Byrum, et al. v. Landreth, et al. Challenging Texas' Licensing of Speech For Interior Designers
Vickee Byrum is an interior designer, but, remarkably, the State of Texas insists that she keep that fact a secret.
While anyone in Texas may legally provide interior design services, state law dictates that only those with government-issued licenses may call themselves “interior designers” or use the words “interior design” to describe what they do. On May 9, 2007, the Institute for Justice, a national public interest law firm that defends free speech and the rights of entrepreneurs, filed suit in the U.S. District Court for the Western District of Texas in Austin on behalf of Vickee and three other entrepreneurs challenging Texas’ “titling” law as a violation of free speech rights protected by the First Amendment. Simply put, IJ’s lawsuit will demonstrate that the First Amendment cannot simply be brushed aside by states seeking to promote the anti-competitive interests of the interior design cartel. | Essential Background | | Images | | Backgrounder: Challenging Texas’ Licensing of Speech For Interior Designers | | Client Photo - none available | | | Client Video - none available | | |
| | Latest Release: Texas Interior Designers Have Their Day in Court (January 14, 2008) | | Legal Briefs and Decisions | | | Download: Institute for Justice Complaint  | | Launch Release: Texas Interior Designers File Lawsuit Challenging State Censorship (May 9, 2007) | | Download: Defendants' Answer  | | | | Download: Plaintiffs' Combined Motion for Summary Judgment and Preliminary Injunction  | | | | Download: Defendants' Response to and Cross-Motion for Summary Judgment and Exhibit C  | | | | Download: Plaintiffs' Response to Cross-Motion for Summary Judgment  | | | | Download: Defendants' Reply to Plaintiffs' Response  | | | | Download: Plaintiffs' Surreply  | | |
| | | Case Timeline | | |
| | | |
| U.S. District Court for the Western District of Texas, Austin Division | | |
| | | | | | | |
| Plaintiffs' Motion for Preliminary Injunction and for Summary Judgment Filed June 11, 2007 | | | | Response due June 22, 2007 | | | | | | Additional Releases | | Maps, Charts and Facts | | none available | | Designing Cartels: How Industry Insiders Cut Out Competition | | |
| | | | | | | | Op-eds, News Articles and Links | | | Article: IJ Takes the Fight to the Interior Design Cartel, Liberty & Law (June 2007) | | | Article: Interior decorators file lawsuit, Austin American-Statesman, (May 10, 2007) | | | Article: They design interiors -- but can they tell customers that?, Austin Business Journal, (May 10, 2007) | | | | | | Article: Decorators fight legislation to limit practice, Austin American-Statesman, (May 3, 2007) (registration required) | | | | Article: George Will: Wallpapering with red tape Washington Post, (March 22, 2007) |
|