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  • Technically, this is not a final order, and it could be withdrawn by the judge at a later date.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 Bottom line, we are telling people that while there is a possibility that the order could be withdrawn, the odds of that happening appear very small.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

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