Designers fighting Oklahoma law in court
Capitol: Job title at issue in lawsuit
Designers fighting Oklahoma law in court

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BY JAY F. MARKS
Published: October 1, 2008
Modified: September 30, 2008 at 10:03 pm

Kelly Rinehart, Maria Gore and Jeffrey Evans are breaking the law every time they tell someone what they do for a living.

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They are not allowed to call themselves interior designers — even though that description is accurate — because of a state law enacted in 2006.

Rinehart, Gore and Evans have filed a First Amendment lawsuit in federal court in Oklahoma City seeking to invalidate the law that requires a state license for anyone who wants to be identified as an interior designer.

A license is required
State law does not prohibit anyone from working, but a license is required to use that moniker.

"If anyone can work as an interior designer in Oklahoma, they should be able to say so,” said Jennifer Perkins, staff attorney for the Institute for Justice.

The national public interest law firm is representing Rinehart, Gore and Evans. It also is pushing similar lawsuits in two other states.

"This is about freedom of speech,” Perkins said. "We want the law changed.”

Clients don't ask
Rinehart, who earned a design degree from Oklahoma State University, said she should not be subject to such discriminatory regulations after more than a decade in the field. The test and required fees can cost more than $1,000.

"In all my years of work, not one client has ever asked me whether I've taken a special government-licensing exam,” Rinehart said.

Randy Weatherly, chairman of the Oklahoma Board of Architects, Landscape Architects and Interior Designers, declined to comment on the pending litigation. He said he has not seen the lawsuit.


 


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It would be nice to hear the other side of the story on this. For instance, the fact that a Practice Act is in the process of being written, which would set basic requirements for what an interior designer can and cannot perform. The Act would basically invalidate any of the claims from the lawsuit.
Paul, Oklahoma City - Oct 1, 2008 at 7:02 am
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