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FSPA has not been sending the usual amount of information out for the past couple of months, the reason is many afternoons I have been Co-Hosting a Call in Radio Program, the forecast is my responsibilities at the radio station will end in late January when the vacationing permanent host returns to the air.
In a message dated 12/16/02 11:47:33 AM, Vanessa Phillips, (Funeral Service Insider) writes:
Hi all -
I have some news to share that may surprise some of you...I'm engaged!
To some of you, this news will be a shock because you may not have even known I've been seriously dating someone. That's because it's been a whirlwind courtship. Others of you have heard about Manuel over the past couple months and may have seen the writing on the wall.
Manuel is very smart and sweet....he managed banks for than 15 years in his native country of Peru. He's an economist by background. We both enjoy reading, traveling, drinking wine, music, dancing and cooking. We both knew very quickly where things were heading.
He proposed to me shortly before a dinner with my parents this past Saturday night!
We're planning on a private wedding ceremony in Las Vegas in early June, followed by a reception in the DC area in mid June. I'll keep you all informed as we nail down details. We plan to spend this Christmas together of course, w/my family in Philadelphia and DC. (Christmas is his birthday too.)
I'll look forward to all of you meeting him if you haven't already. Thanks for your support!
Vanessa
Dear Vanessa, on behalf of the FSPA's cyberpals, we wish you and Manuel: Health, Wealth and Happiness. ICFA in Las Vegas will be a good opportunity to check out Ceremony locations for your June Wedding, we are all very happy for you, congratulations!
In a message dated 1/7/03 1:53:36 PM, Mojak27@aol.com writes:
Hi there, My name is Chris Culhane and I produce the NBC show, "Meet My Folks". We're looking for a a family with a mortician father or mother and a daughter between the ages of 19 and 27 to be on our show. If you have any ideas please email me back. Thanks for your Help.
Chris Culhane
323 468 4752
In a message dated 1/7/03 11:14:25 AM, HBOnewsletters@hbo.com writes: It's official! The long awaited new season of Six Feet Under premieres Sunday, March 2 at 9PM ET on HBO. Get ready for season 3 by catching up on what you might have missed with the release of the complete first season on DVD and VHS February 4th! Visit http://www.hbo.com/sixfeetunder/ for more info. and complete schedule.
In a message dated 12/19/02 10:11:57 PM, John in Massachusetts sends us:
There was once a man who didn't believe in God, and he didn't hesitate to let others know how he felt about religion and religious holidays, like Christmas.
His wife, however, did believe, and she raised their children to also have faith in God and Jesus, despite his disparaging comments.
One snowy Christmas Eve, his wife was taking their children to a Christmas Eve service in the farm community in which they lived.
She asked him to come, but he refused.
"That story is nonsense!" he said.
"Why would God lower Himself to come to Earth as a man? That's ridiculous!"
So she and the children left, and he stayed home.
A while later, the winds grew stronger and the snow turned into a blizzard. As the man looked out the window, all he saw was a blinding snowstorm.
He sat down to relax before the fire for the evening.
Then he heard a loud thump. Something had hit the window. Then another thump.
He looked out, but couldn't see more than a few feet. When the snow let up a little, he ventured outside to see what could have been beating on his window. In the field near his house he saw a flock of wild geese. Apparently they had been flying south for the winter when they got caught in the snowstorm and could not go on. They were lost and stranded on his farm, with no food or shelter. They just flapped their wings and flew around the field in low circles, blindly and aimlessly. A couple of them had flown into his window, it seemed.
The man felt sorry for the geese and wanted to help them.
The barn would be a great place for them to stay, he thought. It is warm and safe; surely they could spend the night and wait out the storm.
So he walked over to the barn and opened the doors wide, then watched and waited, hoping they would notice the open barn and go inside.
But the geese just fluttered around aimlessly and did not seem to notice the barn or realize what it could mean for them.
The man tried to get their attention, but that just seemed to scare them and they moved further away. He went into the house and came back out with some bread, broke it up, and made a breadcrumbs trail leading to the barn. They still didn't catch on.
Now he was getting frustrated. He got behind them and tried to shoo them toward the barn, but they only got more scared and scattered in every direction except toward the barn. Nothing he did could get them to go into the barn where they would be warm and safe.
"Why don't they follow me?!" he exclaimed. "Can't they see this is the only place where they can survive the storm?" He thought for a moment and realized that they just wouldn't follow a human. "If only I were a goose, then I could save them," he said out loud.
Then he had an idea. He went into barn, got one of his own geese, and carried it in his arms as he circled around behind the flock of wild geese. He then
released it.
His goose flew through the flock and straight into the barn -- and one by one the other geese followed it to safety.
He stood silently for a moment as the words he had spoken a few minutes earlier replayed in his mind: "If only I were a goose, then I could save them!"
Then he thought about what he had said to his wife earlier.
"Why would God want to be like us? That's ridiculous!"
Suddenly it all made sense. That is what God had done. We were like the geese --blind, lost, perishing. God had His Son become like us so He could show us the way and save us. That was the meaning of Christmas, he realized. As the winds and blinding snow died down, his soul became quiet and pondered this wonderful thought. Suddenly he understood what Christmas was all about, why Christ had come. Years of doubt and disbelief vanished like the passing storm. He fell to his knees in the snow, and prayed his first prayer: "Thank You, God, for coming in human form to get me out of the storm!"
Author unknown
In a message dated 12/6/02 12:03:53 PM, Dennis in New Jersey writes:
Authorities ID bodies from funeral home in A.C.
ATLANTIC CITY, NEW JERSEY - Authorities have identified the five corpses found decomposing at the Jewell Funeral Home, but had not filed charges and remained tight-lipped about the criminal investigation Thursday.
Funeral home manager Dorothy Jewell, 70, who lives on the premises at 705 Arctic Ave., again refused to comment on the probe, a day after the state shut down the business and suspended her mortuary license in connection with an unrelated months-long investigation that showed she allegedly mishandled clients' money.
"I have to refer you to Jeffrey Blitz," she told a reporter at 6 p.m. Thursday, referring to the Atlantic County Prosecutor by name, before abruptly closing the funeral home's front door.
Police did not release the names of any of the deceased or comment on how long they had been decomposing at the funeral home, saying full details of the investigation would be made public today.
The situation has attracted national media attention, Police Department spokesman Sgt. Michael Tullio said.
At least one of the families of the deceased contacted the New Jersey Funeral Directors Association on Thursday to ask for help arranging a proper funeral for their loved one, spokeswoman Maryann Carroll said.
Also calling the association were other families who had heard of the gruesome discovery and were concerned that the bodies of their loved ones might have been involved or had complaints about the mishandling of funds they had prepaid for funeral services.
Carroll said the statewide trade group, which revoked the Jewell Funeral Home's membership, made the proper referrals to authorities.
In July, Jewell admitted to commingling funds customers paid her to pre-arrange their own funeral services with the business' general funds in testimony before the state Board of Mortuary Science, state records show.
The state issued Jewell a penalty of nearly $40,000 on Wednesday, including about $8,000 in restitution to clients whose money she mishandled or refused to refund.
Police removed the rotting corpses early Wednesday morning after finding them while investigating a theft complaint.
By 1 a.m. Wednesday., investigators ran out of body bags at the scene and brought at least one of the deceased out of the funeral home in a pine casket, which they forced into the rear of a Medical Examiner's sport utility vehicle.
Later that afternoon, firefighters were dispatched to the property to dig in the back yard and test for possible formaldehyde contamination.
News of the incident spurred Assemblyman Jeff Van Drew, D-Cape May, on Thursday to contact Gov. James E. McGreevey and urge him to sign a measure he co-sponsored that would make improper disposal or desecration of human remains a criminal offense punishable by as many as five years in prison and a $15,000 fine.
In a message dated 12/6/02 7:27:49 PM, Walter in Tennessee writes:
http://www.chattanoogan.com/articles/article_29940.asp
Federal Appeals Court Rules For Casket Company
posted December 6, 2002
A federal appeals court has upheld the ruling of Federal Judge Al Edgar in favor of owners of a casket company, who had their company shut down by the state under a law that applied only to funeral homes.
Attorney Hal North said, "This decision reaffirms that there was no rational purpose for the state to deny these people from operating a casket company."
The opinion from the Sixth Circuit Court of Appeals said, "The weakness of Tennessee's proffered explanations indicates that the 1972 amendment adding the retail sale of funeral merchandise to the definition of funeral directing was nothing more than an attempt to prevent economic competition. "Indeed, Tennessee's justifications for the 1972 amendment come close to striking us with 'the force of a five-week-old, unrefrigerated dead fish.'"
