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Title: Louisiana Is Determined to Keep You Safe from Rogue Florists
Source: Foundation For Economic Education
URL Source: https://fee.org/articles/louisiana- ... -you-safe-from-rogue-florists/
Published: May 16, 2018
Author: Charles Hughes
Post Date: 2018-05-16 09:40:56 by Deckard
Keywords: None
Views: 3303
Comments: 40

With Mother’s Day upon us, people are wondering what to get their mothers as a token of appreciation. Flowers are a classic gift. Beautiful bouquets are available everywhere, but customers in Louisiana are unique in that their florists must obtain licenses to practice their profession. After a bill that would have repealed the licensing requirement was defeated in the State Senate Agriculture Committee by a 6 to 1 vote this week, licensing will remain the case for the immediate future.

Louisiana should remove this licensing requirement for florists. It would create more opportunities for would-be florists, and lower prices for people looking for flower arrangements, regardless of the occasion.

Occupational Licensing Run Amok

While unfortunate, it perhaps should not be surprising that the repeal bill did not pass, as the state has a penchant for occupational licensing. Louisiana tied with Washington for the most occupations licensed in a recent report from the Institute for Justice, requiring licenses for 77 out of 102 occupations included. A study from the Archbridge Institute found that from 1993 to 2012 Louisiana had the largest increase in the number of low-income occupations that were newly licensed.

These findings were one factor spurring renewed interest in reviewing and potentially reforming the licensing framework in the state, with the Baton Rouge Advocate reporting that the bill had enjoyed support from a broad coalition including Democratic Governor John Bel Edwards, Republican State Representative Julie Emerson, and the Louisiana Association of Business and Industry.

Even with this support, the bill garnered only one vote in committee. Incumbent florists objected strenuously to the bill, and one florist said that “Having a license is not a barrier… To say you are a licensed florist sets you apart in the industry."

It is difficult to see how requiring every florist in the state to obtain a license can set them apart, since everyone has to have a license. To obtain the required florist license, people have to pay $189 in fees and take an exam. These fees serve as a barrier for some seeking to earn supplemental income, as might the time required to prepare and take the exam.

It's Not Just Florists, Either

These barriers can be seen when looking at another occupation at the center of licensing reform efforts in the state: hair braiding. In 2012 Mississippi, which only requires hair braiders to register with the state, had 1,245 working hair braiders.

Meanwhile, Louisiana, which required 500 training hours for a license, had only 32. The burdens associated with the license for florists are not as arduous, but these requirements do serve as barriers for people seeking to enter the occupation.

In most professions, incumbents and proponents of licensing attempt to make the case that safety is the motivating factor for the license, but those arguments would strain credulity when it comes to designing bouquets. Instead, warnings about licensing reform here are that it would “denigrate the profession.”

Is Reform on the Horizon?

Beyond florists, the scope of occupational licensing in the United States has grown significantly over time, from about 5 percent of occupations in the 1950s to about 25 percent today. Recently, some states and federal entities have showed renewed interest in reviewing and potentially reforming the status quo. For example, the state legislature in Nebraska just passed a bill requiring review of existing licenses to determine whether occupations require government intervention, and if so, that the license is the least restrictive form of regulation that is feasible.

While these are positive developments, Louisiana fell short in what should have been one of the more incremental and uncontroversial areas for improvement of any occupation in any state, and it will continue to be the only state in the nation that licenses florists.

The setback in Louisiana should lead more people to ask whether they think it makes sense to require florists to obtain a license from the government. As more research regarding the adverse consequences of licensing is disseminated, and other states continue to make progress, perhaps Louisiana’s florist license requirement will be repealed.

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Begin Trace Mode for Comment # 35.

#1. To: Deckard (#0)

In our democracy, occupational licensing has long been used, all the way back to the early 19th Century, as a means of protectionism by local constituencies.

The Commerce Clause could be used to hammer it down, of course, but it's too popular to go easily.

Vicomte13  posted on  2018-05-16   9:43:55 ET  Reply   Untrace   Trace   Private Reply  


#5. To: Vicomte13 (#1) (Edited)

The Commerce Clause could be used to hammer it down, of course, but it's too popular to go easily.

