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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: 3295
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 After a bill that would have repealed the licensing requirement was defeated in the State Senate Agriculture Committee by a 6 to 1 vote this week, licensing will remain the case for the immediate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 # 4.

#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  


#2. To: Vicomte13 (#1)

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.

Come on. $189 is no deterrent. You can earn that back in a day.

How about New York City's taxi medallions that go for $1 million each? That's been going on for over 80 years. Now THAT'S protectionism.

misterwhite  posted on  2018-05-16   10:29:21 ET  Reply   Untrace   Trace   Private Reply  


#3. To: misterwhite (#2)

I recognize that occupational licensing, both the kind that makes sense and also the abusive kind, are inevitable parts of democratic government. People can agitate for what they want, and guilds and professions, and unions, have strong self-interest in running as closed shops as they can. Nowhere is this more visible than among lawyers and doctors.

Every state has a licensing board for doctors, and foreign doctors often have to struggle for years to get licensed because, you know, the human body is vastly different in Spain than it is in America.

Vicomte13  posted on  2018-05-16   10:39:02 ET  Reply   Untrace   Trace   Private Reply  


#4. To: Vicomte13 (#3)

If you want to play the game, you agree to the rules of the game. You don't get to sign up and then demand changes.

This is what the citizens of Louisiana want. There are their rules. If you don't live in Louisiana, well, this is none of your business. State's rights, correct?

If you do live in Louisiana and you object, work to change the rules and stop yer bitchin'. I have never seen so many helpless posters in my life as those on this forum.

misterwhite  posted on  2018-05-16   11:06:09 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 4.

#6. To: misterwhite (#4)

You don't get to sign up and then demand changes.

Yes you do. The nature of democratic politics is that every single thing is always negotiable, and every single rule can be changed, even reversed, if you can get enough people in the right positions of power to change the rule.

That could be a bare majority on a city council, or a state legislature, or Congress (with 60 votes in the Senate). Or it could be a single regulator with regulation writing authority, or a single judge, or five justices of the Supreme Court, or an enforcer who decides to not enforce it, or conversely, who decides to enforce it to a maximal standard beyond what the original advocates of the rule wanted or intended.

No rule is set in stone forever. Every one can be challenged, overturned and replaced. And everybody has the right to agitate against rules he hates.

But if you decide not to FOLLOW the rule, and some enforcer decides to enforce it on you, you're stuck.

Vicomte13  posted on  2018-05-16 13:19:24 ET  Reply   Untrace   Trace   Private Reply  


#16. To: misterwrong, outs himse!f once again as anticonstitutional (#4)

This is what the citizens of Louisiana want. There are their rules. If you don't live in Louisiana, well, this is none of your business. State's rights, correct?

If you do live in Louisiana and you object, work to change the rules and stop yer bitchin'. I have never seen so many helpless posters in my life as those on this forum. --- misterwrong

Incorrect. States do not have the power or 'rights' to infringe on citizens rights, according to the supremacy clause of the Constitution..

I have never seen so many posters in my life as those on this forum, --- who realize that misterwrong is a troll.

tpaine  posted on  2018-05-16 17:43:56 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 4.

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