Monday, January 12, 2009

Collaboration Newsletter - Opposition

Over the last year, many of you have voiced concern about opposition to interior design regulation. Challenges to existing and proposed regulation are plenty. The Institute of Justice, a libertarian special interest law firm, is one strong adversary representing decorators in Texas, Oklahoma, and Connecticut to challenge those states’ Title Registration Acts. Currently all of these States regulate the use of the title “Interior Designer” but not the "Practice of Interior Design". The Institute of Justice's argument is that the title of “Interior Designer” is too broad and violates the first amendment rights of the decorators to market their work.1

The Institute of Justice threatened such a lawsuit in New Mexico in 2007. In response, New Mexico’s Board changed the title to “Licensed Interior Designer.”2

Also in 2007, Alabama’s Supreme Court ruled the 2001 Practice Act unconstitutional.3 Their Board amended the Act in 2006, which is the version Alabama's Regulatory Board currently operate under.4

There is also some controversy over Florida’s long standing Practice Act. The Florida Board is busy working with an outside group contracted to enforce their law to ensure that it is being enforced properly.5

The outcomes of the all these cases will be very important to Oregon’s future efforts in pursuing professional regulation - weather that comes to be a Title Act or Practice Act. We continue to pay attention to these and other issues to better inform Oregon's cause. It is important to keep a positive and objective outlook when studying these developments and not get distracted by untruthful arguments often found within the opposition.

If we can delve past the plethora of adverse advertising and articles 6, we can start to see the root of the issue. Building projects require a team of qualified professionals to deliver a project that is functional, safe, and aesthetically pleasing. Studies assert that the design process is becoming less linear and more fluid with the adoption of integrated design and BIM.

Architects, building owners, and engineers have been promoting integrated design for a few years.7 This provides an opportunity for interior designers to assert ourselves as experts in ergonomics, human context and psychology, functionality, materials, and furnishings. Integrated sustainable design, LEED, and Evidence Based Design are all areas where an Interior Designer’s knowledge of the health, safety, and welfare of the public are needed. Health, safety, and welfare are the basis for recognized professional regulation.

IDC-Oregon’s approach for professional regulation is based on collaboration. Currently we are the only professionals working in the construction and building trades not registered or regulated through the State. We are working with the local ASID, IIDA, and NWSID chapters and collaborating with the AIA, industry representatives, building officials, fire marshals, and contractors to discuss the need for regulating interior designers through legislation that establishes minimum standards of defined competency.  The end result will be a clearly written bill - Either a Title Act or Practice Act - that will establish consumer protection and define our profession.

Please join our next Town Hall session on Tuesday January 27th 2009 at the White Stag building. We will discuss the process of legislating our profession. Your voices are crucial to this effort and we hope you will participate in shaping the future of interior design. For more information please visit: www.idcoregon.org.

Sincerely,
Peg Suzio, Past President IDC-Oregon


Footnotes:
1 GRA Committee conference call (October 8 2008)

2 New Mexico Ends Unconstitutional Censorship of Interior Designers. The Institute for Justice. 6 April 2007. (21 November 2008)

3 Alabama Supreme Court invalidated interior design practice act. Interior Design Freedom Coalition. Edward Nagorsky. 22 October 2007. (21 November 2008)

4 Alabama State Board of registration for interior designers administrative code. Effective October 20 2008. (4 December 2008)

5 GRA Committee conference call (October 8 2008)

6 See articles listed below from Institute for Justice. Many additional articles are available to read on their website: www.ij.org
  • Designing cartels: How industry insiders cut out competition. (September 2006)
  • Designing liberty: Pulling the curtains on the interior design cartel. (2007)
  • Designed to mislead: How industry insiders mislead the public about the need for interior design regulation. (2008)

    7 The Construction Users Roundtable. Collaboration, Integrated Information, and the Project Lifecycle in Building Design, Construction, and Operation. American Institute of Architects, August 2004. (21 November 2008)

    For rebuttal please reference the following:

    Rebuttal of the Report by the Institute of Justice’s Designing Cartels: How Industry Insiders Cut Out Competition. Martin, Caren S. (7 November 2007)