I never thought of that before but you could easily find thousands of instances where interstate trade is curtailed because of unnecessary and conflicting licensing requirements in various states.

You'd have to find the right case and catch the USSC in a cantankerous mood about unconstitutional regulation and restraint of trade.     : )

If only we could dump Anthony Kennedy this year. I'm starting to think we aren't going to be that lucky.

Tooconservative  posted on  2018-05-16   12:10:09 ET  Reply   Untrace   Trace   Private Reply  


#7. To: Tooconservative (#5) (Edited)

If only we could dump Anthony Kennedy this year. I'm starting to think we aren't going to be that lucky.

Before Trump leaves office we're going to replace Kennedy and Ginsburg. IF he puts pro-lifers up there, Roe will be teed up for extinction.

And then the question will be the grounds.

If they're cranky conservatives who really want to protect it, they'll strike it down on 9th and 10th Amendment grounds, and the issue will return to the states...where all of the populous ones except maybe Texas will enact abortion on demand.

On the other hand, if they strike down abortion as a violation of the human rights of the unborn person, it can be banned nationwide on a constitutional basis.

Obviously I favor the latter approach. It will probably take Catholics to do it. So we need more Catholics up there for this.

Vicomte13  posted on  2018-05-16   13:20:43 ET  Reply   Untrace   Trace   Private Reply  


#8. To: Vicomte13 (#7)

If they're cranky conservatives who really want to protect it, they'll strike it down on 9th and 10th Amendment grounds, and the issue will return to the states...where all of the populous ones except maybe Texas will enact abortion on demand.

Not Texas either. For all the pro-lifers in these Red states, none will actually try a ban. You recall that even the pro-lifers of SD some years back recoiled from such legislation.

I think you'd see a lot more in the Red states of outlawing third-trimester abortion unless a panel of independent doctors insisted that the life of the mother was significantly at risk if the pregnancy was continued.

If that was the result of striking down Roe, you'd then see fights in various states of whether to push the abortion limit from the third trimester back to the fifth month and that would be the abortion battleground in that state (or states).

And the lib states would embrace the current policy: unlimited abortion on demand and with a strong preference for taxpayer-funded abortion-on-demand.

Tooconservative  posted on  2018-05-16   13:28:59 ET  Reply   Untrace   Trace   Private Reply  


#9. To: Tooconservative (#8)

Which is why we need a panel of Catholics to declare the personhood of the unborn, preventing their abortion for any reason on constitutional due process grounds.

That, and vigorous enforcement of the law afterwards, is what is required to actually STOP most abortion.

Vicomte13  posted on  2018-05-16   13:35:28 ET  Reply   Untrace   Trace   Private Reply  


#13. To: Vicomte13 (#9)

Which is why we need a panel of Catholics to declare the personhood of the unborn, preventing their abortion for any reason on constitutional due process grounds.

The solution is to turn the issue over to the states -- like it was before. Easier to declare the personhood of the unborn at the state level.

misterwhite  posted on  2018-05-16   16:41:35 ET  Reply   Untrace   Trace   Private Reply  


#14. To: misterwhite (#13)

Easier to declare the personhood of the unborn at the state level.

No, that takes 50 decisions, and it allows some states to go right on murdering babies because the people there want to.

No, the easiest way to amend the Constitution, by far, is to get 5 Supreme Court Justices to pronounce that abortion is unconstitutional because it deprives the unborn person of life without due process, and that because the unborn person cannot commit crime, it is impossible to assert that there is a basis on which he or she may be deprived of life, regardless of process, thereby banning abortion in all 50 states, as a matter of the Constitution, and removing the issue from democratic oversight, unless somebody can get 2/3rds of both houses of Congress and 37 states to agree to amend the Constitution...or the other side gets 5 Supremes.

The ends justify the means.

Vicomte13  posted on  2018-05-16   17:00:37 ET  Reply   Untrace   Trace   Private Reply  


#17. To: Vicomte13, Y'ALL (#14)

Vicomte13 (#7) ---- If they're cranky conservatives who really want to protect it, they'll strike it down on 9th and 10th Amendment grounds, and the issue will return to the states...where all of the populous ones except maybe Texas will enact abortion on demand.