Judge Edgar had ruled that the state law allowing only licensed funeral home directors from selling caskets was invalid.
The rulings are in favor of Nathaniel Cragmiles and Tommy Wilson, who finally had to move their casket company across the state line to Rossville. They reopened in Tennessee after the Edgar ruling.
Judge Edgar in a 16-page opinion said he agreed with the plaintiffs that it takes no special expertise to sell caskets. He said the state law requiring the license violates the 14th Amendment to the U.S. Constitution.
Rev. Craigmiles said he had gotten into the casket business because he was dismayed by the high costs of caskets in Tennessee. Tennessee was one of the few states with such a restriction on the sale of caskets.
Attorney North represents the plaintiffs along with lawyers from the Institute for Justice.
Here is the full opinion from the Sixth Circuit Court of Appeals:
Appeal from the United States District Court
for the Eastern District of Tennessee at Chattanooga.
No. 99-00304--R. Allan Edgar, Chief District Judge.
Argued: April 24, 2002
Decided and Filed: December 6, 2002
Before: KRUPANSKY and BOGGS, Circuit Judges; and LAWSON, District Judge.(*)
COUNSEL
ARGUED: Steven A. Hart, OFFICE OF THE ATTORNEY GENERAL, FINANCIAL DIVISION, Nashville, Tennessee, for Appellants. William H. Mellor, INSTITUTE FOR JUSTICE, Washington, D.C., for Appellees. ON BRIEF: Steven A. Hart, Janet M. Kleinfelter, OFFICE OF THE ATTORNEY GENERAL, FINANCIAL DIVISION, Nashville, Tennessee, for Appellants. William H. Mellor, Matthew Berry, INSTITUTE FOR JUSTICE, Washington, D.C., Harold L. North, Jr., SCHUMAKER & THOMPSON, Chattanooga, Tennessee, Steven M. Simpson, SHEARMAN & STERLING, Washington, D.C., for Appellees. T. Scott Gilligan, STATMAN, HARRIS, SIEGEL & EYRICH, Cincinnati, Ohio, John C. Eastman, CHAPMAN UNIVERSITY SCHOOL OF LAW, Orange, California, for Amici Curiae.
OPINION
BOGGS, Circuit Judge. Nathaniel Craigmiles and several other plaintiffs challenge a provision of the Tennessee Funeral Directors and Embalmers Act (FDEA) that forbids anyone from selling caskets without being licensed by the state as a "funeral director." Licensing requires an applicant to undergo two years of education and training, very little of which, Craigmiles argues, pertains to casket design or selection. The district court held that the FDEA, insofar as it bars non-licensed funeral directors from the retail sale of caskets, violates both the Due Process and Equal Protection clauses of the Fourteenth Amendment. Recognizing that the limitation neither affected any fundamental right nor discriminated against any protected class, the district court nevertheless determined that the restriction lacked a rational basis and therefore did not pass even slight constitutional scrutiny. Tennessee appeals the district court order, arguing that the FDEA at least advances several legitimate governmental purposes. We consider the state's arguments below, and affirm the district court's judgment.
The FDEA requires all those engaged in "funeral directing" to be licensed by the Board of Funeral Directors and Embalmers, established by the FDEA. See Tenn. Code Ann. § 62-5-201. When the licensing legislation was originally enacted in 1951, the definition of "funeral directing" did not include the sale of caskets and other funeral merchandise, but was limited to the arranging of funeral ceremonies, burial, cremation, and embalming. In 1972, the Tennessee General Assembly amended the definition of "funeral directing" to include the "making of arrangements to provide for funeral services and/or the selling of funeral merchandise, and/or the making of financial arrangements for the rendering of the services, and/or the sale of such merchandise." Tenn. Code Ann. § 62-5-101(a)(3)(A)(ii) (emphasis added).
The requirements for licensure as a funeral director are more than administrative. Applicants may choose one of two paths of study. They may complete either one year of course work at an accredited mortuary school and then a one-year apprenticeship with a licensed funeral director or a two-year apprenticeship. There is no specified curriculum for the apprenticeship, although the funeral director under whom the candidate is training must file a quarterly report with the Board regarding the apprentice's activity. After the completion of either of the two-year tracks, the candidate must take and pass the Tennessee Funeral Arts Examination.
For the candidate on the mortuary school track, there is only one accredited school in Tennessee, Gupton College. To complete the required year at Gupton, the candidate must take eight credit hours in embalming, three in "restorative art," and twenty-one in "funeral service." Although there was testimony at trial that portions of sixteen of the twenty-one hours in "funeral service" classes pertain to caskets and urns, students testified that casket and urn issues constituted no more than five percent of the Gupton curriculum. Only 37 of the 250 questions on the Tennessee Funeral Arts Exam concern funeral merchandising, including various casket options, FTC regulations regarding the sale of funeral merchandise, and merchandise display. Craigmiles and his fellow plaintiffs operate two independent casket stores: "Wilson-Craigmiles Casket Supply" in Chattanooga and "The Casket Store" in Knoxville. The stores offer caskets, urns, gravemarkers, monuments, flower holders, and other merchandise items. The stores engage in no embalming or arranging of funeral services, cremations, or burials. Neither of the stores has sought to sell caskets "pre-need," and each, at least so far, sells caskets only after the death of the intended occupant.
The Board issued a cease and desist order to both businesses, which barred them from continuing to sell caskets and other funeral merchandise. In the orders, the Board declared that the businesses were engaged in "funeral directing" and employed no licensed "funeral directors," thus violating the FDEA. Both businesses ceased operations on issuance of the orders.
Craigmiles and the other proprietors affected by the cease and desist orders filed this action in the United States District Court for the Eastern District of Tennessee. Bringing the action under 42 U.S.C. § 1983, Craigmiles alleged that the FDEA, insofar as it restricted the sale of caskets, urns, and other funeral merchandise to licensed funeral directors, violates the Due Process, Equal Protection, and Privileges and Immunities clauses of the Fourteenth Amendment. Craigmiles requested that the court enjoin the enforcement of the FDEA against businesses engaging only in the retailing of funeral merchandise.
The district court held that the application of the FDEA to the plaintiffs' businesses violates their due process and equal protection rights, but rejected the plaintiffs' Privileges and Immunities Clause argument. Accordingly, the district court enjoined the Board from enforcing the FDEA against the plaintiffs' businesses, with respect to the way they operated before the Board's cease and desist order. The district court did not, however, enjoin the operation of the entire Act, its application to other parties, or even to the plaintiffs if their business activities changed. See Craigmiles v. Giles, 110 F. Supp. 2d 658, 667 (E.D. Tenn. 2000).
After the issuance of the injunction, the plaintiffs resumed operations. The State of Tennessee now appeals and argues that the district court's injunction should be dissolved.
II
The Supreme Court has established a tripartite rubric for analyzing challenges under the Equal Protection and Due Process clauses. When a statute regulates certain "fundamental rights" (e.g. voting or abortion) or distinguishes between people on the basis of certain "suspect characteristics" (e.g. race or national origin), the statute is subject to "strict scrutiny." Zablocki v. Redhail, 434 U.S. 374, 388 (1978). To survive strict scrutiny, the regulation must serve a compelling state purpose and be narrowly tailored to achieving that purpose. Ibid. The Supreme Court has identified other classifications, such as gender and illegitimacy, which are less "suspect," and are therefore subject only to intermediate scrutiny, under which the regulation need only serve an "important" state interest and the means employed need only be "substantially related" to that interest. See J.E.B. v. Alabama, 511 U.S. 127, 136 (1994); Mississippi Univ. for Women v. Hogan, 458 U.S. 718, 725 (1982).
All other regulations are subject to "rational basis" review, requiring only that the regulation bear some rational relation to a legitimate state interest. Romer v. Evans, 517 U.S. 620, 632 (1996). Even foolish and misdirected provisions are generally valid if subject only to rational basis review. As we have said, a statute is subject to a "strong presumption of validity" under rational basis review, and we will uphold it "if there is any reasonably conceivable state of facts that could provide a rational basis." Walker v. Bain, 257 F.3d 660, 668 (6th Cir. 2001). See also Heller v. Doe, 509 U.S. 312, 319 (1993). Those seeking to invalidate a statute using rational basis review must "negative every conceivable basis that might support it." Lehnhausen v. Lake Shore Auto Parts Co., 410 U.S. 356, 364 (1973). Our standards for accepting a justification for the regulatory scheme are far from daunting. A profferred explanation for the statute need not be supported by an exquisite evidentiary record; rather we will be satisfied with the government's "rational speculation" linking the regulation to a legitimate purpose, even "unsupported by evidence or empirical data." FCC v. Beach Communications, Inc., 508 U.S. 307, 313 (1993). Under rational basis review, it is "'constitutionally irrelevant [what] reasoning in fact underlay the legislative decision.'" Railroad Retirement Bd. v. Fritz, 449 U.S. 166, 179 (1980) (quoting Flemming v. Nestor, 363 U.S. 603 (1960)).
