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  • Technically, this is not a final order, and it could be withdrawn by the judge at a later date.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 Bottom line, we are telling people that while there is a possibility that the order could be withdrawn, the odds of that happening appear very small.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

IIDA Student Blog Censors Legislative Map Correction Post

6/8/09 Update – I was contacted by IIDA about this post, told I’m not blocked from commenting on the blog, and was invited to repost my comments – see comments below.  My apologies to IIDA if I was in error about that, but my comments about the problems with the out-of-date map still hold.

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I just tried to post the message below on the IIDA Student Blog about the out of date IIDA map of design legislation (same as the one ASID uses) and it got rejected. Not just rejected, as in not posted, but it brought up a “discarded” error message the moment I posted it, which means they’ve got the blog set to automatically reject any postings from me.

Why are these people so afraid of what we post about opposing design legislation?

Oh, wait, that’s right – the pro-legislation cartel doesn’t have a shred of evidence to back up their position, so they have to try to shut up those of us who can back up ours, so that their unsuspecting members aren’t diverted and won’t see that the emperor truly has no clothes.

What’s more, it’s apparently an intern at IIDA who’s running this blog – clearly a student herself – even though she has apparently declined to name herself or put up a bio. She menti0ned the fact in this post, though. What does she know about the realities of all of this?

Sweetheart, you need to grow up, get a life, and learn that informed decisions can only be made when people are aware of all of the issues, on both sides of the matter. Censoring the opposite point of view like this only demonstrates a small, closed mind, and that will not get you far in life. That is also a favorite tactic of the fearful who know they don’t have a leg to stand on.

But students (and others) need this information, even when their own peers as well as their instructors are trying to snowball them and keep them from learning both sides of the issue and the truth.

The proper role of education is to inform, teach students how to learn and reason for themselves, and to draw out their own conclusions, based on all available information. It is not to censor one point of view in favor of another, to attempt to restrict a students’ access to information they need in order to be able to formulate their own thoughts.

Students, you really need to demand that your schools and instructors not only allow but encourage the dissemination of information on both sides of this issue. Once you read the facts, you will discover that things are not nearly as cut and dried as the pro-legislation cartel would like you to believe. Follow the links on this blog on on the IDPC website, read everything you can, including every word of any legislation proposed in your own states, and the first-hand reports of people who have been harmed by this kind of legislation, and then make up your own mind.

And if neither IIDA nor ASID keep their legislative maps up to date, and neither are willing to admit it when their pet laws and legislative attempts are defeated, as they mostly have been, then how can you trust anything else they tell you on this subject?

Far and away the majority of allied members of ASID who have bothered to fully inform themselves have concluded that legislation will not only not benefit them, but will only harm them and put them out of business – what makes you think that you will fare any better right out of school?

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Why does IIDA persist in posting this out of date map? Among other things:

1. The Alabama practice act was struck down as unconstitutional in 2007 – http://www.nkba.org/press_releases_20071022.aspx

2. The New Mexico title act was also struck down as unconstitutional – http://www.ij.org/index.php?option=com_content&task=view&id=716&Itemid=165

3. The Oklahoma title act has been amended so that anyone can still use the tile “interior designer” – https://nodesignlegislation.wordpress.com/2009/05/18/ok-no-longer-illegal-to-use-title-interior-designer/

4. The proposed Tennessee practice act legislation was withdrawn due to opposition, and is thus no longer pending – https://nodesignlegislation.wordpress.com/2009/05/11/tennessee-practice-act-withdrawn-by-sponsor-due-to-opposition/

5. The list goes on.

Please see the IDPC website at http://idpcinfo.org and the No Design Legislation blog at https://nodesignlegislation.wordpress.com for more details on these and other states, and to keep up on the most recent changes, as they happen, complete with links directly to the actual sources, actual text of proposed and existing laws as well as judicial opinions, etc., where you can read it all for yourself, right from the horse’s mouth.

June 5, 2009 Posted by | ASID, IIDA, New Mexico, Students | , , , , , , , , , , , , , , , , , , , , | 5 Comments

Florida Design Law to be Challenged!

See press release below:

To view as a webpage: click here

Interior Design Protection Council

Finally!
It’s time for the Florida cartel to face the music!