Not Texas either. For all the pro-lifers in these Red states, none will actually try a ban. You recall that even the pro-lifers of SD some years back recoiled from such legislation. --- TC

Vic ----- No, the easiest way to amend the Constitution, by far, is to get 5 Supreme Court Justices to pronounce that abortion is unconstitutional because it deprives the unborn person of life without due process, and that because the unborn person cannot commit crime, it is impossible to assert that there is a basis on which he or she may be deprived of life, regardless of process, thereby banning abortion in all 50 states, as a matter of the Constitution, and removing the issue from democratic oversight, ----- The ends justify the means.

Supreme Court opinions are not 'pronouncements', and do NOT alter the Constitution, despite your daffy opinion, and that "ends justify the means".

tpaine  posted on  2018-05-16   18:03:05 ET  Reply   Untrace   Trace   Private Reply  


#21. To: tpaine (#17)

For all fuctional purposes, Supreme Court opinions are the Constitution.

Vicomte13  posted on  2018-05-16   19:13:30 ET  Reply   Untrace   Trace   Private Reply  


#22. To: Vicomte13 (#21)

Vic ----- No, the easiest way to amend the Constitution, by far, is to get 5 Supreme Court Justices to pronounce that abortion is unconstitutional because it deprives the unborn person of life without due process, and that because the unborn person cannot commit crime, it is impossible to assert that there is a basis on which he or she may be deprived of life, regardless of process, thereby banning abortion in all 50 states, as a matter of the Constitution, and removing the issue from democratic oversight, ----- The ends justify the means.

Supreme Court opinions are not 'pronouncements', and do NOT alter the Constitution, despite your daffy opinion, and that "ends justify the means". --- tpaine

For all fuctional purposes, Supreme Court opinions are the Constitution.

Lots of misguided people say that, but in fact our States have enormous powers, -- which unfortunately, many States abuse, trying to enact prohibitions on basic rights, just like the deep state feds..

Socialism is a disease...

tpaine  posted on  2018-05-16   19:40:25 ET  Reply   Untrace   Trace   Private Reply  


#26. To: tpaine (#22)

The states lost most of their power when a bunch of them tried to secede over slavery and were dragged back in by federal power. That means that the losing side can’t leave unless it can win in war, which means the submission of liberals to conservatives, or vice versa, whoever rules the roost at a given time. There is no exit option short of winning a war of secession, and that’s impossible, so it all comes down to politics, with the Supreme Court as the final arbiter of everything.

Vicomte13  posted on  2018-05-16   19:53:11 ET  Reply   Untrace   Trace   Private Reply  


#27. To: Vicomte13 (#26)

For all fuctional purposes, Supreme Court opinions are the Constitution. --- Vic

Lots of misguided people say that, but in fact our States have enormous powers, -- which unfortunately, many States abuse, trying to enact prohibitions on basic rights, just like the deep state feds.. Socialism is a disease...--- tpaine

The states lost most of their power when a bunch of them tried to secede over slavery and were dragged back in by federal power. That means that the losing side can’t leave unless it can win in war, which means the submission of liberals to conservatives, or vice versa, whoever rules the roost at a given time. There is no exit option short of winning a war of secession, and that’s impossible, so it all comes down to politics, with the Supreme Court as the final arbiter of everything.- Vic

Your unusually short opinion on States powers, claiming their only recourse to Supreme Court opinions is civil war, ---- is silly..

Calif and NY, among others, are currently openly defying opinions on the 2nd, with no action by the Court.. Can you explain why?

tpaine  posted on  2018-05-16   20:29:11 ET  Reply   Untrace   Trace   Private Reply  


#28. To: tpaine (#27)

Yes, I can explain why. Those states have huge liberal majorities, but the conservative majority at the federal level is very tenuous and divided, and there's an election coming. So, you have very strong local opinions in those states, versus a weak and divided center. It's the same with sanctuary cities and marijuana legalization. Federal law is clear, and Presidents COULD send in paramilitary forces to kick ass and take names. But Republicans want to hold SOME seats from Colorado and California. And there are liberal Republicans. So the will doesn't exist to enforce those particular laws against a gradient of ferocious opposition.

