CHALK UP ANOTHER ONE IN THE WIN COLUMN.
LOCKE v. SHORE LAWSUIT Rehearing DENIED
US Court Of Appeals for the Eleventh Circuit
On Petition(s) For Rehearing and Petition(s) For Rehearing En Banc. The Petition(s) for Rehearing are DENIED and no Judge in regular active service on the Court requested that the Court be polled on rehearing en banc (Rule 35, Federal Rules of Appellate Procedure), the Petition(s) for rehearing En Banc are DENIED ( http://www.idaf-fl.org/ )
Looks like the Institute for Justice got sent back to the locker room. While the Florida legislative branch was considering killing interior design regulation the IJ was attacking the legal flank with a request for another hearing on the Locke v. Shore lawsuit. (http://www.ij.org/images/pdf_folder/economic_liberty/fl_interior_design/idpc_amicusforrehearing.pdf )
Evidently the IJ was not happy with the courts earlier judgment regarding use of the term “interior design”. From the petition for rehearing we can see how the legal technicians at the IJ are able to spin anything and everything said about what interior design (page 8 of the brief no really you need to read this stuff- it’s classic misinformation spin) . So here is their offensive strategy;
“Interior designers have not been historically licensed; they are not fiduciaries; and unlike accountants, lawyers, and investment advisors, interior designers have chosen a fundamentally expressive vocation. The central purpose of interior design is to create a space that is expressive and artistic: a room that communicates a message.”The designer’s aim is to make the realities of a designed space-its form,materials, furnishings, and so on-express in an appropriate way a set of ideas that the designer wishes to communicate.” John F. Pile, Interior Design 49 (4th ed.2007); ide at 65”
“…………It is hardly surprising, then, that the professional reputation of interior designers is tied to their artistic talent-not their technical abilities. Leading interior designers consistently emphasize their artistry, not their functional knowhow. One famous designer, for example, compares himself to a still-life painter:
“Interior Design has always been for me a hybrid between fine art and applied art. I think of interiors as a walk-in still life, not unlike a painter who gathers objects on a table to paint, but more precisely chosen and arranged.” John Saladino, Interiors,http://www.sa1adinostyle.com/#/sectionJsdg%20interiors/sdg~icture id/13”
“Famous designers describe themselves as artists because they are artists. What separates the truly great designers from the average is artistic vision, not a superior ability to place air conditioning units where they will not obstruct wheelchair access.”
So PROFESSIONALINTERIORDESIGNERS scouting report on the other teams in the league (see list of supporting appellants) is that they will use everything we say against us. In other words we need to be laser clear every time we write or discuss what we do and who we are.