All of the parties concede that rational basis review is the proper standard for evaluating the FDEA. While feared by many, morticians and casket retailers have not achieved the protected status that requires a higher level of scrutiny under our Equal Protection jurisprudence. Although the licensing requirement has disrupted the plaintiffs' businesses, the regulations do not affect any right now considered fundamental and thus requiring more significant justification. Nevertheless, the district court determined that the 1972 amendment to the FDEA, to the extent that it required licensure as funeral directors for casket retailers, was not even rationally related to a legitimate governmental purpose. According to the district court, the amendment was designed only for the economic protection of funeral home operators.
Courts have repeatedly recognized that protecting a discrete interest group from economic competition is not a legitimate governmental purpose. See City of Philadelphia v. New Jersey, 437 U.S. 617, 624 (1978) ("Thus, where simple economic protectionism is effected by state legislation, a virtually per se rule of invalidity has been erected."). See also H.P. Hood & Sons, Inc. v. Du Mond, 336 U.S. 525, 537-38 (1949); Energy Reserves Group, Inc. v. Kansas Power & Light Co., 459 U.S. 400, 411 (1983) (distinguishing between legitimate state purposes and "providing a benefit to special interests"). At trial, the plaintiffs adduced evidence that funeral home operators sell caskets at prices substantially over total costs. The FDEA has the effect, at least, of preventing individuals who are not licensed funeral directors from selling caskets, potentially at a lower price. In this case, the district court found that funeral home operators generally mark up the price of caskets 250 to 600 percent, whereas casket retailers sell caskets at much smaller margins. See Craigmiles, 110 F. Supp. 2d at 664.
Of course, nothing in the FDEA prevents casket retailers from becoming licensed funeral directors. However, dedicating two years and thousands of dollars to the education and training required for licensure is undoubtedly a significant barrier to entering the Tennessee casket market. The question before this court is whether requiring those who sell funeral merchandise to be licensed funeral directors bears a rational relationship to any legitimate purpose other than protecting the economic interests of licensed funeral directors.
The weakness of Tennessee's proffered explanations indicates that the 1972 amendment adding the retail sale of funeral merchandise to the definition of funeral directing was nothing more than an attempt to prevent economic competition. Indeed, Tennessee's justifications for the 1972 amendment come close to striking us with "the force of a five-week-old, unrefrigerated dead fish," United States v. Searan, 259 F.3d 434, 447 (6th Cir. 2001); United States v. Perry, 908 F.2d 56, 58 (6th Cir.1990), a level of pungence almost required to invalidate a statute under rational basis review. Only a handful of provisions have been invalidated for failing rational basis review. See Romer v. Evans, 517 U.S. 620 (1996); City of Cleburne v. Cleburne Living Center, 473 U.S. 432 (1985); Peoples Rights Org., Inc. v. City of Columbus, 152 F.3d 522 (6th Cir. 1998). We hold that this case should be among this handful.
Tennessee claims that subjecting funeral merchandise retailers to the licensure requirement promotes both public health and safety and consumer protection. With regard to public health and safety, the state contends that the education and training required for licensure insures that those who handle dead bodies may dispose of them safely and prevent the spread of communicable diseases. The district court, however, was unable to find any way in which the application of the FDEA to the plaintiffs promoted public health or safety. The plaintiffs, of course, would not handle the bodies, much less engage in any embalming services. As the plaintiffs' businesses operated at the time of the Board's order, consumers after a relative's death would simply purchase a casket from the plaintiffs. The plaintiffs would then deliver the purchased casket to the funeral home that would be handling the body. The district court did not enjoin the enforcement of the FDEA to anything other than the retailing of funeral merchandise.
The quality of the caskets used potentially threatens public health. If the contents of a casket were to leak, visitors to funeral services and perhaps even ground water could be exposed to bacteria emanating from the corpse. At trial, funeral directors testified that such leakage was of particular concern when the decedent died from a communicable disease, or when the body was not embalmed. Tennessee law, however, does not require that any particular type of casket, or any casket at all, be used at burial. It is perfectly legal in Tennessee for loved-ones to provide a homemade casket, for friends to give (but not to sell) a casket for use in burial, or for a body to be buried in no container at all. This lack of regulation of body disposal is no different for those who have died from contagious diseases.
The General Assembly could have decided against direct regulation of corpse containers, choosing instead the placement of experts in the field to advise family members of the decedent in the selection of a casket. However, the requirements for licensure would not seem to make it more likely that the corpse would be placed in the "safest" possible casket. Neither the Board nor the General Assembly has established standards for casket selection to which licensed funeral directors are held accountable. There is no evidence in the record that licensed funeral directors were selling caskets that were systematically more protective than those sold by independent casket retailers. See Craigmiles, 110 F. Supp. 2d at 663. Indeed, the only difference between the caskets is that those sold by licensed funeral directors were systematically more expensive. Ibid.
In fact, restricting sales of caskets to licensed funeral directors would seem to have an adverse effect on the quality of caskets. The licensing requirement does not require consumers to choose more protective caskets or funeral directors to recommend them. Generally, however, the cost of goods sold of more protective caskets is higher. If casket retailers were to increase competition on casket prices and bring those prices closer to marginal costs, then more protective caskets would become more affordable for consumers with limited funds and their use would likely increase. If a consumer were able to spend, for example, $2000 on a casket, a more competitive casket market would likely lead to that consumer procuring a higher quality caskets. Because nothing prevents licensed funeral directors from selling shoddy caskets at high prices, the licensing requirement bears no rational relationship to increasing the quality of burial containers.
Tennessee also argues that the funeral directors' education and training would increase their ability to advise consumers on which casket would be most protective in particular cases. However, the availability of casket retailers will not prevent funeral directors from continuing to dispense this advice. Only the price of the caskets that the funeral directors may recommend might be affected.
The district court determined that there was no evidence of any public safety risk from a leaky casket, or a mere "box" for human remains. Craigmiles, 110 F. Supp. 2d at 662-63. The district court might be correct, but we need not take a position in this debate. Even if casket selection has an effect on public health and safety, restricting the retailing of caskets to licensed funeral directors bears no rational relationship to managing that effect.
The district court also held that the licensing requirement was not rationally related to the state's interest in consumer protection. The State of Tennessee argues that the FDEA closely regulates the conduct of funeral directors, preventing them from making fraudulent misrepresentations, making solicitations after death or when death is imminent, or selling a previously used casket. See Tenn. Code Ann. § 62-5-317(a)(2). The penalties for violation of these provisions include the suspension or termination of the funeral director's license. The state contends that if casket retailers need not be funeral directors, then the retailers would not be subject to these regulations and consumers would be at risk.
There are a few problems with this argument. First, some of the regulations in Section 317(b) of the Act are generally applicable to retailers already, enforced by civil and criminal sanctions. For example, it is not as if casket retailers would be free to "engage in misrepresentation or fraud" if not covered by the FDEA. See Tenn. Code Ann. 62-5-317(b)(1). Second, to the extent casket retailers would not be covered by the conduct requirements, it would a symptom of the structure of the Act, not the unconstitutionality of requiring licensure for casket retailers. The legislature could develop similar standards for casket retailers, or even make Section 317 directly applicable to casket retailers also, without requiring the licensure that is the subject of complaint.
These arguments about how the legislature could have developed a more carefully calibrated act foreshadow another argument for the Act's constitutionality. The overinclusiveness of the statute may simply be a byproduct of legislative efficiency. The state could have passed a more nuanced piece of legislation to subject casket retailers to the consumer protection features of the FDEA without imposing licensure requirements that have very little relation to casket retailing. Rational basis review, however, does not require the best or most finely honed legislation to be passed. The state could argue that the Act as a whole applied to the plaintiffs actually provides some legitimate protection for consumers from casket retailers. The history of the legislation, however, reveals a different story than one of mere oversight in drafting. By specifically amending the Act in 1972 to cover the sale of funeral merchandise, the legislature specifically brought casket retailers under the coverage of the licensing scheme, and could have applied Section 317 directly to retailers. This specific action of requiring licensure, which had the byproduct of making Section 317 applicable, appears directed at protecting licensed funeral directors from retail price competition.
