No Design Legislation

Opposing interior design legislation everywhere

FL Barred From Enforcing Title Law Provisions!

Florida judge defends designers’ First Amendment rights! This is yet the latest example of the courts upholding our right to call ourselves interior designers without restriction, and to freely advertise exactly what we do. The dominos are falling one by one, but more and more quickly now. Spread the word!


From Clark Neily of the Institute for Justice:

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Great news in the Florida interior design case! Yesterday Judge Hinkle entered a preliminary injunction order ordering the State Board to stop enforcing the title provisions of Florida’s interior design law. I have attached a copy of the order, but here’s what this means in practical terms:

  • Anyone who is lawfully performing interior design services in Florida may now use the terms “interior designer,” “interior design,” “space planning,” etc. to describe themselves and their work. There is no requirement to preface those terms with the word “residential.”
  • While the order is en effect, the State Board may not proceed with any enforcement action that have already been commenced.

  • Technically, this is not a final order, and it could be withdrawn by the judge at a later date. Given the particular facts of this case, however, I consider that extremely unlikely, nor would it happen overnight. Bottom line, we are telling people that while there is a possibility that the order could be withdrawn, the odds of that happening appear very small.

  • The order does not affect the practice-related restrictions of Florida’s interior design law, which means that non-licensees are still limited to performing residential interior design services only. We will now turn our attention to the law’s practice restrictions, which will be a more challenging — but very exciting — effort.
  • We encourage all of you to publicize this development through whatever networks or contacts you might have… But in terms of telling people informally about the injunction order and what it means, please don’t hold back — it’s important that we get the word out about this far and wide.

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Here’s the text of the actual order:

(You can also find the order as a PDF here. Please forward it far and wide.)

Case 4:09-cv-00193-RH-WCS Document 32 Filed 08/07/2009 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
Tallahassee Division
EVA LOCKE, et al.,
Plaintiffs,
v.
JOYCE SHORE, et al.,
Defendants.
Civil Action No.
4:09cv193-RH/WCS
PRELIMINARY INJUNCTION
THIS MATTER is before the Court on the parties’ Agreed Motion For
Preliminary Injunction. Upon consideration of the motion and the representations of
counsel and it appearing to the Court that the Motion is well taken,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. The First Amendment protects people’s right to speak truthfully about services
they lawfully perform. This includes advertising that uses terms that accurately describe
services a person legally provides and that accurately describe the person providing those
services.
2. Under Florida law, anyone may perform residential interior design services
without being licensed by or registered with the state. Accordingly, the plaintiffs and
other nonlicensees may lawfully perform residential interior design services in Florida,
and they have a right under the First Amendment to advertise those services using terms
that accurately describe themselves and the services they lawfully provide.

Case 4:09-cv-00193-RH-WCS Document 32 Filed 08/07/2009 Page 2 of 2
3. In light of the foregoing, the defendants and their officers, agents, servants,
employees, and attorneys, and other persons who are in active concert or participation
with them,(1) are hereby enjoined from enforcing the statutory restrictions on the use by
unlicensed or unregistered individuals who lawfully practice interior design of the
specific statutory terms in Fla. Stat. §§ 481.223(1)(c) and 481.229(6)(a) and any other
“words to that effect” to truthfully describe themselves and the services they lawfully
provide.
4. This agreed injunction shall remain in effect until further order of the Court,
and it is expressly understood and acknowledged by the parties that (a) the order applies
to disciplinary actions already commenced or that could have been commenced by the
Board of Architecture and Interior Design; and (b) the Board may not take action against
any person for actions taken in accordance with the agreed injunction order while it was
in effect, even if the order is later withdrawn or dissolved.
SO ORDERED on August 7, 2009.
s/Robert L. Hinkle
United States District Judge

(1) The parties’ agreed preliminary injunction would also enjoin “potential ‘affected
persons’ under Fla. Stat. § 481.223(3)(a)&(b).” They cite no authority for enjoining
nonparties in addition to those listed in Federal Rule of Civil Procedure 65(d)(2). This
order tracks the rule. Except for this change, this order is the same as proposed by the
parties.

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August 12, 2009 Posted by | Florida, Institute for Justice | , , , , , , , , , , , , , , , , | 3 Comments

Congratulations! OK Law Amended!

Interior Design Protection Council
Congratulations Oklahoma!
No longer illegal to use title “Interior Designer!”

Celebrate restitution of your Constitutional right!
Members of the Oklahoma design community:

On May 12th, Oklahoma Governor Brad Henry signed SB 592 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 bill to amend the “pure” title law was filed in order to avoid defending against the lawsuit filed by the Institute for Justice challenging violation of Oklahoma citizens’ First Amendment rights, which inevitably would have been lost by Oklahoma.

So go ahead, Oklahoma designers — celebrate the freedom you deserve!

Oklahoma’s violation of interior designers’ free speech rights is OVER!

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SPIN, DENIAL, OR PLAIN STUPIDITY?

IDPC has received a copy of a May 15th internal IIDA memorandum which attempts to claim victory for the Oklahoma amendment on that basis it amends “their existing law to include the laughingtitle “Registered Interior Designer.”

How utterly absurd to think that any intellegent, informed person would actually believe that.

Restrictions on the title “interior designer,” included in the original law, have been abolished, and in its place — NOT as an additional title to be restricted, is “registered interior designer.”

Hello IIDA! Perhaps you haven’t heard…. IDPC will expose ALL such blatantly untrue and/or misleading statements and provide the design community with the TRUTH!

Bye-Bye Title Laws!
Of the five states that enacted “pure” title acts, i.e. they restricted the use of the terms “interior designer” and “interior design,” New Mexico, Illinois, Texas and Oklahoma have been turned back, allowing designers’ First Amendment rights to be restored.

Only Connecticut’s pure title law remains — but a lawsuit challenging their law was filed by the Institute for Justice in September, 2008, and CT will almost most likely come to realize their indefensible position and join their predecessors in waving the white flag. And we will be only too happy to report that good news when it happens.

Even ASID has their white flag billowing in the breeze — their “new” legislation policy admits the title “interior designer” cannot be restricted and in defeat, have retreated from their goal of securing that title for a very tiny minority of elitist insiders.

Soon, perhaps even by the end of 2009, the United States of America will no longer be a nation that violates ANY interior designers’ rights to accurately describe the services they provide or to use the title which portrays their professional occupation.

STAY TUNED!

This has been an exciting month for our Freedom Movement, but. . .

IT’S NOT OVER YET!!!!

Thank you IJ, for restoring the rights of Oklahoma designers!

But the fight is not over. . .

Oklahoma designers, now it’s your turn to help your colleagues in the rest of the country. Help IDPC put the 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 ALL designers in our country.
Please support our efforts!
Click here to become a member of IDPC.
Join Our Mailing List!

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May 18, 2009 Posted by | ASID, IIDA, Institute for Justice | , , , , , , , , , , , , | 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