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This post has been moved to the No Design Legislation blog at http://nodesignlegislation.wordpress.com/2009/03/11/asid-backpeddling-as-fast-as-they-can/

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“Drywall products from imported from China and contaminated with sulfur compounds which corrode metal building components and emit the aroma of rotten eggs have been found in new homes built in at least 13 states”, resulting in “… corrosion of electrical wiring, hollow metal building components, and permeation of wood studding leaving the rotten egg smell” even after removal of the problem drywall”, according to construction law expert James G. McConnell.  A list of affected states and more information can be found on his website at http://chicagoconstructionlaw.blogspot.com/2009/03/chinese-drywall-problems-proliferate.html

And if you happen to live in Florida and run into this problem, you may find yourself restricted in your ability to sue your builder over it or any other construction defect because of proposed new legislation http://chicagoconstructionlaw.blogspot.com/2009/03/florida-legislation-would-restrict.html.  Which is particularly ironic, considering that the new home of Florida’s own new Lieutenant Governor is affected with the Chinese drywall problem.

No, this isn’t the sexiest of interior design news, but it’s enough of a problem that at least 60,000 homes have been affected.  If you think yours is one of them, you might want to consider talking to a lawyer who specializes in construction defects, especially if you can’t get your builder to take care of the problem and you can’t get rid of the smell.

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http://archive.constantcontact.com/fs060/1102107213116/archive/1102484179858.html

Interior Design Protection Council
YOUR STORY IS NEEDED!
Proof needed to DEREGULATE Florida’s Anit-Competitive Law

Our voice has been heard…now let’s finish the job

Members of the Florida design community:

Governor Crist has indicated that he is interested in deregulating professions that have been faltering under the burden of excessive and redundant governmental regulation which is stifling Floridians’ ability to earn a living, as well as hindering growth of the state’s economy. Senator Don Gaetz, Chair of the Senate Select Committee on Florida’s Economy, has also expressed a keen interest in deregulation, particularly of interior design.
Both the Governor’s office and Senator Gaetz are seeking real life examples of how the current anti-consumer, anti-competitive practice law has negatively impacted your ability to market yourself and/or how it has restricted you from practicing to the full scope of your abilities and caused you to turn down business that you would otherwise be able to perform.
This is the opportunity we’d hoped for!
You can change the future of interior design in Florida

and be a part of this exciting historical opportunity!
Please compose a letter detailing how this law has hurt you over the years. Be specific — list:
  • Examples of jobs you have had to turn down, like small offices, common areas of condos, community centers, hotel foyers, etc.
  • How not being able to accurately describe what you do or market yourself in the yellow pages, website or search engines, advertisements, has cost you business because potential clients cannot find you
  • How not being able to fully practice is making you less competitive
  • Names of individuals or organizations that have recently emailed or telephoned you to do commercial work, but that you had to turn down
  • List examples of any and all disciplinary actions inflicted on you by the prosecuting attorney, detailing exactly why you were cited
  • List any fines you had to pay
  • List any attorneys fees or legal bills associated with defending or answering disciplinary charges
  • List any costs associated with being forced to come into compliance
  • State if you had to sign an affidavit to avoid fines, basically signing away your right to ever practice interior design or call yourself an interior designer and how that has hurt your ability to earn a living
  • List any particularly egregious charges, such as being disciplined for “referring to yourself as interior designer on a bookmark” or “listing yourself as interior designer on your application for licensure,” etc.
  • If you live in another state, but are prohibited from working in Florida and contributing to the Florida economy through the products you would purchase and people you would hire to complete your projects, you should also write to the Governor and Senator.

Please email all letters to me at pmorrow@IDPCinfo.org by Thursday, March 5th. You may sign them or remain anonymous using just your first name, initials, or pseudonym if you prefer privacy. Keep them to one page, and attach as a word document, if possible.

I will collect all the letters, fax them with a cover letter to the Governor and Senator Gaetz, and follow up with a phone call on behalf of the interior design community. I understand that at least one other group is doing this as well.
It is important that the Governor and Senator understand the we are a LARGE, organized group and that WE represent the majority voice of the design community. They’ve already heard from ASID/IDAF… NOW IT’S OUR TURN!
LET’S MAKE OUR VOICE LOUDER THAN THEIRS! Let’s shout it from the coast to coast,
“Florida’s interior design practice act is unjust,

unconstitutional, and unnecessary

and needs to be undone!”

Now it’s up to you
  • Do you want to continue to let this cartel restrict you from performing services that you would be perfectly able to provide in 47 other states?
  • Do you want to continue to let this cartel take away your First Amendment Right to accurately describe yourself and what you do?

Please email your letters to pmorrow@IDPCinfo.org by March 5th.

Support our efforts to protect Florida interior designers’ rights and livelihoods.

Click here to become a member of IDPC.

Click here to read IDPC’s call to action on February 19th.

CONSUMER PROTECTION? Absolutely NOT!

Not a shred of evidence has ever been presented to warrant a conclusion that the unregulated practice of interior design places the public in any form of jeopardy.

In fact, 12 government agencies have looked into this issue and concluded that interior design licensing does nothing to protect the public beyond the processes already in place.
Click here for a list and access to all 12 government reports, including the 1999 Florida report recommending that the profession of interior design be deregulated.
DID YOU KNOW THAT….

