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Federal Appeals Court Upholds State Casket Law

Written by DeadGirl
Wednesday, 25 August 2004
Federal Appeals Court Upholds State Casket Law Panel Says Only Licensed Funeral Directors Allowed To Sell Caskets DENVER -- A federal appeals court upheld an Oklahoma law Monday that allows only licensed funeral directors to sell caskets. The 10th U.S. Circuit Court of Appeals denied arguments from opponents that the law is too stringent and creates a casket monopoly that forces higher prices. The decision by the Denver-based court upholds the December 2002 ruling of a federal judge in Oklahoma. Obtaining a funeral license in Oklahoma requires two years of college, a one-year apprenticeship and the embalming of 25 bodies. State officials have said the law protects grieving families from fraud. Kim Powers of Ponca City, Okla., sued the state Board of Embalmers and Funeral Directors saying the law unconstitutionally limits her rights to do business. She does not have a funeral director's license but sells funeral supplies through the Internet. Powers and her partner, Dennis Bridges of Knoxville, Tenn., operate Memorial Concepts Online. They say their caskets are hundreds of dollars cheaper than ones sold in funeral homes. Powers couldn't be reached for comment on the ruling Monday night. Terry McEnany, director of the Oklahoma State Board of Embalmers and Funeral Directors, praised the decision. "I think this was a victory for Oklahoma's state rights and also a victory for Oklahoma funeral purchasers," McEnany, of Oklahoma City, said. McEnany said the Oklahoma Legislature decided that the best way to regulate funeral sales was to require they be sold through licensed, regulated funeral homes. "The plaintiffs in this case alleged they would offer some kind of savings to funeral consumers by providing discounts on caskets, but they produced no evidence of that in the trial." The Institute for Justice, which represented Powers, won a lawsuit in 2000 alleging a casket monopoly in Tennessee. Similar laws have been struck down in Mississippi and Georgia, but exist in many other states. http://www.channeloklahoma.com/news/3676755/detail.html

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Taphophilia?

taphophilia (taf′ō-fil′ē-ă)

ORIGIN:
From the Greek words taphos, meaning "tomb" or "sepulcher" and philia, meaning "attraction or affinity to something, in particular the love or obsession with something"

DEFINITION: 1. An excessive interest in graves and cemeteries. 2. A love or fondness for funerals, graves, and cemeteries. 3. In psychiatry, a morbid attraction to graves and cemeteries