No Design Legislation

Opposing interior design legislation everywhere

Second Group of ASID Members Resign in Protest over ASID’s Support of Interior Design Legislation

Thanks to the Interior Design Freedom Coalition blog for the following post.  I’m a little behind in updating my blog.  And I’m really, really sad that, as stated, “ASID is not the organization it once was”.

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We just received a copy of this letter from IDPC

www.idpcinfo.org

ASID RESIGNATIONS
-GROUP 2-

January 16, 2009
Michael Alin, Executive Director
The American Society of Interior Designers
608 Massachusetts Ave., NE
Washington, D.C., 20002

Dear Mr. Alin:

Once again Allied designers have come together to state the reasons for their dispute with ASID and to resign as a group in protest of the organization’s policies and practices.

Despite the fact that ASID leadership thinks it knows better, designers who have been practicing for years understand what they do for a living and how clients react to their work. And what they know is that they are not endangering the health and safety of the public, nor are they prevented from practicing by the IBC – both simply serve as excuses for licensing.

What they also know is that licensing is totally unnecessary, and basically a device that is used by ASID and its testing partner, NCIDQ, to DISQUALIFY, not qualify, designers through legislation, and through NCIDQ requirements that cripple designers’ ability not only to take the test, but to pass it as well.

Most designers have absolutely no desire and see no reason to take the NCIDQ. Nowhere has it ever been proven that designers who take it are any better than those who don’t. Many of the most accomplished, famous designers in the world (notably those often featured in Architectural Digest) have never taken the test and certainly don’t need to. What they have is talent, plus the ability to be creative and visionary. Techno-engineering is not what we want to study and it’s not what we want to do. But this is what ASID is trying to force upon us.

We see increasing comprehension and anger from young design graduates who were fed on the milk of ASID’s policies from an early age, and were uneducated as to how these policies would negatively affect their careers. They are now coming to understand how ASID’s methodology will keep them from moving on up into the so-called professional ranks. NCIDQ’s requirement for years of what many young designers are calling “indentured servitude” makes it impossible for anyone coming out of school to immediately take the test.

And the lack of NCIDQ-certified designers who could or would hire these young graduates into that required indentured servitude makes even the possibility of taking the test very unlikely indeed.

Many young designers have simply abandoned the desire to take the NCIDQ and are taking other roads – which is apparently another way that ASID deliberately decreases the ranks of future interior designers.

Additionally by requiring young designers to work only with NCIDQ certificate holders (few that there are) they also deny them the possibility of working with the top designers in the world who are not NCIDQ-certified.

Once again, we are appalled by the situation unfolding in Florida, which, sadly, has provided a glimpse into the real future of the meaning of design legislation.

If it has been your goal to cut the ranks of interior designers in Florida, you have succeeded
If it has been your goal to restrict decorators to the bare minimum of “legal” services where they would be less competitive, you have succeeded
If it has been your goal to use the Florida practice act to cause much pain in the design community in Florida, you have succeeded
If it has been your goal to cause Florida designers to operate in a state of fear, you have succeeded
If it has been your goal to penalize and exact huge fines against interior designers and collateral trades just trying to do business as they were used to doing, you have succeeded
If it has been your goal to destroy the ability to design in freedom in Florida, you have succeeded.

It is, however, our goal to inform designers of the type of restrictive actions heading their way if they allow ASID to pass legislation in dozens of states where legislation is slated to be introduced. And it is our goal to make sure that you never succeed in forcing this legislation on the design community, causing this type of damage to our fellow designers again.

Designers no longer feel that ASID’s dues represent a good value. In letters written by Allied members, they cited over and over again the fact that better information could be had over the internet, that Connex is worthless because of extensive censorship, that mandatory dues force people to pay for lobbying efforts they do not support, and that ASID does not do what it should to promote designers (especially Allied designers). Most agree that they can buy their own magazines, and for far less than $440 a year!

And perhaps the most important reason of all is that clients simply don’t care whether prospective designers are members of ASID – only that they like their portfolios, feel comfortable with the designers and agree with the proposed financial arrangements.

Additionally, ASID’s claim that it promotes the interests of Allied members is particularly ludicrous since other than paying dues that support lobbying for legislation that will put us out of business, the Society seems to have no use for us. Cited over and over are the elitist attitudes that permeate leadership and chapters around the country, creating an uncomfortable and unwelcome atmosphere for Allied members who are looked upon as second-class citizens.

Just because a designer passes the NCIDQ test and serves an NCIDQ certified practitioner for a number of years, does not make that designer a professional, nor does it entitle those designers to take an elitist attitude that is unwelcoming to others within the same organization who are not NCIDQ-certified.

Professional designers are those whose vision and creativity evolve over time, and who serve their customers successfully with expertise that is derived from any number of different sources, and these professionals include people who are self-taught through their own hands-on experience. “Professional” status is something designers earn through the quality of their work in the competitive arena of a free market – it is not something that can be conferred simply by passing a test or obtaining a government-issued license.

