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NKBA Adds Funds to Oppose Interior Design Title and Practice Act
March 14, 2008
The Board of Directors of the National Kitchen and Bath Association (NKBA) recently approved the allocation of $750,000 in funds to oppose interior design title and practice act legislation during fiscal year 2008. This figure is in addition to previously budged funds that were approved for the Association's budget in October 2007.
"The members of our Association are deeply concerned about the attempts by a handful of interior designers throughout the country who are seeking to restrict the ability of persons in the built environment to perform interior design services and limit the right of the public to choose the designer who best suits their needs and budget," said Edward S. Nagorsky, general counsel and director of legislative affairs at the NKBA. "There is a concerted effort on the part of a select few designers who insist that everyone seeking to practice interior design attend their approved schools and pass their selected exam, all without any demonstration that the continued practice of interior design by those who cannot or choose not to take their test and go to their schools is in any way harmful to the public."
The NKBA has been instrumental in educating the design community about these attempts to limit the market and dictate who may or may not provide interior design services. Through its legislative website; articles and publications; and presentations to local NKBA Chapters, trade associations and other grassroots organizations, much of the industry is now aware of what is at stake. "Our members are happy to compete on the merits of their skill and expertise," Nagorsky said, "but the state governments should not mandate who a consumer must hire to provide design services, which will limit the free market and increase the cost of design services."
Recently, the Alabama Supreme Court took up the issue of an interior design practice act and declared that state's law unconstitutional. The NKBA agrees with the opinion of Justice Parker that serious constitutional rights are involved with this sort of legislation. Not only are the rights of the interior design community to engage in their chosen profession at risk, but also the rights of the public to retain designers' services: "If a homeowner or businessperson wants to express himself by decorating his home or his office in a certain way, and if that person believes [the designer] can best provide the design that he desires, the State should not tell that person that he may not contract with [the designer] merely because [the designer] lacks state certification or an academic degree. Nor should this Court embrace the paternalistic notion that the average citizen is incapable of choosing a competent interior designer without the State's help."
The NKBA has collaborated with the American Institute of Architects, the Interior Design Society, various independent design organizations and several retail associations to defeat restrictive interior design licensing.
Check out the May issue of K+BB for an in-depth discussion of this issue.
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