The Supreme Court, employing rational basis review, has been suspicious of a legislature's circuitous path to legitimate ends when a direct path is available. In City of Cleburne v. Cleburne Living Center, 473 U.S. 432 (1985), the Supreme Court invalidated under rational basis review a local zoning ordinance barring the construction of a home for the mentally disabled in a certain neighborhood. The Court successively discounted the city's offered justifications, noting in several cases that if the city were really concerned about the ills that they claimed (overcrowded dwellings), they could have passed better-tailored regulations without the suspicious side-effect of keeping the mentally disabled out of neighborhoods (zoning regulations regarding the number of residents that were generally applicable). Id. at 439.
Also in terms of consumer protection, the state argues that the Act's coverage of casket retailers provides for application of the Federal Trade Commission's "funeral rule" to casket retailers. The FTC "funeral rule" requires "funeral providers" to provide itemized price lists for parts of the funeral services and merchandise, like the burial container, use of the funeral home facilities, use of funeral home transportation, and the casket. 16 C.F.R. § 453. The Rule was designed to prevent package pricing by funeral homes, thereby forcing consumers to buy services that they did not want or need. By requiring itemization, the FTC intended to "lower existing barriers to price competition in the funeral market and to facilitate informed consumer choice." 47 Fed. Reg. 42260, 42260 (Sept. 24, 1982). The state contends that the Rule only applies to "funeral providers" and would exclude casket retailers from its coverage. According to this argument, the FDEA, by covering casket retailers and requiring compliance with the FTC funeral rule, ensures that casket retailers will also comply with this "important" rule protecting funeral consumers.
There are at least three problems with this FTC argument. First, the state's statement of the coverage of the FTC funeral rule ignores the definition of "funeral providers" in the FTC rule itself. The FTC defines a "funeral provider" as "any person, partnership, or corporation that sells or offers to sell funeral goods or funeral service to the public." 16 C.F.R. § 453.1(i) (emphasis added). The definition appears, on its face, to apply to casket retailers, and we cannot find an agency or judicial decision limiting construction elsewhere. Therefore, to the extent that the FTC rule is important for consumer protection, even with regard to casket retailers, the Rule would apply of its own force, without the FDEA.
Second, the FTC funeral rule would seem to have little if any relevance for casket retailers. Perhaps the best antidote for the evil of funeral goods and services bundling by funeral homes is to have third-party competitors on individual items like caskets. Licensure is a barrier to that solution. More relevantly, casket retailers cannot merge goods and services, and make consumers pay for items they do not want, because they only sell caskets and other smaller items, not funeral arranging and embalming services. Applying the whole FDEA in order to cover casket retailers by the FTC funeral rule is both inapposite and counterproductive.
Third, even if the FTC "funeral rule" were not to apply of its own force, the legislature could have directly required casket retailers to comply with the FTC funeral rule without imposing the licensure requirements.
The state also contends that the FDEA was designed to protect consumers with regard to pre-need sales agreements, under which people buy funeral goods and services before their death. The Act placed several restrictions on such pre-need transactions, such as that pre-paid funds be held in trust accounts until the death of the beneficiary. See Tenn. Code Ann. §62-5-401. Of course, casket retailers could also sell caskets pre-need, and if they were not covered by the FDEA generally, Section 401 would also not be immediately applicable.(1) But any lack of coverage is a remediable design flaw of the legislation and does not justify the joinder of the pre-need trust and licensure requirements. Moreover, the plaintiffs here do not engage in pre-need sales. The injunction prevents application of the FDEA to their business as it had been conducted at the time of the cease and desist order. As we read the district court's order, the Board would not be enjoined from applying the Act to the plaintiffs if they began to engage in pre-need sales.
Finally, the state argues that the course of study required for licensure trains directors in the best ways to treat individuals who have suffered profound loss. Unlicensed casket retailers, without this psychological training, we are told, may aggravate the grief of the decedent's survivors who are shopping for a casket. However, even those who purchase from casket retailers will still need a licensed funeral director for arranging services and handling the body, at which time the survivors may still receive the benefit of the funeral director's psychological training. Moreover, survivors must deal with a panoply of vendors in order to make funeral arrangements, from churches to food vendors for a wake, none of whom is required to have this psychological training. This justification is very weak, indeed.
Finding no rational relationship to any of the articulated purposes of the state, we are left with the more obvious illegitimate purpose to which licensure provision is very well tailored. The licensure requirement imposes a significant barrier to competition in the casket market. By protecting licensed funeral directors from competition on caskets, the FDEA harms consumers in their pocketbooks. If consumer protection were the aim of the 1972 amendment, the General Assembly had several direct means of achieving that end. None of the justifications offered by the state satisfies the slight review required by rational basis review under the Due Process and Equal Protection clauses of the Fourteenth Amendment. As this court has said, "rational basis review, while deferential, is not toothless." Peoples Rights, 152 F.3d at 532 (citing Mathews v. Lucas, 427 U.S. 495, 510 (1976)).
Judicial invalidation of economic regulation under the Fourteenth Amendment has been rare in the modern era. See West Coast Hotel v. Parrish, 300 U.S. 379 (1937). Our decision today is not a return to Lochner, by which this court would elevate its economic theory over that of legislative bodies. See Lochner v. New York, 198 U.S. 45 (1905). No sophisticated economic analysis is required to see the pretextual nature of the state's proffered explanations for the 1972 amendment. We are not imposing our view of a well-functioning market on the people of Tennessee. Instead, we invalidate only the General Assembly's naked attempt to raise a fortress protecting the monopoly rents that funeral directors extract from consumers. This measure to privilege certain businessmen over others at the expense of consumers is not animated by a legitimate governmental purpose and cannot survive even rational basis review.
The plaintiffs also argue that the FDEA's application to funeral merchandise retailers is unconstitutional under the Privileges and Immunities Clause of the Fourteenth Amendment. Because the plaintiffs' Equal Protection and Due Process arguments are sufficient to support the district court's injunction, we do not reach this argument. The Privileges and Immunities Clause has been largely dormant since the Slaughter-House Cases, 83 U.S. (16 Wall) 36 (1872), restricted its coverage to "very limited rights of national citizenship" and held that clause did not protect an individual's right to pursue an economic livelihood against his own state. There has been some recent speculation that the Privileges and Immunities Clause should have a broader meaning. See Saenz v. Roe, 526 U.S. 489, 521-23 (1999) (Thomas, joined by Rehnquist, dissenting) (speculating that the development of the Privileges and Immunities Clause was prematurely stifled by the Slaughter-House Cases). Nevertheless, we need not break new ground today to hold that the application of the FDEA to funeral merchandise retailers is unconstitutional under the Fourteenth Amendment.
III For all of the foregoing reasons, we AFFIRM the district court's order enjoining the application of the FDEA to the plaintiffs' businesses as they operated before the Board's cease and desist order. Footnotes
*The Honorable David M. Lawson, United States District Judge for the Eastern District of Michigan, sitting by designation.
1 The risks would not be so profound when it came to purchasing a casket in advance. While a consumer might not want to keep a casket in his garage until he needed it, the consumer would undoubtedly have a lien on the casket purchased, a luxury that consumers purchasing embalming and arranging services in advance would not enjoy.
In a message dated 12/10/02 3:58:53 PM, chris@theoutlookgroup.com writes:
Franklin, OH. The Outlook Group, Inc., America's leading Independently owned and operated funeral prearrangement sales and marketing company, announced they attained another record setting sales year in 2002. Charles W. Anderson, CEO and President said, "2002 was an outstanding sales year for our organization for many reasons. The most important would be our dedicated people. They really make a big difference!" Outlook had 2002 funeral volume sales of $32 million dollars, a 15%+ increase over 2001. In the process of consummating this volume, thousands of consumers across the country were educated to the intrinsic value of funeral service and funeral prearrangement.
The Outlook Group, Inc serves independently owned and operated funeral homes across America with a wide variety of customized pre-need and marketing services geared to help them achieve their business goals. For more information visit the company's web site at http://www.theoutlookgroup.com.
In a message dated 12/23/02 4:50:20 PM, Mike in Massachusetts writes:
"The Undertaker"
The midnight hour, the darkest hour
That human grief may know,
Sends forth its hurried summons-
Ask me to come-I go!
I know not when the bell may toll,
I know not where the blow may fall,
I only know that I must may go
In answer to the call.
Perhaps a friend- perhaps unknown-
'Tis fate that turns the wheel-
The tangled skein of human life
Winds slowely on the reel.
