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Judge Strikes Down State's Interior Designer Law



HARTFORD, Conn. (AP) _ A federal judge has struck down a Connecticut law that requires people calling themselves interior designers to get a license or face fines and possible prison time.

Tuesday's ruling came after the Institute for Justice sued the state's Department of Consumer Protection last September on behalf of three Connecticut residents, who said the law was elitist and an attempt to eliminate competition.

``The term 'interior designer' is a generic term that conveys no particular educational or experiential credentials on the part of an individual,'' Judge Mark R. Kravitz wrote. He said the existing statute violated the Constitution's 1st and 14th Amendments and banned the state from enforcing the statute, first passed in 1983.

State officials did not immediately return calls for comment.

Many states regulate the interior design industry, although none have a law as restrictive as Connecticut's. Currently, 19 states ban use of the title ``interior designer'' without some kind of state approval or certification.

The institute has fought similar measures in New Mexico, Texas, Oklahoma and Florida. It has also sought to eliminate occupational licensing requirements for florists in Louisiana, African hair-braiding in California and massaging horses in Maryland.

There are 640 registered interior designers in Connecticut, which collects an annual fee of $150 from each person. Violators could be fined up to $500 and could be put in prison for up to one year.

Cynthia Hernandez of Farmington, Conn. was one of the three plaintiffs. She has been doing residential and commercial interior design for the past five years.

``To have someone say I can't use the title because to be unregistered is to be uneducated is absurd,'' said Hernandez, who said she has an MBA from the University of Connecticut and has taken interior design courses.

``I'm thrilled to be able to say what I do,'' she added. ``I am an interior designer.''

 

(Copyright 2009 by The Associated Press. All Rights Reserved.)


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