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BYRUM v. LANDRETH

No. 08-50231.

566 F.3d 442 (2009)

Vickee BYRUM; Joel Mozersky; Veronica Koltuniak; Nancy Pell, Plaintiffs-Appellants, v. Gordon E. LANDRETH, in his official capacity as Chairman of the Texas Board of Architectural Examiners; Alfred Vidaurri, Jr., in his official capacity as Vice-Chairman of the Texas Board of Architectural Examiners; Rosemary A. Gammon, in her official capacity as Treasurer of the Texas Board of Architectural Examiners; Robert Kyle Gardener, in his official capacity as member of the Texas Board of Architectural Examiners; Janet Parnell, in her official capacity as member of the Texas Board of Architectural Examiners; Peter L. Pfeiffer, in his official capacity as member of the Texas Board of Architectural Examiners; Diane Steinbrueck, in her official capacity as member of the Texas Board of Architectural Examiners; Peggy Lewene Vassberg, in her official capacity as member of the Texas Board of Architectural Examiners; James S. Walker II, in his official capacity as member of the Texas Board of Architectural Examiners, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 22, 2009.

Attorney(s) appearing for the Case

Clark M. Neily, III (argued), Arlington, VA, Cindy Olson Bourland, Merica & Bourland, Austin, TX, for Plaintiffs-Appellants.

Marianna Grayson, Office of Atty. Gen, Gen. Lit. Div., Erika M. Laremont, Eric L. Vinson (argued), Austin, TX, for Defendants-Appellees.

Before JONES, Chief Judge, JOLLY, Circuit Judge and CARDONE, District Judge.

EDITH H. JONES, Chief Judge:

In this commercial speech case, the appellants would prevent Texas from enforcing its interior design "titling" law, which prohibits unlicensed practitioners from using the terms "interior designer" or "interior design" to describe their trade and the services they provide but does not limit who may practice interior design. The district court denied their motions for preliminary injunction and summary judgment. We have jurisdiction over...

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