Liberals don't enforce laws they violently oppose. Conservatives don't either. They choose to emphasize other things.

There are very few issues on which the dominant federal party has been willing to forcibly impose on a strongly resistant regional opposition. Coal regulation is one of them. Black-white racial issues have been the main one. More recently, everything related to gays has become a nationalized issue, because the Left was willing to use power to compel states. They also lost control of government, perhaps as a result.

Republicans are not willing to spend the political capital to go and impose liberal gun laws on California.

Everything is political.

Vicomte13  posted on  2018-05-16   22:26:50 ET  Reply   Untrace   Trace   Private Reply  


#29. To: Vicomte13 (#28)

Your unusually short opinion on States powers, claiming their only recourse to Supreme Court opinions is civil war, ---- is silly..

Calif and NY, among others, are currently openly defying opinions on the 2nd, with no action by the Court.. Can you explain why? --- tpaine

Yes. --- Federal law is clear, and Presidents COULD send in paramilitary forces to kick ass and take names.

Republicans are not willing to spend the political capital to go and impose liberal gun laws on California. -- Vic

Liberal gun laws? I can believe you meant :--- "Republicans are not willing to spend the political capital to go and impose (constitutional) gun laws on California".

But like your belief that Presidents have the power to wage paramilitary war on States, I'd bet you're just being silly again.

What the hell is going on with you? Has your weird cousin gotten access to your machine?

tpaine  posted on  2018-05-16   23:39:50 ET  Reply   Untrace   Trace   Private Reply  


#32. To: tpaine (#29)

Liberal gun laws? I can believe you meant :--- "Republicans are not willing to spend the political capital to go and impose (constitutional) gun laws on California".

But like your belief that Presidents have the power to wage paramilitary war on States, I'd bet you're just being silly again.

What the hell is going on with you? Has your weird cousin gotten access to your machine?

I make a clear distinction in my thinking between "can" and "ought". You don't. This makes it hard for you to understand me.

What has happened lately is that I've realized that my desire to find peace and common ground through pragmatic compromise is lost on the denizens of this site, who are almost all practically avatars for their own extreme positions, so I've just started to post exactly what I think, like everybody else here.

Vicomte13  posted on  2018-05-17   10:14:25 ET  Reply   Untrace   Trace   Private Reply  


#35. To: Vicomte13 (#32)

What the hell is going on with you?

Vic ---- What has happened lately is that I've realized that my desire to find peace and common ground through pragmatic compromise is lost on the denizens of this site, who are almost all practically avatars for their own extreme positions, so I've just started to post exactly what I think, like everybody else here. ----- I make a clear distinction in my thinking between "can" and "ought". You don't. This makes it hard for you to understand me.

I have no problem understanding you now that you admit you've "just started to post exactly what I think"...

Good plan, - honesty is always the best policy....

tpaine  posted on  2018-05-17   11:46:06 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 35.

#38. To: tpaine (#35)

I have no problem understanding you now that you admit you've "just started to post exactly what I think"...

Good plan, - honesty is always the best policy....

I was never being dishonest. I was being diplomatic. I was operating in a "real world" paradigm, where none of us gets most of what we want, and where we're all looking for "third best" or "least worst" compromise positions to move the flying wedge forward.

On this site, people don't think like that. They're avatars for various extreme positions. So the discussion isn't reality based, it's ideal-based.

Instead of trying to negotiate reasonable compromises, I have decided to become an avatar myself, advocating for my own view of exactly how each thing should be, and why.

Before, I expected to be understood for my moderation and my effort to bring warring positions to some sort of reasonable compromise.

But that's not why people come to this site, is it?

So now I'm just speaking in terms of "shoulds", and pointing out the advantages and barriers to obtaining what ought to be.

Vicomte13  posted on  2018-05-17 14:29:17 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 35.

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