And I?- I'm the undertaker,
"Cold-Blooded," you'll hear them say,
"Trained to the shock and chill of death,
With a heart that's cold and grey.
Trained- that's what they call it
How little they know the rest-
I'm human, and know the sorrow
That throbs in the aching breast.
~Bennett Chapple~
Show me the manner in
which a nation or a community
cares for its dead and I will
measure with mathematical
exactness the tender mercies
of its people, their respect
for the law of the land,
and their loyalty
to high ideals."
~William Gladstone~
In a message dated 11/26/02 4:20:58 PM, sfoucault@funeralservicefoundation.org writes:
Trustees of the Funeral Service Foundation are pleased to announce the 2003 FSF scholarships for career and professional development in funeral service. The Funeral Service Foundation provides resources for annual scholarships through charitable gifts and grants.
Thank you in advance for helping to get the word out about the foundation's 2003 scholarships and application deadlines!
2003 Joseph E. Hagan Memorial Scholarship for Students of Mortuary Science
The Hagan Memorial Scholarship was established by the FSF Board of Trustees in 2000 to honor one of funeral service's finest directors, Joseph Hagan. This scholarship for a deserving mortuary science student has been established in his memory and in the tradition of the principles he lived by.
The Hagan Scholarship is a $1,000 merit-based award for a student enrolled in a mortuary science program accredited by the American Board of Funeral Service Education. To qualify for consideration, applicants must be full-time students and meet all application criteria.
Hagan Memorial Scholarship applications can be downloaded at http://www.funeralservicefoundation.org/grants/ beginning December 1, 2003. Applications mailed to FSF must be postmarked no later than April 30, 2003.
2003 Professional Women's Conference Scholarship Program
Scholarships to the National Funeral Directors Association's Professional Women's Conference, to be held at the Hyatt Newporter, April 11-14, 2003, in Newport Beach, California, are given annually to a select number of applicants who meet scholarship criteria. Applicants do not have to be licensed funeral directors&emdash;the program is open to women employed in funeral service or a related occupation as well as mortuary science students.
The Professional Women's Conference Scholarship Program funds recipients' registration fees ($460) and provides a $250 stipend per recipient.
PWC Scholarship applications can be downloaded at http://www.funeralservicefoundation.org/grants/ beginning December 1, 2003. Applications mailed to FSF must be postmarked no later than February 7, 2003.
For information about the 2003 Professional Women's Conference, contact an NFDA member services representative at 1-800-228-6332.
The Funeral Service Foundation
13625 Bishop's Drive
Brookfield, WI 53005
Toll free 1-877-402-5900
www.funeralservicefoundation.org
ICFA WIRELESS is a biweekly electronic newsletter bringing members of the
International Cemetery and Funeral Association the latest government and
legal, industry and association news. It is available to all ICFA members
current on their dues. Comments, questions and "hot news tips" are welcome.
Write to: mailto:wireless@icfa.org .
IN THIS EDITION:
INDUSTRY NEWS
Music License Coalition Moves to 'Plan B' for 2003
Sen. Dodd Publishes Statement on Legislation to Regulate Industry
ICFA Prepares Mailing for Congressional and Federal Network Survey
IRS Increases Dollar Amounts for Qualified Funeral Trusts in 2003
ICFA NEWS
2003 Convention: $65 Off Registration Offer Ends December 2
Personalization Awards Entries Due December 6
December Preneed Product of the Month: Funeral Sales Kit Pages
---------------------------
INDUSTRY NEWS
---------------------------
MUSIC LICENSE COALITION MOVES TO 'PLAN B' FOR 2003
The Music License Coalition, an independent group of funeral home owners and
managers from throughout the United States who have joined together to
purchase music licensing at a discounted group rate, after numerous requests
from its members, has recently announced its plan to try to provide a
modified discount offer for its membership for the upcoming year.
The Coalition needs 5,000 members to obtain licensing with ASCAP, BMI and
SESAC at the original discount price of $185 for 2003. As of November 15, it
had attained slightly more than 2,500 members. So the Coalition now is asking
funeral home owners whether they are interested in obtaining full licensing
for a fee with all three agencies in the $340-350 range. This fee entails no
trade association membership dues; membership in the Coalition is free.
If the Coalition attracts 500 members at this price by December 9, it will
offer the license for $340-350 in 2003. The Coalition will continue working
to attract the necessary 5,000 members for licensing in 2004.
For a complete report on the Coalition's "Plan B" and to obtain licensing for
this rate, with no additional dues requirements, visit
http://www.icfa.org/music/music.htm or call 1-800-645-7700.
---------------------------------------------------
SEN. DODD PUBLISHES STATEMENT ON LEGISLATION TO REGULATE INDUSTRY
When Sen. Christopher Dodd (D-CT) introduced his proposed legislation on
November 14 to establish the federal regulation of funeral homes, cemeteries,
crematories and related businesses, he inserted a statement into the
Congressional Record to explain his actions (see the November 15 "Special
Edition" of ICFA WIRELESS for a report on the legislation). According to
Dodd, when a death occurs, "The last thing anyone wants to do at such a
painful time is to spend hours or days negotiating or shopping for a funeral,
casket, or other goods and services. Instead, we leave most of these
arrangements in the hands of funeral service providers...."
Dodd acknowledged the honesty of the majority of men and women in the
profession but cautioned that "recent revelations of abuses . . . have shown
us that not all members of the death care industry are honest and
upstanding.... Currently, the death care industry is regulated by a
patchwork of state and local laws ... (that) may have been sufficient years
ago, but the character of the industry has changed substantially since many
of these law were passed."
Dodd pointed out that it was too late in this session of Congress to take
action on his bill, S. 3168, but said he hoped "that we will be able to move
on this issue when we convene for the 108th Congress." Dodd noted that his
legislation is bipartisan because a companion bill was also introduced into
the House of Representatives by Republican Congressman Mark Foley (FL). The
full text of Dodd's statement can be downloaded at
http://www.icfa.org/pdf/dodd_statement.pdf .
---------------------------------------------------
ICFA BEGINS MAILING FOR CONGRESSIONAL AND FEDERAL NETWORK SURVEY
In December, ICFA members will receive in the mail the association's
bi-annual "Congressional and Federal Communications Network Survey." The
purpose of the survey is to identify ICFA members who are acquainted with
their Congressional representatives and senators, and also with officials in
federal regulatory agencies. When the ICFA needs to contact specific
members of Congress or federal agencies, these contacts can be facilitated by
ICFA members who have established relationships with key individuals.
Past survey results have indicated that many ICFA members are well acquainted
with Congressional leaders in both parties and with U.S. presidents. The
current survey data will be especially important in responding to the
proposed legislation by Sen. Dodd and Rep. Foley. Also, for the first time,
the ICFA survey form will be posted on the ICFA Web page to facilitate
responses from our members.
---------------------------------------------------
IRS INCREASES DOLLAR AMOUNTS FOR QUALIFIED FUNERAL TRUSTS IN 2003
The Internal Revenue Service is required to annually adjust for inflation
various dollar amounts used to calculate taxable income. A relatively new
section of the IRS Code, section 685, allows trustees of certain preneed
funeral trusts, called "qualified funeral trusts," to pay any federal income
tax in lieu of the purchaser for earnings on amounts deposited into the
funeral trusts by purchasers. When section 685 was enacted into law in 1997,
through the efforts of the ICFA and other industry groups, it limited the
amounts placed into trust per preneed contract to $7,000 but the amount would
be adjusted annually for inflation.
The IRS recently announced that for amounts deposited into qualified funeral
trusts during calendar year 2003, the maximum aggregate dollar amount per
individual beneficiary may not exceed $7,800. This amount represents an
increase of $100 from the year 2002 limit of $7,700. Efforts have been made
by industry members to remove the dollar cap, but some lawmakers fear that
qualified funeral trusts would be used as abusive tax shelters if there were
no dollar limit. This view has been disputed by the industry.
-------------------
ICFA NEWS
-------------------
ANNUAL CONVENTION: $65 OFF REGISTRATION OFFER ENDS DECEMBER 2
Members who act now can save $65 off the already low early registration fee
of $375 for the ICFA 2003 Convention & Exposition, March 10-13 at the Las
Vegas Hilton in Las Vegas, Nevada. Combined with the very reasonable room
rate at the Hilton ($135 per night), this offer makes the 2003 Convention the
most economical educational event the industry has seen in years.
The Convention program offers four keynote addresses on major industry
topics, breakout sessions on industry best practices and trends, and an
Exposition of 180-plus booths showcasing today's most up-to-date products and
services.
