It’s not over until. . . well, you know.
Today the Institute for Justice has filed a Petition for Writ of Certiorari with the United States Supreme Court to appeal the decision of the 11th U.S. Circuit Court of Appeals and attempt to overturn Florida’s unconstitutional interior design law. This is an important case in the defense of free speech.
“Virtually everything an interior designer does—from consulting with clients about their personal tastes, to making design drawings, to giving advice—is just speech,” said IJ Senior Attorney Clark Neily in today’s press release. “The First Amendment prohibits the government from requiring aspiring interior designers to get a license before they can offer harmless advice to their customers.”
“IDPC attorney, Robert Kry, will be filing another amicus brief on behalf of the Interior Design Protection Council in support of the Institute for Justice petition,” said Patti Morrow, director of IDPC. “Florida’s anti-competitive, unnecessary interior design law cannot stand. We will do everything possible to support IJ’s efforts to re-establish freedom to design in Florida.”
Amended Bill Belies ASID's Claims
As we have been saying all along, if deregulated, everyone in the design community would be able to (1) offer commercial interior design services and (2) submit documents for pulling permits which do not impact structure or lifesafety.
ASID and their puppet coalition, IDAF, have spent hundreds of thousands of dollars and mobilized their large grassroots to try to counter the fact that deregulation will open new job opportunities in Florida and end the monopoly.
We’re right. They’re wrong. Period.
Take a look at the amended version of HB 5005, as agreed to at conference last Saturday. The bill (amendment language submitted by the NKBA approx. a month ago) now includes definitions of interior design and outlines what is legal to perform. Anyone who can read and comprehend English can see that deregulation will NOT prevent those currently licensed from doing commercial work or from submitting plans (albeit without a seal) for permitting. This is in agreement with the Florida Building Code which states that an architect is only needed if the lifesafety is impacted — even those currently licensed cannot do that type of work now.
The amended bill takes a last whack at ASID’s blatant and deliberate effort to hoodwink legislators. Their argument has no life.
However. . . .
Due to some really bizarre in-house politics in Tallahassee right now, we have no idea how this will be voted on later today.
Stay tuned. . .
Another nail in the Florida Cartel’s coffin!
As you know, one of the FL cartel’s many scare tactics has been their assertion that only licensed designers are insurable. Well, this too has been disproved – see letter from Suncoast Insurance.
Other FL cartel myths that have been disproved:
- Interior design licensure protects the public. Disproved here and here.
- Only architects will be able to practice commercial design. Disproved here and here.
- Deregulation will cause the current licensed designers to lose work. Truth — only if their work is inferior (here).
- The current law in Florida is a voluntary licensing program – no one is forced to become licensed. Disproved here.
- Regulation creates jobs (no — it restricts competition; deregulation opens new job opportunities).
- 26 states believe the safety their residents requires that interior designers be regulated. Disproved by Institute for Justice here.
- Regulation offers consumers more choices (wrong… the Federal Trade Commission concluded that regulation raises consumer costs and provides fewer choices.
- Colleges will close if deregulation occurs (47 other states with some of the finest interior design colleges in the country haven’t closed — in fact, enrollment has been up in recent years)
- Students degrees will be worthless (students attend college for an education, not for licensure; among other benefits, their degree provides them with a leg-up on competition right from the start)
- Students will not be able to pay off their school loans (right now, they can only work for the 2,500 licensed interior designers; if deregulated, they will be able to work for many thousands of other designers or start their own business. The result is more opportunities for employment/entrepreneurship will facilitate paying off school loans faster).
As long as ASID/IDAF continue to make their blatantly false statements, IDPC will be right there to hammer out the TRUTH!
Please support our crusade to pound out anti-competitive interior design regulations!
YES WE CAN!
22 major organizations have formed a coalition to support deregulation on behalf of well over 100,000 Floridians who would benefit from a repeal of Florida’s interior design practice act.
Click here for Coalition Letter sent to Senate President Haridopolos.
Liberty vs License
Florida is ground zero for dergulation of anti-competitive interior design licensing. “This law has got to go,” says Clark Neily, senior attorney at the Institute for Justice.
If you missed this segment on Fox Business last night, you can view the clip here: http://www.foxbusiness.com/on-air/freedom-watch/index.html#/v/4654146/license-to-decorate/?playlist_id=157991
An April 18th Tea Party Review magazine article came out in support of the popular opinion that the interior design deregulation issue is a litmus test for genuine commitment to limited government and economic opportunity versus special-interest politics as usual.
AIA Letter to Florida Senators
On Thursday, April 14th, the American Institute of Architects (AIA) hand-delivered a letter to all members of the Florida Senate outlining their position on deregulation of Florida’s interior design law.
In his letter, CEO Robert Ivy asserts that the statements being made by ASID/IDAF which expressly state that if deregulated, only architects will be able to practice commercial interior design, are not true, and that passage of the deregulation bill will result in “little to no impact” on how Florida architects conduct business.
Mr. Ivy also affirms to the legislature, “We applaud you for the proposed elimination of unnecessary bureaucracy.”
IDPC has publicly and in numerous private lobbying sessions with key members of the House and Senate, corrected the false statements made by ASID/IDAF by providing factual, statistical and empirical evidence that deregulation (1) will create more job opportunities, and (2) will still allow licensed interior designers the ability to submit plans that do not impact lifesafety, as they do today.
We agree with and congratulate AIA on their public position on interior design deregulation.