And your support is needed!
THE INSTITUTE FOR JUSTICE
is taking on
THE FLORIDA INTERIOR DESIGN CARTEL!

This could be the most important event in the future of interior design. Come and be a part of history in the making! Attend the press conference and RALLY. . .

Design Community: Click here for FLYER with rally date, time and details

Media: Click here for PRESS RELEASE

Blog: Click here to COMMENT

Forward this issue to a Friend

Please download and print copies of the flyer and post them EVERYWHERE!

— especially in showrooms and vendor locations —

Colleagues, please join the fight for our rights and freedom to design

With your help, we CAN resist or repeal legislation that restricts your practice or right to call yourself “interior designer” in every state — including YOURS. You can help 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!

==============================================================
INTERIOR DESIGN PROTECTION COUNCIL

91 Reserve Place, Concord, New Hampshire 03301 Phone: 603.228.8550 Fax: 603.229.1339 http://www.IDPCinfo.org

FOR IMMEDIATE RELEASE: CONTACT:

May 21, 2009 Patti Morrow 603.228.8550

Florida interior designers victimized by restrictive law to get relief

Lawsuit, press conference and rally on May 27th in Tallahassee

Concord, NH – On Wednesday, May 27th, a public rally will be held at Waller Park in Tallahassee to coincide with a
legal challenge filed against Florida’s interior design practice law.

The Institute for Justice (IJ) is filing suit in Florida on behalf of several small business entrepreneurs whose basic
Constitutional rights have been violated by the most restrictive interior design law in the country. At issue is a Florida
law that restricts residential interior designers from advertising themselves as “interior designers” and prevents them from
legally practicing any type of commercial design. The law also prohibits industries such as office furniture and restaurant
equipment dealers from doing furniture or equipment layouts, an essential practice needed to succeed in those fields.

“Interior designers are already struggling with this difficult economy,” said Patti Morrow, executive director of
the Interior Design Protection Council (IDPC), the national grassroots voice for independent designers. “The last thing
they need is a completely unnecessary law that places an additional burden on their ability to earn a living.”

The proponents of the law, the Interior Design Associations Foundation (IDAF) and the American Society of
Interior Designers (ASID) maintain that Florida Statute 481 – and licensing in general – is needed to protect the health,
safety and welfare of the public, a claim that remains unsubstantiated even after the 30-year pursuit to impose interior
design licensing in all 50 states. Yet, since 2003 more than 600 unreasonable disciplinary actions have been brought
against members of the Florida design community, none of which had anything to do with public safety. When asked
about the aggressive disciplinary actions and increased fines imposed by the regulatory board, Janice Young,
spokesperson for IDAF responded, “We do it [penalize unlicensed design] by making the punishment more painful
and significant.”

“Florida’s restraint of trade and censorship of interior designers is blatantly unconstitutional and represents a
deliberate attempt by a tiny faction within the interior design industry to (1) eliminate their competition by restricting the
type of services they would be free to provide in nearly every other state, (2) silence competitors by preventing people
from truthfully advertising the services they do provide, and (3) improperly burden and discriminate against interstate
commerce,” said Clark Neily, senior attorney with the Institute for Justice. “This law has come from a minority of elitist
insiders within the design industry itself, not as a result of public demand or legislative determinations that such regulation
is necessary for the public good. They are clearly abusing government power to drive thousands of hard-working small
businessmen and women out of business. This law cannot stand.”

Over the last year, IDPC spearheaded the effort to raise awareness of this issue in Florida, by conducting town
hall meetings, lobbying the legislative and executive branches to deregulate the law, supporting amendments to FS 481,
opposing changes to the Florida Building Code, exposing blatantly false statements made by IDAF, revealing the
ruthlessly aggressive actions of the law firm retained to prosecute designers, and by publicizing the devastating effects on
the lives of these victims. IDPC’s widespread grassroots support will mobilize to support the IJ legal challenge.
“We value the innovation, creativity and diversity as well as the multiple methods of entry that have been the
cornerstone of this dynamic profession, serving the public without harm. Florida’s once-size-fits-all licensing scheme for
interior designers could not be more contrary to those values,” explained Morrow. “Protectionism, censorship, cartel,
monopoly, domination, control, special interests – you name, it’s all here, and it’s having a devastating effect on the lives
of Florida designers. It’s time to pull the curtains on the interior design cartel.”