Preliminary program information and reduced-rate registration forms have been
mailed to all members. They also can be accessed at
http://www.icfa.org/annual03_preview.htm or by calling the ICFA at
1-800-645-7700.
---------------------------------------------------
PERSONALIZATION AWARDS ENTRIES DUE DECEMBER 6
The ICFA Personalization Committee is accepting entries for the 2002 KIP
(Keeping It Personal) Awards until December 6. Entries must be postmarked by
that date.
The Kip Awards recognize personalization of products and services within the
industry. Recipients will be recognized as part of a seminar on
personalization at the ICFA Annual Convention in Las Vegas, Nevada, March
10-13, 2003, and in International Cemetery & Funeral Management magazine.
Rules and entry information can be found at www.icfa.org/kip.htm or by
calling 1-800-645-7700.
---------------------------------------------------
DECEMBER PRENEED PRODUCT OF THE MONTH: FUNERAL SALES KIT PAGES
For the month of December, the ICFA is offering its Funeral Presentation Kit
Pages as a package set for $9.95 -- a 50 percent savings for members. The set
of 12 full-color ICFA Funeral Presentation Kit Pages allows you to create a
basic funeral sales presentation that explains the value of the funeral and
the benefits of prearrangement.
The regular price for these pages purchased individually is $19.08; December
price for the 12-page set is only $9.95! For more information, visit
http://www.icfa.org/dec02.htm . To order, call the ICFA at 1-800-645-7700.
---------------------------------------------------
---------------------------------------------------
AND MORE . . .
The ICFA Sales and Marketing Committee will present Naked Sales V: The Five
Commandments of Sales, January 16-17 at the Royal Sonesta Hotel in New
Orleans, Louisiana. Aimed toward sales managers and top counselors, the
two-day conference will provide dozens of innovative ideas for maximizing
each step of the sales process. For program and registration information,
visit http://www.icfa.org/naked_sales_03.htm or call 1-800-645-7700.
The ICFA News Page at http://www.icfa.org/newspage.htm takes you to sources
throughout the world for industry news and updates. It brings you the most
comprehensive selection of funeral service and cemetery news available
anywhere, along with frequently updated general news items related to
national and world events. The News Page is the fourth most visited page on
the ICFA Web site. Stop in each day and you'll see why.
The ICFA Internet Expo at http://www.icfa.org/expo/index.html, is the largest
online exposition in the cemetery and funeral service industry. Cemetery and
funeral home owners and operators will find more than 300 providers in over
100 product and service categories at the Expo. Exhibit space is provided as
a free, exclusive benefit to all ICFA supplier and professional members.
Check it out today!
Need a labor relations and employment law attorney? Check out ICFA's benefit
program offering free telephone legal consultations at
http://www.icfa.org/pepperman.htm .
In a message dated 12/18/02 9:12:46 AM, CHeaton@ogr.org writes:
ATTN: CALENDAR OF EVENTS EDITOR
TO: All Trade Publications
FROM: Janet J. Protzel, Director of Communications
DATE: Dec. 27, 2002
RE: Calendar of Events Listing
Please add the following OGR event to your 2003 Calendar of Events section:
EVENT: International Order of the Golden Rule 2003 Annual Conference,
"Family Reunion in Reno"
DATE(S): April 2-5, 2003
PLACE: Reno Hilton Hotel - Reno, Nev.
CONTACT: OGR, (800) 637-8030
NewsRelease
International Order of the Golden Rule Contact:
Janet J. Protzel, Director of Communications
13523 Lakefront Drive (800) 637-8030 · Fax: (314) 209-1289 · jprotzel@ogr.org
Bridgeton (St. Louis), MO 63045
FOR IMMEDIATE RELEASE
OGR CELEBRATES FAMILY UNITY AT 2003 ANNUAL CONFERENCE
Honoring the Association's 75th Anniversary Year
ST. LOUIS-Dec. 12. 2002-"We are Family" is what members of the International
Order of the Golden Rule will be humming when they gather for the
organization's 2003 Annual Conference, "Family Reunion in Reno," being held
April 2-5 at the Reno Hilton Hotel. Many of the conference activities will
focus on OGR's 75th Anniversary, being celebrated throughout 2003.
"This association has a long, proud history, beginning with its founding in
1928," said Michael G. Butler, president of the OGR Board of Directors.
"Over the years, OGR has taken the lead in so many issues and has been in
the forefront of so many decisions that have contributed to the betterment
of the funeral profession in general, and the independent funeral home in
particular, that it was difficult to find a single conference theme to focus
on this year. In the end, we decided it really boils down to the membership.
Therefore, the conference theme, 'Family Reunion in Reno,' really expresses
what OGR is about-family, treating members like family, and members treating
their client families in kind. We expect this conference to be a very
special time in the life of OGR, and we plan to show our 'family' members
just how much they are valued."
Some of the conference events that will revolve around OGR's 75th
Anniversary include the Thursday Reunion Luncheon, with "member memories"
and attendee awards; Anniversary prize drawings held each day of the
conference, each worth $750 (and possibly more at the final drawing on
Saturday night); and an OGR Time Capsule where members can submit "memories"
for the next generation to open at the 100th Anniversary. Even the optional
Thursday dinner/party at the National Automobile Museum has a nostalgic
ring, with its theme, "A Stroll Down Memory Lane," and replicated city
streets lined with vintage automobiles depicting past eras.
Educational Program
A powerhouse lineup of speakers are on board for the educational
program, including a keynote address by radio and television star and former
OGR spokesperson Art Linkletter, and return engagements by OGR favorites
Thomas Lynch and Alan Wolfelt, Ph.D. (Wolfelt's session is sponsored by
Batesville Casket Company).
(more)
OGR 2003 Annual Conference/75th Anniversary
Add one
A new feature of the 2003 program are the three-track concurrent sessions,
offering choices of Management, Front-line and Enrichment Tracks. Management
Track sessions will be presented by legal and compliance expert T. Scott
Gilligan and cremation expert Michael W. Kubasak.
Front-line Track sessions will be led by management professionals Michael
Hepburn and Kevin Montroy; funeral professionals R. Raymond Rossell, CFSP
and Curtis D. Rostad, CFSP; and a representative from Pierce Chemicals Royal
Bond. And the Enrichment Track features presentations by historian Oliver
McCray, Ph.D.; chiropractor Anthony Pinto; a return visit by etiquette guru
Blackie Scott; and a session on the therapeutic benefits of humor.
The topic and volume breakout sessions, so popular with members, will also
be on the schedule. In all, attendees will be eligible to earn up to 15.50
continuing education units.
Other highlights of the conference include the third annual Supplier
Showcase, giving attendees the opportunity to meet with OGR Preferred
Suppliers and learn about the latest products and services available to
members; a Welcome Reception on Wednesday night; and the gala Saturday night
Annual Banquet & Installation of the 2003-2004 Officers and Board of
Directors. Also featured this final evening of the conference will be an
Awards Ceremony honoring the winners of OGR's Exemplary Service Awards, the
first, annual Golden Light Award, and 25- and 50-Year Membership Awards, and
ending with fabulous Reno-style entertainment.
In addition to the full registration package, special packages with various
features are available for social registrants and auxiliary OGR members.
Students/educators attend free of charge, with options to purchase daily
food/beverage passes.
For questions about the Annual Conference program, contact Mark Allen, OGR
director of education, at (800) 637-8030/email: mallen@ogr.org. To register
for the conference, contact Jenny Gabbert, OGR education coordinator, at
(800) 637-8030/email: jgabbert@ogr.org. For information about the Supplier
Showcase, contact Kathryn Thomas, OGR director of meetings, at (630)
236-0522/email: kthomas@ogr.org. And for information about OGR's 75th
Anniversary, contact Janet Protzel, OGR director of communications, at (800)
637-8030/email: jprotzel@ogr.org. Note: Please contact J. Protzel to request
a tif file of the conference logo shown on P 1.
OGR is one of the world's largest professional associations of independent
funeral homes whose members are dedicated to offering reliability, fair
pricing, and dignified, caring service to families. "Service measured not by
gold, but by the Golden Rule" has been the credo of the association since
its founding in 1928.
##
NewsRelease
International Order of the Golden Rule Contact: Janet J. Protzel,
Director of Communications
13523 Lakefront Drive (800) 637-8030 · Fax: (314)
209-1289 · jprotzel@ogr.org
Bridgeton (St. Louis), MO 63045
FOR IMMEDIATE RELEASE
OGR ANNOUNCES MILESTONE ANNIVERSARIES
ST. LOUIS-Dec. 27, 2002-One hundred twenty-one members of the International
Order of the Golden Rule (OGR) celebrated milestone anniversaries during
2002 (see attached list). One has been a member of the association for 70
years, since 1932.
