IDFC Test Blog

Legislation in Alabama

2008-01-11T10:03:00.001-08:00

Alabama Supreme Court Strikes Down Interior Design Practice Act

October 12, 2007

The Alabama Supreme Court, today upheld a lower court decision that the Alabama Interior Design Practice Act is Unconstitutional (aka the Alabama Interior Design Consumer Protection Act).

The statute is unconstitutional and is struck down in it's entirety.

Interior Designers in Alabama are now FREE! to practice their profession.

Justice Parker states in his opinion: "Nor should this Court embrace the paternalistic notion that the average citizen is incapable of choosing a competent interior designer without the State's help. The economic liberty of contract remains a protected right in Alabama, especially in a field like interior design that involves expressive activity."

Read the decision here: http://207.157.124.12/SC/2007/10/12/decisions/1050224.PDF

Legislation in New Hampshire

2008-01-11T09:54:00.000-08:00

Grassroots Group Strikes Major Blow for Entrepreneurs and Consumers by Spearheading Defeat of Anti-Competitive Design Law!

FOR IMMEDIATE RELEASE: April 19, 2007

CONTACT:

Patti Morrow
livefreedesign@yahoo.com
Live Free and Design website: www.livefreeanddesign.org

Concord, New Hampshire – New Hampshire entrepreneurs and consumers dodged a bullet last month when the New Hampshire legislature declined to enact legislation designed to help a small group of industry insiders monopolize the interior design industry here. Led by Live Free and Design! a grassroots association of interior designers and industry partners, a successful effort was made to resist the push for unnecessary, anti-competitive, anti-consumer interior design regulation in New Hampshire, by educating the legislators and the public about the misinformation being circulated by proponents of interior design licensing.

The House Executive Committee conducted a hearing on March 15th on the merits of HB-881, a bill which would have severely limited who may practice interior design and who may use the title “interior designer” If enacted, the law would have been one of the most restrictive in the country, putting many small business owners out of business. According to Patti Morrow, Director and Founder of Live Free and Design!, the compelling testimony from members of design community as well as other citizens and activists is believed to have persuaded the House Executive Committee to recommend that the full House vote to kill HB-881.

Three major points presented in Morrow’s testimony at the Committee hearing were:

1. There is absolutely no evidence that unlicensed interior designers present any threat to public health, safety or any other public interest. The Bill’s proponents, the New Hampshire Interior Design Coalition, failed to offer any such evidence.

2. After 30 years of constant lobbying by the pro-regulation faction, only four states in the entire country regulate who may practice interior design and in one of those states (Alabama) a court has declared the law unconstitutional; in the last five years, more than two dozen attempts for licensing in the U.S. have been rejected.

3. The Federal Trade Commission concluded that the regulation of interior design would result in increased costs and fewer consumer choices. Elimination of competition and denial of free enterprise is the true objective of interior design regulation.

Also testifying in opposition was Clark Neily, Senior Attorney at the Institute for Justice in Arlington, VA, who described HB-881’s serious constitutional defects that would render it vulnerable to legal challenge on free speech, occupational freedom, equal protection, and the free flow of interstate commerce grounds.

Proponents of the Bill were shocked and dismayed at the sheer number of designers opposed to licensing at the hearing, later stating that they were “battered by unsuspected opposition” and lamented the need to go through the “torment of the hearing.” “I don’t understand why they were so surprised,” said Morrow, “I was a member of the New Hampshire Interior Design Coalition (the main supporter of HB-881) during 2005 and 2006, and repeatedly pointed out challenges licensing would bring to our state, but to no avail. I also met with a member of their legislative committee in February, at which time I again outlined our objections to HB-881.”

Unfortunately, what happened in New Hampshire is not an isolated incident. Texas and Massachusetts (www.interiordesignfreedom.org) are just two other states where our counterpart grassroots organizations are also fighting for their right to practice their chosen trade without interference from industry cartels. Massachusetts is of particular interest, as it would restrict the free-flow of interstate commerce currently enjoyed by both Massachusetts and New Hampshire interior designers.

It is a serious step to restrict the marketplace, thereby depriving some people of their livelihood. Live Free and Design! will continue to be a watchdog and activist group aimed at protecting the practice of honest, hard working interior designers in New Hampshire. . . and the United States.

Legislation in Michigan

2008-01-11T09:51:00.000-08:00

"SEE YOU LATER DECORATOR"

October 11, 2007 (Lansing, Michigan)

There's a new Interior Design reality show playing in the Michigan House of Representatives called "See You Later Decorator."

On October 11th, the Michigan House of Representatives gave in to lobbyists and special interests and passed a restrictive INTERIOR DESIGN PRACTICE ACT in Michigan.

One week after a budget crisis in Michigan that resulted in higher taxes and budget cuts, what does the Michigan House of Representatives focus on?

Creating a licensing scheme for Interior Designers that will damage or bankrupt Interior Designers and their suppliers across the State of Michigan.

While state legislatures and courtrooms across the United States are rejecting these Interior Design Licensing Schemes, somehow the Michigan House of Representatives views Interior Design Licensing as the key to the "New Economy" and the solution to the Michigan budget crisis.

Now, only the Michigan State Senate or (Michigan Governor Jennifer Granholm) can show some leadership by rejecting this legislation and voting the INTERIOR DESIGN CARTEL "off the island."