May 21, 2009 Posted by | ASID, Florida, Institute for Justice, Interior Design Protection Council (IDPC) | , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 4 Comments

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!

Forward this email to a Friend

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

Tennessee Practice Act Withdrawn by Sponsor Due to Opposition!

From the Interior Design Protection Council:

SB 2078 is dead for this year!

<Members of the Tennessee design community:

Celebration is in order — the practice act will NOT threaten your livelihood this year! Your phone calls, emails, and visits to the Senators’ offices succeeded.

Rather than face the certain vote-down of his bill, the sponsor withdrew SB 2078 and put it into “General Sub[committee].” Here are the sponsor and TIDC lobbyist’s testimonial comments, along with our response. Continue reading

May 11, 2009 Posted by | ncidq certification licensing | , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment

Why Should I Care About Other States?

Why should you care what other states are doing with respect to laws regulating the practice of interior design, other than the ones in which you reside and practice?

In a post on the Kitchen Design Notes blog, someone commented that he did not “have a dog in this fight” in reference to the Florida situation, a sentiment that I often hear expressed by designers from all over the country in one format or another.

Whether or not you have a dog in the Florida fight in particular, it’s critical to realize that we *all* have a stake in whatever happens in each and every state, and here’s why. Continue reading

May 11, 2009 Posted by | Florida, Interior Design Legislation Opposition | , , , , , , , , , , , , , , , , | 1 Comment

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

Vodpod videos no longer available.
more about “Is Your Interior Designer *Really* Pu…“, posted with vodpod

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

Report from Annapolis

Thanks to David Merrick of NARI for the following summary of the meeting in Annapolis regarding Maryland’s proposed legislation. Because of intense opposition pressure, the amendment turning the bill into a title act instead of a practice act was circulated, and changed the terminology – and they are going to vote on this on Friday, March 20.

They also want to change the existing title act restriction on “Certified interior Designer” to be “Licensed Interior Designer”, and wanted to even restrict the use of the term “interior designer”, but NKBA and others made it clear to them that this was not OK, either. Even ASID officially agrees with not restricting that use now, but the local Maryland people are still trying to push it through.

So, the fight isn’t over yet, folks – read on, and keep on writing and calling your legislators. This could still pass as amended on Friday – or even unamended.

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Yesterday’s hearing in Annapolis was well attended, over 100 people
turned out to testify against this bill. One of the delegates commented
at the start that they had received more emails on this than they did
for the death penalty.

Before the hearing started an amendment was circulated that drops the
practice issues included in the bill and turns the bill into a title
bill for Interior Designers. The original bill would limit the practice
of interior design to Licensed Interior Designers, this would include
kitchens, bathrooms and residential buildings and would greatly affect
design build contractors and people who call themselves Interior
Designers but have no credentials to back that up. The amended bill
would just restrict the title of Interior Designers to people who have
been licensed by the state.

The head of MHIC, Larry Levitan testified in favor of the bill as long
as MHIC contractors were exempted, that helps some of us but would still
affect many of our colleagues. Proponents of the bill say it is needed
to protect the public despite a clean record with no complaints filed
against Interior designers in the recent past.

This is a very political issue and is not dead, the bill could still go
before the legislature un-amended, amended or be killed in committee.
We need it to be killed in committee. If this passes it would be
complete disaster for our businesses.

Use this link to the NKBA website to respond to all of the legislators

http://capwiz.com/nkba/issues/alert/?alertid=12816801&type=ML

It is very important that we stay tuned into what is happening here, I
urge each of you to take a few minutes and write a personal message,
this link is very easy to use and very effective. I received a personal
reply from two representatives.

David Merrick, CR

President, NARI Metro DC

President Merrick Design and Build Inc

301-946-2356

March 19, 2009 Posted by | ASID, Interior Design Legislation Opposition, Interior Design Protection Council (IDPC), Maryland | , , , , , , , , , , , | Leave a comment