ASID will continue to lose members as long as it pursues professional licensing through legislation; as long as it continues to lose credibility by misrepresenting to its membership that licensing is necessary and good for the profession; as long as ASID continues to deny that licensing will put thousands of designers out of business; as long as it continues to ally with NCIDQ to disqualify designers from practice; as long as it continues its elitist attitudes; as long as it continues to mislead newcomers about their future in design; as long as it continues to deny designers who disagree with policy a voice; as long as it continues its policy of mandatory legislative assessments; and as long as it continues to promote its dictatorial policies, while denigrating its own membership.

ASID is not the organization it once was. We see that clearly, and have no desire to continue our membership.

And so we are resigning.

Thomas M. Bauer, #29892, Indiana
Paula Bertucci, #52512, California
Denise Bressler, #1485955, Florida
Edith Clamen, #42256, New York (previously resigned for above reasons)
Diann Gibson, #1226118, Florida
Starr Gobtop, 1868762, Illinois
Amy Hart, #1503605, Virginia
Melodie Hunt, #39056, Missouri
Patrick Mallaley, #1894927, Canada
Carolyn McComber, 1538456, Florida
Nicole Mitchell, #1527699, Pennsylvania
Emily Nagel, #1860696, Washington (state)
Richard Parker, #1480188, Florida
Deborah A. Rodeghier, #1485759, California
Kelly Savell, #1551058, Tennessee
Janet Schmierer, #1238256, New Jersey
Cricket Seal, #2440, Texas
Mimi Swerdlow, #1223205, Connecticut
Margaret Vogt, #84751, North Carolina
Corey Zucker, #1222704, New York

cc: Bruce J. Brigham, President
Board of Directors:
Bruce Goff
Charrisse Johnston
Doug Hartsell
Lisa Henry
Mary G. Knopf
Rachelle Schoessler Lynn
Stephanie Clemons
Sybil J.B. Van Dijs

February 18, 2009 Posted by | Interior Design Legislation Opposition | , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Don’t Let Codes Scare You

Why the IBC is not a threat to your right to practice.

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Now that’s SCARY!

Interior Design Protection Council October 31, 2008

IBC. . .
It’s the new “HSW” flag to wrap around legislation

pirate flagBecause the resistance movement has been so successful in debunking, disproving and defeating interior design regulation based on ASID’s two past platforms (1) protecting the health, safety and welfare of the public, and (2) enhancing the stature of the profession, we are beginning to see a new tactic emerge.  It goes:

The IBC (International Building Code) allows only “registered design professionals” to prepare construction documents for building permits, and therefore interior designers are prohibited from performing their full scope of practice unless they are licensed.
We believe this will be the basis for many of the 2009 proposals to enact or expand legislation.   Don’t be alarmed!  Like the previous unsubstantiated reasons for legislation, this tactic is equally spurious and devoid of factual basis.

Please take the time to read the analysis below, so that you can continue to discredit their rhetoric by providing the truth and facts.

The IBC (Sec. 106.1) does NOT require that all construction documents be prepared by registered design professionals.  What it actually says is the following: “[C]onstruction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed.” (emphasis added)  The IBC defers completely to state law as to whether or not construction documents must be prepared by an architect or an engineer or may be prepared by anyone else including interior designers.

There is an important reason why all interior designers should be very scared about the IBC argument and ASID-sponsored legislation.  If ASID is to be successful in its argument, then ASID will have to shape its legislation to “require” that construction documents be prepared by a “registered” interior designer. Remember, the IBC says that construction documents shall be prepared only by a registered design professional if “required” by state law.  By placing this “requirement” in their legislation, ASID will exclude all non-licensed interior designers who don’t qualify, can’t afford to, or simply don’t want to become licensed and they will not be able to prepare construction documents.  Now that will result in only a small minority of designers having access to full scope of practice.

Of course, the extent of the “construction” is what is and should be at issue from everyone’s point of view.  Code officials are given discretion over what is and what is not in their jurisdictions.  If the documents contain plans which the construction code enforcement official deems to affect the public safety, they have every right to and should require the documents be prepared by an architect.

The essence of all of this is that as long as an interior designer’s plans meet local officials’ approvals, and the designer is not practicing architecture, we designers have nothing to worry about. . .  now.  But we will have a lot to worry about with the ASID legislation!

Citing the IBC is a red herring and a scare tactic.  Interior designers have practiced effectively without the need to be regulated for decades.  The truth is that regulation will seriously impede the ability of the overwhelming majority of non-licensed interior designers to continue earning their livelihoods.  No state now or ever has treated the kinds of interior design, space planning, materials selection and the like that most interior designers do as “architecture” because it isn’t even close to “architecture.”  It is only a very small group of interior designers who want to practice “interior architecture” independently without meeting the rigorous education, training and examination requirements that architects must meet in order to become licensed.  The existing livelihood of interior designers is not threatened by the absence of licensing, but for most interior designers their livelihoods will most certainly be threatened by licensing.

