A federal lawsuit filed in Louisiana aims to prune the state’s occupational licensing system by barring the Louisiana Horticulture Commission from determining who is allowed to arrange freshly cut flowers in the state.
Plaintiff Angele Mixson of Denham Springs partnered with the New Orleans-based Pelican Institute for Public Policy to file the lawsuit on Feb. 14 in the Middle District of Louisiana. The complaint tells about how Mixson found solace arranging flowers for the gravesite of her daughter, who died as a result of fentanyl poisoning, but ultimately she did not pass the state’s licensing test for florists.
Mixson sought to save money and keep her daughter’s gravesite well maintained by teaching herself how to arrange flowers through Youtube tutorial videos and other instructional materials, the lawsuit states.
The complaint argues that the florist-licensing regime violates Mixson’s constitutional rights, including her First Amendment freedoms and her rights to due process and equal protection clauses under the 14th Amendment.
“Angele seeks recourse in this court to vindicate her constitutional rights and permit her to practice the profession of floristry free from arbitrary and capricious constraints,” the lawsuit states.
The florist exam consists of true-or-false, matching and multiple-choice questions and requires the applicant to pay a fee of $114. In order to maintain their licenses, florists have to pay an annual renewal fee to the state of $100, according to the complaint.
Sarah Harbison, the Pelican Institute’s general counsel, argues that there are no health and safety concerns involving the practice of flower arranging that justify the state requiring occupational licenses for florists.
“Unless there’s a health, safety, welfare or fiduciary component to the occupation, people should be allowed to work relatively unrestrained in the lawful profession that they choose,” Harbison told the Louisiana Record. “... There isn’t a single health concern that the florist license addresses.”
The occupational license for florists is also anti-competitive, according to the Pelican Institute.
“Louisiana is the only state in the country that requires aspiring florists ... to sit for a test and obtain an occupational license from the state," Harbison said. “... It's designed to keep people out of the market.”
Louisianans should be able to make their own judgments on the types of flower arrangements they wish to purchase without state intervention, she said.
“We don’t need the floral board to say this is good design or this is bad design,” Harbison said.
Mixson and the Pelican Institute want to challenge what they say are burdensome requirements hindering Louisiana residents from choosing professional paths, according to the lawsuit.
“The Louisiana Horticulture Commission … enforces an elaborate florist licensing law that arbitrarily and unjustly bars hundreds of potential florists from a legitimate route to financial stability,” the complaint states.
The lawsuit also calls on the federal court to issue a preliminary and permanent injunction barring the Horticulture Commission and its members from enforcing the state’s florist-licensing requirements and seeks the recovery of attorney fees and costs.
“The case highlights the broader issues of economic freedom, the right to engage in one’s chosen profession and the significance of artistic expression in the face of restrictive occupational licensing laws,” the Pelican Institute said in a website post.