT that you act now.

HB 2649 has already passed the House and Senate, but because different versions passed the to legislative bodies, a “Conference Committee” will meet to agree on the final bill language.

You can help by:

1. Contacting Senator Deuell’s office to let them know you OPPOSE the lighting design amendment to HB 2649—not the bill itself, but rather the amendment requiring licensure to prepare lighting design plans. 512-463-0102.

2. Contact the Senate and House leadership offices so that legislative leadership will know there is significant opposition to this amendment—they will appoint the members of the Conference Committee; also contact the Governor’s office:

a. Speaker of the House Rep. Strauss: (512) 463-1000
b. Lt. Governor David Dewhurst: (512) 463-0001
c. Governor Rick Perry: (512) 463-2000

3. Contact the Senator and Representative that are from your home district to let them know you OPPOSE the amendment to HB 2649 relating to lighting design work. Even if these folks are not on the Conference Committee, your representatives should be aware of legislation that will negatively impact their constituents. You can find out who your representatives are and how to contact them here: www.fyi.legis.state.tx.us.

These contacts should be made ASAP in order to have a significant impact on the amendment to HB 2649. Also, please share this with other individuals you know who may be affected, for example anyone involved in industrial lighting design, theater lighting design, etc.

Thank you!
Jennifer

Jennifer M. Perkins, Staff Attorney
Institute for Justice Arizona Chapter
398 South Mill Avenue, Suite 301 Tempe, Arizona 85281
(480) 557-8300 * jperkins@ij.org
Litigating for Liberty: www.ij.org/arizona

May 28, 2009 Posted by | Institute for Justice, Texas | , , , , , , , , , , , , , , , , , , | 1 Comment

TX Designers’ Constitutional Rights Restored!

Interior Design Protection Council

Congratulations!

No longer illegal to use title “Interior Designer!”

Celebrate restitution of your Constitutional right!

Members of the Texas design community:

Today, May 12th, Governor Rick Perry signed HB 1484 into law. This bill amends the current title act which previously restricted the use of the title “interior designer.”

YOU ARE NOW FREE TO USE THAT TITLE
WHICH ACCURATELY DESCRIBES THE WORK YOU DO!

The amended law will restrict only the title “registered interior designer” to those who qualify under the previously established guidelines.

This amendment was in direct response to the May 2007 lawsuit filed by the Institute for Justice challenging violation of Texas citizens’ First Amendment rights, and followed right on the heels of the ruling of the Fifth U.S. Circuit Court of Appeals ordering the Texas Board of Architectural Examiners to stop enforcing a state law that prohibits people who lawfully perform interior design services from referring to themselves as “interior designers.”

So go ahead, Texas designers — celebrate your freedom! It’s been a long time coming and you deserve it!

1. The Board is prevented from enforcing the restriction against the terms “interior design” and “interior designer.”
2. Restrictions against using these terms will no longer exist in Texas.

State of Texas’ violation of interior designers’ free speech rights is OVER!

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Thank you IJ, for restoring the rights of thousands of Texas designers!

We won this round but the fight is NOT over. We have reason to believe that TAID is still planning to introduce their practice act again next year. They just won’t take “NO” for an answer…

Help IDPC put their monopoly effort down for the count by
joining our team!

If you have any questions, please feel free to contact us at info@IDPCinfo.org.

Patti Morrow
Executive Director
Interior Design Protection Council

IDPC is the only national organization solely dedicated to protecting the rights and livelihoods of the design community.
Please support our efforts!
Click here to become a member of IDPC.
Join Our Mailing List!

May 18, 2009 Posted by | Institute for Justice, Texas | , , , , , , , , , , , | Leave a comment

Is Your Interior Designer *Really* Putting Your Life at Risk?

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Reason.tv’s Nick Gillespie went looking for dead bodies, and for an explanation for why the state of Florida launched a legal case against Younts. State regulators demand that she obtain a license, a license she says she doesn’t need, a license that could cost her six years and hundreds of thousands of dollars.

Do licensing laws protect consumers from death and destruction or, as the Interior Design Protection Council argues, do they protect licensed designers from competition? Should Younts be stripped of the career it took her decades to build? Should President Obama be worried about his interior designer, the unlicensed Michael Smith? Watch the documentary below, then you decide…

Written and produced by Ted Balaker. Director of photography is Roger Richards.

April 2, 2009 Posted by | Alabama, ASID, Florida, Georgia, Interior Design Legislation Opposition, Interior Design Protection Council (IDPC), ncidq certification licensing, Texas | , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment

No Harm from Unregulated Interior Designers in Texas Says Marilyn Roberts

You can tell she knows she’s cornered. And this is despite actively soliciting examples – for two years.

Please Digg this!

March 17, 2009 Posted by | Institute for Justice, Texas | , , , , , , , , | Leave a comment

No Documented Cases of Unlicensed Designers Creating Safety Hazards

Thousands of designers in Texas rally against possible legislation that would prohibit unlicensed designers from doing commercial projects, and would put at least half of the state’s 10,000 designers out of business.

And Marilyn Roberts, ASID, the president of the Texas Association for Interior Design, which along with ASID is responsible for promoting anticompetitive legislation in Texas, also admitted that there is “no documented case she knows of in Texas where an unlicensed interior designer created a safety hazard“.

Read the full story and watch the video here: http://www.kxan.com/dpp/news/local/Interior_designers_rally_for_rights?disqus_reply=6433417#comment-6433417.

February 20, 2009 Posted by | Institute for Justice, Interior Design Legislation Opposition, Texas | , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment