Lawsuit challenges constitutionality of florist law

Monique Chauvin, owner of Mitch’s Flowers in New Orleans, has filed a lawsuit in U.S. District Court to challenge the constitutionality of a 70-year old Louisiana law that requires florists to pass a test in order to obtain a license. USA Today reports the suit was filed by Institute of Justice, a non-profit Washington, D.C., law firm, on behalf of Chauvin and three other florists who have failed the test or refused to take it.
Chauvin failed the test in 2000 and has not retaken it. She told the newspaper that the archaic law should be removed from the law books. The Louisianatest consists of 80 questions along with a 4-hour, 4-part hands-on design section during which florist candidates are scored on their ability to design a wedding arrangement, a funeral wreath, a corsage and a table bouquet. The arrangements are judged by a panel of 3 licensed florists. Candidates must achieve an average score of 70% or higher on both the arrangement and written sections to receive a license.
Agriculture and Forestry Commissioner Mike Strain, said his efforts to do away with the design portion of the retail florist licensing exam during the 2008 legislative session were rebuffed by the legislature and he has no plans to re-introduce legislation that would end state testing requirements for professional florists.
In July 2009, the Louisiana Horticulture Commission changed the way the retail florist licensing test is scored, which has resulted in a significantly higher passing rate.
“The scores of the two tests are weighted equally and a combined score of 70 percent is the lowest passing grade,” Strain said. “The passing rate before July 2009 was around 60%. Now it’s nearly 80%.”
Strain said the state’s Dept. of Agriculture & Forestry would continue to enforce the law.
I am charged with enforcing the state’s horticulture laws, rules and regulations as set forth by the legislature,” he said. “And until the legislature changes the law, the requirements regulating the floristry profession will remain in place.”