Louisiana woman files federal lawsuit trying to overturn state florist license requirement

Keymonte Avery
·2 min read

DENHAM SPRINGS, La. (BRPROUD) — A Denham Springs woman has filed a lawsuit in the Middle District of Louisiana Court against the Louisiana Horticulture Commission after being refused the ability to arrange and sell flowers without a florist license.

According to the lawsuit, Angele Mixson started arranging flowers as a hobby after the death of her daughter. Mixson tried to buy flowers wholesale and was denied because of a lack of a florist license. Mixson contacted the state and learned that a license was required.

She believes the mandatory license violates her constitutional rights and “unfairly restricts her from carrying out a harmless and therapeutic occupation,” according to the suit.

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Louisiana is the only state that requires a retail florist license. It costs $114 to take the exam, then $100 for the license, which must be renewed annually.

There’s also a fee for the cut flower dealer permit.

The suit reads: “Here, the Louisiana Horticulture Commission (the “Board”) enforces an elaborate florist licensing law that arbitrarily and unjustly bars hundreds of potential florists from a legitimate route to financial stability. It restricts this inherently harmless occupation to those deemed “qualified” by the Board, thereby impeding the right of individuals to earn a living honestly.”

The suit notes that Mixon took the exam but failed to pass. Her attorneys argue that the barriers and requirements do “not advance any discernible public health or safety interest.”

The Pelican Institute for Public Policy, which is providing Mixon legal representation, stated in a news release that the required florist licensing is a hurdle placed by the Horticulture Commission to “showcase blatant disregard for her creativity and entrepreneurial spirit.”

“This lawsuit is not just about Angele’s right to arrange and sell flowers; it’s about the rights of all Louisianans to earn an honest living in their chosen profession without facing unnecessary and burdensome barriers,” said Sarah Harbison, general counsel at the Pelican Institute. “The state’s florist licensing regime is a clear violation of Angele’s constitutional rights and does nothing to protect the public or ensure the competency of florists.”

The lawsuit states that Mixson requests that the retail florist license be invalidated and set aside as it violates the United States Constitution — particularly the First and 14th amendments — and an order prohibiting the Horticulture Commission and its members from enforcing the licensing.

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