Decision Of The Court

The Supreme Court of Alabama in a unanimous decision struck down the Alabama Interior Design Consumer Protection Act of 2001 (“The Act”) as unconstitutional. The Honorable Justice Smith wrote the majority opinion (State of Alabama v. Lupo, 2007). The Honorable Justice Parker wrote a special opinion concurring with the majority on a specific point of law. Justice Parker took issue with an inference that the court acted with bias or politics. Parker agreed with the positions expressed in the majority opinion and provided additional constitutional law and authority. The Act was a “title act” (Smith, 2007). The act regulated the use of the title Interior Designer. Individuals desiring to hold themselves out as Interior Designers in Alabama were required to register with the Board of Registration for Interior Design and meet specific education and experience requirements. The Board sued and fined Ms. Lupo $1,500 plus an additional $235 for costs for using the title Interior Designer while failing to meet the requirements. The lower court found for Ms. Lupo and declared The Act unconstitutional. The Board appealed to the Supreme Court of the State of Alabama. The Supreme Court agreed with the lower court finding The Act to be “overly broad, unreasonable, and vague” (Smith, 2007).


Smith, Justice. Majority opinion. State of Alabama v. Lupo. Supreme Court of Alabama. October 12, 2007. June 13, 2009.