If you are a Michigan Interior Designer or a supplier to a Michigan Interior Designer the time is NOW to SPEAK UP! You need to contact your State Senator and Governor Jennifer Granholm TODAY! to let them know you are opposed to Interior Design Legislation.

If you remain silent you might as well start working on your resume because the Interior Design Cartel will soon be knocking on your door looking for your license!

Register with the Interior Design Freedom Coalition to stay updated with developments.

Legislation in Massachusetts

2008-01-11T09:45:00.000-08:00

Senate Bill 178 and House Bill 3209 introduced by a Monopolist Cartel called the MIDC, threaten to impose anti-competitive licensing requirements and a restrictive Practice Act on all Interior Designers in Massachusetts. If passed, this legislation will be disastrous for practicing interior designers, interior design firms, interior design students, suppliers and trades people.

Historically, the Interior Design Profession has accommodated a wide diversity of practitioners with different backgrounds, credentials, and qualifications. SB 178 and HB 3209 would change all of that overnight, transforming the Massachusetts interior design community into a rigid, one-size-fits-all environment that would benefit neither the profession nor the public.

While many working Massachusetts interior designers would be devastated by the proposed legislation, they are certainly not the only ones would be hurt. Consider the many ways in which SB 178 and HB 3209 will impact the interior design community and the public:

+ Interior designers who do not meet the strict requirements of a four-year degree in interior design plus NCIDQ certification will no longer be able to practice interior design in Massachusetts.

+ Young designers beginning in the profession who do not meet NCIDQ requirements will be forced to go back to school and work as low paid interns under NCIDQ designers.

+ Design Students who do have a 4 year interior design degree will suffer from a massive reduction in the pool of potential employers and may never be able to take the NCIDQ if they can’t find a NCIDQ certified internship.

+ Suppliers will face a diminished roster of clients for their products and services.

+ Showrooms at the Boston Design Center will face a decrease in business causing them to either go out of business or cut back on the number of lines they represent.

+ Interior Design partnerships and corporations could be forced to add licensed interior designer partners and staff to their firms.

+ Out of state designers will be subject to the new Massachusetts statutes, and will be barred from practicing in the state if they are not licensed.

+ Kitchen Design Showrooms, Furniture Stores, Design-Build Contractors and General Contractors could be forced to add licensed interior designer partners and staff to their firms if they wish to market interior design services.

+ Interior Designers who do manage to get licensed will be subject to audit and regulation from a new Interior Design Board which will have the power to levy fines.

Take Action to Oppose this Unwarranted and Discriminatory Legislation!

Here are some steps you can follow to help ensure the defeat of Senate Bill 178.

1. Call Committee Members of the Joint Committee on Consumer Protection and Professional Licensure to voice your opposition:

State Senator Michael W. Morrisey	send an email	617.722.1494
State Senator Mark C. Montigny	send an email	617.722.1440
State Senator Brian A. Joyce	send an email	617.722.1643
State Senator Benjamin B. Downing	send an email	617.722.1625
State Senator Scott P. Brown	send an email	617.722.1555
State Representative Michael J. Rodrigues	send an email	617.722.2030
State Representative Kay Khan	send an email	617.722.2140
State Representative Louis L. Kafka	send an email	617.722.2305
State Representative William M. Straus	send an email	617.722.2320
State Representative Charles A. Murphy	send an email	617.722.2396
State Representative Michael F. Kane	send an email	617.722.2263
State Representative Joyce A. Spiliotis	send an email	617.722.2011
State Representative Brian P. Wallace	send an email	617.722.2013
State Representative Thomas J. Calter	send an email	617.722.2305
State Representative Donald F. Humanson Jr.	send an email	617-722-2803
State Representative Richard J. Ross	send an email	617-722-2305

Here Are Some Talking Points on SB 178:

Massachusetts Senate Bill No. 178 is an effort by a Special Interest Group to Create a Monopoly on the Practice of Interior Design. It would prevent a majority of legitimate Interior Designers from practicing their trade.
All Interior Designers will be required to get a state license to practice interior design as defined by the statute.
Research has shown that there is no threat to public health, safety or welfare requiring government regulation of the interior design industry.
To acquire a state license, Interior Designers must become eligible to take, and pass the NCIDQ exam. A college degree in interior design is mandatory to become eligible to take the NCIDQ exam.
Un-licensed interior designers will be subject to heavy fines if they market themselves as an interior designer on their website, business card and all forms of advertising.

2. Contact the Bill Sponsors and ask them to withdraw their sponsorship.

Sponsor of SB 178: Senator Cynthia Creem	send an email	617.722.1639
Sponsor of HB 3209: Representative Louis L. Kafka	send an email	617.722.2305
Co-Sponsor: Represenative Bradford Hill	send an email	617. 722.2489
Co-Sponsor: Representative Frank M. Hynes	send an email	617-722-2552
Co-Sponsor: Representative Kay Khan	send an email	617.722.2140
Co-Sponsor: Representative Mary Grant	send an email	617.722.2014
Co-Sponsor: Representative Elizabeth Poirier	send an email	508.695.3296
Co-Sponsor: Senator James Timilty	send an email	617.722.1222

3. Write & Phone Your Legislators and Local Representatives

Write your legislators and encourage them to oppose Senate Bill 178/House Bill 3209.

Find your Legislators & Representatives here.

Sample Letter to Legislators word document or html

If writing by e-mail, be sure to include your address, because legislators usually respond by post.

4. Register With The Interior Design Freedom Coalition