There is no empirical evidence whatsoever of interior designers having trouble preparing drawings where those are needed by the client – even in California, where the IBC issue was the main rationale behind the failed practice act earlier this year.  Simply put, this is nothing more than an attempt to scream “fire” where there is none. It is just a frantic scramble for a new argument because legislators are repeatedly rejecting their old rhetorical mainstays of “protecting the public” and “enhancing the profession.”

In summary, the true motive behind the fight for licensure and the statutory right to prepare and seal construction documents is nothing less than an attempt to circumvent the rigorous standards of architecture licensure by blurring the lines between “interior design” and “architecture” and carving “interior architecture” out of “architecture.”  Unless the improper practices of a trade or profession impact substantially on the health, safety and welfare of the public, there is no reason to create the bureaucracy and incur public costs to license its practitioners — as well as private licensure fees for the practitioners.  No one has even attempted to make the case that we interior designers pose a threat to the public, and of course they could not do so.  The unlicensed practice of architecture, including unlicensed individuals practicing “interior architecture,” will put public safety at risk.  Creating that bureaucracy and incurring those costs to license interior designers will also put the great majority of interior designers at risk of their livelihoods.

If the pro-regulation designers want to practice interior architecture, then the onus is on them to complete the education, experience and examination required to be licensed as an architect, and STOP trying to morph interior design into a profession it was never intended to be, is not wanted, and provides no benefits to designers or consumers.

Join your colleagues at IDPC as we continue to expose the rhetoric, misinformation, and blatantly false information perpetrated by the Cartel.

2009 Legislation
Are you ready to take on the boogyman… again?
According to the ASID Connex blog:
“There are currently 31 states with active legislation in progress or coming up in ’09”
As we previously predicted, this will make 2009 an unprecedented year in facing down legislation.
CockroachSince 22 states already have some type of state-imposed regulation, this means that some of these states will be victims of ASID’s incremental licensing scheme.  Like cockroaches, these bills which return year after year are difficult to kill.
Many other states that currently have NO regulation will also be facing new anti-competitive regulatory schemes.
Odds are in favor for legislation to be introduced in YOUR state.
ARE YOU PREPARED TO PROTECT YOUR

RIGHT TO PRACTICE?

Or are you going to just sit back and watch ASID and their funded-coalitions destroy your livelihood?
Do you want to fight the Cartel year-after-year, as they seek to monopolize your profession?
If not, join IDPC as we endeavor to save YOUR business!
It’s the best $100 investment you’ll ever make!

ASID Renewals
Application atrocities!
Allied members,
Have you read the renewal application? If you have, you should be VERY CONCERNED about these statements:
“By renewing my dues I agree to abide by the Society’s Bylaws and Code of Ethics, support its objectives, pay the established dues and fees, and work toward maintaining and enhancing the prestige of the interior design profession.”
Do you support their objective — legislation that does not include Allied members, who are not viewed as “professional?”  What they fail to disclose is that legislation could put you at a competitive disadvantage or even restrict your ability to practice altogether.  But don’t take our word for it, read any of the bills and see for yourself.
“Mandatory Legislative Assessment…..$15”
Even if you do not support their militant push for legislation because it would negatively impact your ability to practice and livelihood, Allied members have NO CHOICE and NO VOICE! You pay, or you’re out!
“ASID estimates that six percent of your dues are not tax deductible as a business expense because of the Society’s lobbying activities on behalf of its members.”
Exactly what lobbying activities are they engaged in that will benefit Allied members?  Certainly not lobbying to have all 50 states encumbered with regulation, the criteria for which excludes all Allied members?
“The [ASID] Foundation helps support research, scholarship, and education by supporting CIDA and others.”
And yet, ASID claims that it has no connection to CIDA…  Ludicrous!  CIDA was “established in 1970 through a joint effort of interior design organizations.” (ASID A History of the Profession) CIDA-accredited interior design programs account for only 155 of the approximately 528 total interior design programs in the U.S. (ASID Facts and Figures)  Since there is no evidence that graduates from CIDA schools are any better prepared or become more successful than those from other schools, why the bias?  Is there any doubt that ASID, CIDA and NCIDQ (incorporated in 1974 by ASID (then AID) and NSID) are working together to establish their minimum standards to practice, thereby creating a cartel?
We urge you to take a close look at the goals and practices of ASID… and then join IDPC if you want to protect your right to practice.

About Us
Interior design is a dynamic profession that celebrates innovation, creativity and diversity.  ASID’s attempt to impose its one-size-fits-all occupational licensing scheme on the profession could not be more contrary to those values.
IDPC is the only national, nonprofit organization exclusively dedicated to protecting the rights of honest, hard-working designers in all 50 states.
Isn’t it time for you to become active and help us resist and repeal anti-competitive, unnecessary interior design regulation?
We can’t do it alone.  We need your help to stop ASID from creating a cartel in which you will not be included.  Join us.
Happy Halloween!
signature-B&W

Interior Design Protection Council
91 Reserve Place
Concord, New Hampshire 03301
Interior Design Protection Council

603.228.8550

In This Issue
IBC? It’s the new HSW
More 2009 legislation!
ASID Allied renewals

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October 31, 2008 Posted by | Uncategorized | , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment