To Design or Not to Design – That is the Question….
Arranging flowers is a creative, artistic process in which beauty is very much in the eye of the beholder. What some people find beautiful, others will find unappealing. An avant-garde’s cutting-edge design may be a traditionalist’s eyesore. But that is precisely how art stays fresh—by constantly experimenting, reinventing and transforming itself.
Should the government have the power to say who may or may not become a florist?
A Louisiana law threatens to shut down bbrooks member Mitch’s Flowers in New Orleans, because their sole licensed florist passed away in February. The owners have 90 days to hire another licensed florist…or close up shop. Visit them on facebook to show your support!!
Watch the CBS News story, click here.
To arrange and sell flowers in Louisiana, aspiring florists must first obtain a government-issued license. The licensing exam, which is offered four times a year, consists of two parts: A one-hour written test and a four-hour practical test. The practical exams are graded by 3 to 6 judges – who are working licensed florists. Louisiana thus empowers a small group of licensed florists to decide who may compete with them and who may not.
If Louisiana can license florists, there is no limit to what it can license or to the burdens it can impose on honest, productive livelihoods.
States That License Florists
On March 4, 2010, the Institute for Justice filed a civil rights lawsuit, Chauvin v. Strain, in the U.S. District Court for the Eastern District of Louisiana against the Commissioners of the Louisiana Horticulture Commission seeking to have Louisiana’s anti-entrepreneur, anti-competitive and anti-consumer florist licensing scheme declared unconstitutional.
This case is about more than just florists in Louisiana. The U.S. Constitution protects every American’s right to earn an honest living in the occupation of their choice and prohibits the government from erecting barriers to entrepreneurship that are arbitrary or do nothing more than keep entrepreneurs from competing with existing businesses. Thus, this case is about setting a national precedent that will stop the government from licensing harmless occupations.
What began in New Orleans must end in New Orleans. It is time for the courts to declare Louisiana’s anti-competitive florist regulations unconstitutional. The Institute for Justice aims to restore the 14th Amendment’s Privileges or Immunities Clause to its proper role as the foremost constitutional protection for the right to earn an honest living.
