Ms. Lupo challenged the constitutionality of The Act. She argued and the Alabama Supreme Court agreed that her constitutional rights had been violated through the enforcement of The Act. Once The Act was struck down, the Board worked quickly to revise and amend The Act so as to remove the constitutional issues. In March of 2008, the attorney general of the state of Alabama wrote a clarification opinion letter to Alabama State Senator Vivian Davis Figures. The opinion letter addressed a new provision, ACT 2006-518 and its affect on the Interior Design Consumer Protection Act. The new Act modified the old act to allow consulting services to be performed by an unregistered person even in the absence of a retail sale. It upheld, however, the restriction on the use of the title “Interior Designer to those who registered with the Board” (King, 2008).
King. American Society of Interior Designers. October 7, 2008. June 17, 2009.http://www.asid.org/legislation/legislation/.
The Dissent
15 years ago
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