Florida Interior Design
Challenging Florida’s Unconstitutional Interior Design Law
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IJ Clients Eva Locke and Pat Levenson |
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WATCH: Free to Design: Florida Entrepreneurs Take On the Interior Design Cartel |
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A small group of well-funded industry insiders led by the American Society of Interior Designers has been relentless in its pursuit of ever more restrictive laws. Studies have shown that interior design regulations result in higher prices, less variety, and fewer employment opportunities, especially for minorities and older mid-career switchers.
On May 26, 2009, the Institute for Justice joined with three interior designers—Eva Locke, Pat Levenson and Barbara Gardner—and the National Federation of Independent Business to file a lawsuit in federal court in Tallahassee challenging Florida's interior design law.
Florida's law is a blatant abuse of government power that stifles speech and entrepreneurship to protect a favored industry from honest competition. The trial court struck down a portion of the law that prohibited unlicensed interior designers from truthfully advertising services they were lawfully permitted to perform. Unfortunately, the trial court upheld the law's limitations on who could practice nonresidential interior design, but did so only after interpreting the law to cover a very narrow range of prohibited activities. The Eleventh U.S. Circuit Court of Appeals affirmed that ruling and, on January 9, 2012, the U.S. Supreme Court refused to review the case. As a result, the law remains in place, but has been severely weakened.
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