Juanita Chastain, who is working for the Department of Business Professional Regulation as the Executive Director for the Board of Architecture and Interior Design, is married to Dwight Chastain, who is working as an investigator for the firm responsible for prosecuting designers and decorators? This was confirmed on February 5th by David Minacci of Smith, Thompson, Shaw & Manausa, the private prosecuting firm for the Board.

While we have no direct proof of unethical or illegal conduct, the obscure nature of some of the disciplinary actions brought against the design community leaves us highly suspicious. For example, about a dozen individuals were disciplined for using the words “interior designer” on their application for licensure. How would the attorney and/or investigator know about those instances if not for the direct communication of such, and is the alleged feeding of such information to the prosecuting law firm or its investigator an accepted activity? It would seem that the privatization of the prosecutions should have eliminated any oversight capacity Mrs. Chastain might have had, should it not?

These and some of the other ambiguous disciplinary actions at the very least give the appearance of impropriety, and should be addressed.
We will stay on top of this and keep you informed.

THIS IS THE PERFECT OPPORTUNITY TO RID FLORIDA
OF THIS UNNECESSARY AND ANTI-COMPETITIVE LAW!
Patti PR headshot
If you have any questions, please feel free to contact me at pmorrow@IDPCinfo.org.
Patti Morrow

Executive Director
Interior Design Protection Council

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This post has been moved to the No Design Legislation blog at http://nodesignlegislation.wordpress.com/2009/03/03/wake-up-and-smell-the-coffee-in-sb-337-will-hurt-your-ability-to-compete/

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Thousands of designers in Texas rally against possible legislation that would prohibit unlicensed designers from doing commercial projects, and would put at least half of the state’s 10,000 designers out of business.

And Marilyn Roberts, ASID, the president of the Texas Association for Interior Design, which along with ASID is responsible for promoting anticompetitive legislation in Texas,  also admitted that there is “no documented case she knows of in Texas where an unlicensed interior designer created a safety hazard“.

Read the full story and watch the video here:  http://www.kxan.com/dpp/news/local/Interior_designers_rally_for_rights?disqus_reply=6433417#comment-6433417.

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ACTION NEEDED!

Interior design SB 337 passes Senate committee 6-1

Bill goes to Senate floor on Tuesday, February 24th

Yesterday, February 18th, the Senate Committee on Commerce & Public Policy passed SB 337.

This bill would create a new state registration for a small group of interior designers who have passed the NCIDQ. It appears that this bill would benefit less than 10% of IN designers who would not qualify under the guidelines, thereby resulting in the state becoming the marketing agent for these select few, while placing the majority of the design community at an unfair competitive disadvantage.

Beware! While this may on the surface appear to be an innocuous piece of legislation, historically the pro-regulation faction will accept any piece of legislation in order to get their foot in the door. Once some kind of regulation has been established, they will come back year after year, and quietly, under the radar, attempt to incrementally amend the law until it meets their true goal: a full blown practice act.

This is not speculation.

It has, and is, happening in many states.

Incredibly, Governor Daniels, whose strong veto message denounced the 2007 Indiana title act bill, is now said to be in support of this bill because it could bring in state revenue. This is not true! The fiscal impact statement provided with the bill absurdly claims that 950 interior designers in Indiana will register @$100. The truth is that only a very small percentage of these designers (reportedly less than 100) are either qualified or willing to register, thus it will COST the state many thousands of dollars that would be better spent on recovering from the difficult economy.

Reportedly, Sen. Ron Alting, the Chair of the Committee commented in a prior meeting that he is tired of the constant barrage from ASID.

THAT IS NO REASON TO PASS LEGISLATION!!!

Are you going to let ASID’s relentless whining that they “just want some recognition” result in their getting the business you deserve? Please note:

  • According to reports that have come in referencing the ASID website, there are only 67 “professional” ASID members in Indiana [and many of those were most likely grandfathered and did not pass the NCIDQ.]
  • According the the [ultra-conservative] BLS statistics, there are approx. 1512 interior designers in Indiana.
  • Are you going to sit back and let this 4% [less if you take out those grandfathered] of elitist insiders dictate how the remaining 96% of designers in Indiana market themselves? Surely not!

THIS BILL IS GOING TO PASS UNLESS

THE SENATE IS BARRAGED

WITH LETTERS AND PHONE CALLS

OPPOSING THE BILL!!!

IMMEDIATE ACTION:

  1. Contact your Senator. Phone and fax are best, followed by email. Do ALL THREE if possible.
  2. Ask your clients, vendors, friends and family to contact their Senators and register their opposition to the bill.
  3. Contact the Governor and ask him to withdraw his support for the bill.

Link to sample letter provided below.

PLEASE DO NOT MAKE THE MISTAKE of thinking that others will do this for you!

THE ASID-LED CARTEL IS

“BOMBARDING” THE

SENATE WITH LETTERS RIGHT NOW!


Without a groundswell of opposition, this bill is going to pass. But with your help, we can defeat it.

If you live in a state surrounding IN and currently have business there or would like to work there in the future, please contact IN Senators and the Governor.

Do not let this special interest group reduce you to a second class citizen within the design community.

Protect your livelihood

Protect your rights

Protect your future!

Executive Director

INTERIOR DESIGN PROTECTION COUNCIL

Legislator Contact Info

Click here to find your Senator

Governor Contact Info

Governor Mitch Daniels

Phone: (317) 232-4567

Fax: (317) 233-4275


Sample Letter

Click here for sample letter

Contact Us

email: info@idpcinfo.org

phone: 603.228.8550

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