"We congratulate these members for their loyalty to OGR and for their
dedication to providing service to families in their communities 'by the
Golden Rule,'" said Anita L. Bauer, OGR director of member services. "Our
members clearly constitute the heart and soul of this association, and we
are privileged to have this wonderful group of people as allies in our
mission to support and be a resource for the independent funeral home."
OGR provides a wide range of programs and resources to serve its entire
membership, continually reviewing, modifying and adapting programs and
member benefits to suit its broad membership base.
"The real challenge," adds Bauer, "is in developing and offering a range of
programs that appeal to our diverse membership, the ones located in major
metropolitan areas, as well as the smaller-volume firms in rural and
suburban communities."
An example of such targeted programming can be seen by examining OGR's
educational offerings. While most of its conferences are held in
metropolitan areas or resort areas-such as last fall's seminar in San Diego
and its upcoming Annual Conference in Reno, Nev., and the seminar planned
for Coeur d'Alene, Idaho, next fall-other, more cost-effective programs,
such as its technical workshops, are held at mortuary college sites or
airport hotels. Rounding off the program menu, OGR's live distance audio
seminars have proven extremely popular over the last few years, with
information on numerous topics tailored to educate entire staffs.
"If these anniversaries are any indication of member loyalty," said Bauer,
"they tell us we are doing something right."
Celebrating its 75th Anniversary in 2003, OGR is one of the world's largest
professional associations of independent funeral homes whose approximately
1,100 members are dedicated to offering reliability, fair pricing, and
dignified, caring service to families. "Service measured not by gold, but by
the Golden Rule" has been the credo of the association since its founding in
1928.
For more information about OGR membership, contact Bauer at (800)
637-8030/email abauer@ogr.org. For other information, contact Janet J.
Protzel, director of communications/jprotzel@ogr.org.
(list attached)
Milestone Golden Rule Anniversaries Celebrated During 2002
70 Years (1932)
Ford & Sons Funeral Home, Cape Girardeau, MO
55 Years (1947)
Greenlawn Mortuary, Bakersfield, CA
45 Years (1957)
Craig Funeral Home, Inc., St. Augustine, FL
Hamlet-Dobson Funeral Homes, Kingsport, TN
Haverstock Funeral Home, Inc., LaPorte, IN
Hinchliff-Pearson-West Funeral Directors, Inc., Galesburg, IL
Mann Funeral Home, Philadelphia, PA
Mayes Ward-Dobbins Funeral Home, Marietta, GA
Oakey's Funeral Service, Roanoke, VA
Ross-Billman Funeral Home, Inc., Ashtabula, OH
Seaver-Brown Funeral Service, Inc., Marion, VA
Stevens Funeral Home, Pulaski, VA
Whitley's Funeral Home, Kannapolis, NC
40 Years (1962)
Amigone Funeral Home, Inc., Buffalo, NY
Brenner Mortuary, Inc., Pittsburg, KS
Brown-Van Hemert Funeral Home, Hudson, MI
Hooker and Whitcomb Funeral Service, Inc., Barre, VT
Lucas Funeral Homes, Inc., Upper Sandusky, OH
Mann-Slonaker Funeral Home, Inc., East Greenville, PA
Myers Mortuary, Ogden, UT
Oldham, Roberts, & Powell Funeral Home, Richmond, KY
Preston-Schilling Funeral Home, Ltd., Dixon, IL
Ross G. Walker Funeral Home, Ltd., New Kensington, PA
Rupert, Durham, Marshall, and Gren, Plainwell Chapel, Plainwell, MI
Schmaedeke Funeral Home, Worth, IL
Sifton Funeral Home, Ltd., St. Thomas, ON, Canada
Vase Funeral Home, Rock Springs, WY
35 Years (1967)
Attrel's Newberg Funeral Chapel, Newberg, OR
Beckwith Mortuary, Inc., Larned, KS
Cochran Mortuary and Crematory, Wichita, KS
Delhomme Funeral Home, Inc., Lafayette, LA
Fagan's Inc. Funeral Home, Bath, NY
Flinn Funeral Services Ltd., Rocky Mountain House, AB, Canada
Fox Funeral Home, Inc., Saxonburg, PA
Hoenstine Funeral Home, Inc., Lewistown, PA
Nail-Haggard Funeral Home, Inc., Daingerfield,TX
Pohlman's Mortuary, Inc., Russell, KS
Speck Funeral Home, Livingston, TN
Struve & LaPorte Funeral Home, Salinas, CA
Wilkerson Funeral Home, Inc., DuQueen, AR
30 Years (1972)
Getz Funeral Home, Las Cruces, NM
Gonzales Funerals and Cremations, Las Vegas, NM
Hufman-Harker Funeral Home, Carbondale, IL
Sperling Funeral Home, Inc., Pittsburg, PA
25 Years (1977)
Donahue Funeral Home, Inc., Herington, KS
Funeral Home of the Northern Hills, Belle Fourche, SD
Hanson-Neely Funeral Home, Ada, OH
Kyger & Trobaugh Funeral Home, Inc., Harrisonburg, VA
Novitzke Funeral Home, Inc., Park Falls, WI
20 Years (1982)
Haight Funeral Home & Chapel, PA, Sikesville, MD
Hatheway-Tedesco Funeral Home & Crematory, Inc., Meadville, PA
J.M. White Funeral Service, Henderson, NC
John B. Brown Funeral Home, Inc., Huntingdon, PA
Maher-Melbourne Funeral Home, South Euclid, OH
Miles T. Martin Funeral Home, Inc., Mt. Morris, MI
Orion C. Pinkerton Funeral Home, Inc., Avalon, PA
Owens Mortuary, Show Low, AZ
Renner-Wikoff Chapel, Urbana, IL
Thatcher Funeral Home, Kansas City, KS
Waller Funeral Home, Oxford, MS
15 Years (1987)
Anton B. Urban Funeral Home, Inc., Ambler, PA
Brunswick Memorial Home, East Brunswick, NJ
Cassaday-Turkle-Christian Funeral Home, Inc., Alliance, OH
Fanagan Ltd., Dublin, Ireland
Hunter-Edmundson-Striffler & Strifflers' Community Funeral Homes, McKeesport, PA
K. L. Brown Funeral Home and Cremation Center, Jacksonville, AL
O'Donnell Funeral Home, Inc., North Judson, IN
Oliver-Linsley Funeral Home, East Palestine, OH
Pruzin Brother Funeral Service, Inc., Merrillville, IN
Starbuck-Lind Mortuary, Lompoc, CA
Toothman Funeral Home, St. Clairsville, OH
Wasson Funeral Home, Siloam Springs, AR
(more)
OGR Milestone Member Anniversaries
Add one
10 Years (1992)
Andringa Funeral Home Inc., Sibley, IA
Bryan-Lee Funeral Home, Inc., Garner, NC
Buma-Sargeant Funeral Home, Milford, MA
Capillas Benito M. Flores, Monterrey, N.L., Mexico
Carlson Funeral Service, Inc., Rhinelander, WI
Cochran Funeral Home, Livingston, TX
Colvin Funeral Home, Inc., Princeton, IN
Cozean Funeral Home, Farmington, MO
Edmond Fahey Funeral Home, Inc., Bay St. Louis, MS
Evans Funeral Home, Chapmanville, WV
Krause Funeral Home, Milwaukee, WI
Liley Funeral Homes, Marble Hill, MO
Meyersieck-Bussema Funeral Home, Pigeon, MI
Miller-Ward Funeral Home, Seymour, CT
Nelson Funeral Home, Park Ridge, IL
Platt's Funeral Home, Augusta, GA
Plummer Funeral Home, Litchfield, IL
Rush Funeral Home, Philip, SD
Schumacher-Kish Funerl Home, Inc., LaCrosse, WI
Shaughnessey Brothers, Inc., Fairfield, CT
Skinner Funeral Home, Inc., Dunn, NC
Slack Funeral Home, PA, Ellicott City, MD
Wagg Funeral Home, Ltd., Port Perry, ON, Canada
Whiteside Family Mortuaries, Aberdeen, WA
5 Years (1997)
Capillas Funerarias, Culiacan, Sinaloa, Mexico
Chambers & Grubbs Funeral Home, Inc., Walton, KY
Charles E. Davis Funeral Home, Inc. With Crematory, Inverness, FL
Cottle Funeral Home, Troup, TX
Eddy Funeral Home, Jamestown, ND
Eugene G. Saloom Funeral Home, Inc., Mount Pleasant, PA
Falconer Funeral Home, Inc., Gilbert, AZ
Fleegle-Helfenbein Funeral Home, PA, Greensboro, MD
Frank & Bright Funeral Home, Flora, IL
Greco-Hertnick Funeral Home, Weirton, WV
Hursen Funeral Home, Hillside, IL
J.J. Hartenstein Mortuary, Inc., New Freedom, PA
Jens, Reinbold & Pfeffer Family Funeral Service & Crematory, Manitowoc, WI
King-Lynk Funeral Home, Inc., Fort Madison, IA
Palmer-Bush, Lansing Chapel, Lansing, MI
Parthemore Funeral Home & Cremation Services, Inc., New Cumberland, PA
Price Funeral Home, Inc., Manassas, VA
Riddle Funeral Home, Inc., Vermilion, OH
Sheridan Funeral Home, Lancaster, OH
Wilbert Funeral Home, Inc., Plaquemine, LA
Wilkirson-Hatch-Bailey Funeral Homes, Waco, TX
Williams Funeral Directors, Garland, TX
Williams Funeral Home of Lawrenceville, Lawrenceville, VA
Wilson Funeral Home, Racine, WI
For more information about OGR membership, contact Anita L. Bauer, director
of member services, or Janet J. Protzel, director of communications, at
(800) 637-8030, or email abauer@ogr.org or jprotzel@ogr.org. Information
about OGR is also available on the OGR web site, www.ogr.org.
In a message dated 11/29/02 8:55:55 AM, Mike in Massachusetts writes:
Rose E. Sullivan
In Somerset, MA. November 27, 2002. Former Fall River School Committee Woman and Dean of the Fall River area Funeral Directors. Wife of the late former Fall River School Committeeman William S. Sullivan. Daughter of the late Thomas M. Harrington and the late Rose V. (Cassidy) Harrington. Mother of William J. Sullivan and his wife Margaret Mary (Nawrocki) Sullivan of Fall River and the late Jeffrey E. Sullivan. Mother-in-law of Ann Marie (Holden) Sullivan of Osterville, MA. Grandmother of Jeffrey E. Sullivan III, Roseann Sullivan Carroll, Claire R. Sullivan, Ann Marie Short, Richard H. Sullivan, William S. Sullivan, Kellyann Frank, Christopher J. Sullivan, Dr. Margaret Mary Sullivan White, Stephen E. Sullivan, and Kathryn S. Davis. Also survived by 22 great-grandchildren and 2 great-great-grandchildren and several nieces and nephews. Sister of the late Mary L. Lovett and the late William J. Harrington. Residence 986 Plymouth Ave., Fall River. Her Funeral will take place on Monday, December 2, 2002 at 8:30 AM from the Rose E. Sullivan and Waring Home, 866 County St. (Rt. 138) SOMERSET, followed by a Funeral Mass at 10AM in Sacred Heart Church, Linden St., Fall River. Burial will be in St. Patrick Cemetery. Calling hours Sunday 3-7PM. Flowers welcome or memorial contributions may be sent to the Rose E. Sullivan Scholarship Fund, c/o Sacred Heart Rectory, 160 Seabury St., Fall River, MA 02720 or a charity of your choice. www.waringsullivan.com SCI.
In a message dated 12/2/02 7:39:06 AM, Mike in Massachusetts writes:
Formerly of Brighton, Falmouth and Bretton Woods, NH suddenly Nov. 30th, 2002. Beloved husband of Eleanor L. (Bennett). Devoted father of Michael G. Lehman and Kathleen M. Connor. Loving grandfather of Gerald L. and Jennifer M. Edwards. Funeral from the Lehman & Reen Funeral Home, 63 Chestnut Hill Ave (nr. Brighton Court House) BRIGHTON, Thursday at 9am. Funeral Mass in St Columbkille Church, 321 Market St, Brighton at 10am. Relatives and friends are kindly invited to attend. Visiting hours Tuesday evening 7-9 & Wednesday 2-4 & 7-9pm. Interment St Joseph Cemetery, West Roxbury. Army Veteran WWII. Late owner Gerald W. Lehman Funeral Home. Charter Member Brighton Lodge of Elks #2199, Member St Columbkille Alumni Association, Allston Post #669 VFW, Brighton Council #121 K of C, Massachusetts Funeral Directors Association and American Funeral Directors Association. If desired memorial donations may be made to the American Heart Association, 20 Speen St, Framingham, MA 01701. Funeral Home handicapped accessible Lehman & Reen Funeral Home Brighton (617) 782-1000
Published in the Boston Globe from 12/1/2002 - 12/3/2002
From: vasti@lantic.net (Johan Lourens)
From: Johan Lourens
Coffafrica (South Africa)
Sir,
Coffafrica - is a privately owned company situated in South Africa.
We are manufacturers of hi quality coffins and understand there exits an opportunity, with the current weakness of our currency, to export our products.
Visit our web site at: http://www.coffafrica.s5.com for further information about our company and product range.
Yours sincerely
Johan Lourens
By this way we are allowed to offer you our services as Caskets Manufacturers. We know the importance that it have for you to give to your customers an excellent service at a reasonable price. That is why we offer the Top Quality Caskets at the Right Price, with the intention that you and your costumer be benefited.
Interc is a 15 years old experienced Corporation with more than 100 clients around USA, that support us like one of the most important Casket Manufacturer in USA and MMéxico.
Our warehouse is located in Houston TX. In addition we have our own transport equipment for your comfort. Interc has a full line of caskets including a huge variety of hardware colors and styles and interior panels options. We offer the option of being able to combine any exterior color or combination according to your election with any interior color and panel, so your customers can get specifically what they ask for. Also we have metallic infant caskets in 2, 3, and 4 ft. sizes. Our great variety of models and colors make us able to satisfy the needs and wants of your customers according to their possibilities. And our low prices make us your best choice!
We are sure that we can offer the Top Quality Caskets at the Right Price.
Call us: (713)672-5628 Fax: (713)672-7604
Or visit our website: www.interc.com.mx
e-mail: interc@unete.com
In a message dated 12/20/02 2:19:21 AM, Mike in Massachusetts writes:
GTconnect: The online edition of the Corvallis, OR Gazette-Times
By Jennifer Rouse
For the Gazette-Times
Christine Stryker was doing her job, sorting donations that come in to the Corvallis Goodwill store Saturday, when she saw what a co-worker had just found: A silver container that appeared to be an urn containing the cremated remains of a newborn baby.
"It really bothered me because I have kids," said Stryker, who lives in Albany. "I have to assume it's an accident that it got dropped off. Maybe it got lost in a move or something."
The container arrived at the store in a box of other miscellaneous items, Stryker said. Goodwill employees monitor the drop-offs, but they don't examine the contents of every box donated, she said, so they have no way to trace the urn back to a specific donor.
The urn is silver, with a first name and a single date underneath it. A picture of the baby came with it as well, Stryker said.
A spokeswoman from Goodwill's Oregon and southwest Washington regional headquarters said that two or three urns each year are dropped off at some of the area's 30 Goodwill stores.
"It's always sad," Dale Emanuel said. "Sometimes we get urns from an estate, and people don't even know who's in there anymore."
Emanuel said she's talked to state health authorities, who advised her that the cremated remains are sterile, so the stores normally dispose of the urns if they can't contact the donor.
In this case, the name DeMoss-Durdan Garden Chapel was on the container, so store employees gave the urn to the Corvallis funeral home, which is trying to track down the family of the baby.
Stryker said she hopes the urn's owner can be located. She's still bothered that it ended up at Goodwill at all.
"It was weird," she said. "It was an odd kind of feeling. Here's this poor little baby's remains."
ICFA WIRELESS is a biweekly electronic newsletter bringing members of the
International Cemetery and Funeral Association the latest government and
legal, industry and association news. It is available to all ICFA members
current on their dues. Comments, questions and "hot news tips" are welcome.
Write to: mailto:wireless@icfa.org .
SPECIAL NOTICE: This edition of the ICFA WIRELESS is being sent out early.
The regular WIRELESS schedule will resume with the January 7, 2003, edition.
Please note that the ICFA offices will be closed December 23-27 and January
1. Staff will, however, monitor the general voice mailbox during that week
for emergency requests. We at ICFA wish you a joyful holiday season and a
safe and happy New Year. Check out our staff holiday photo at
http://www.icfa.org/staff_holiday_02.htm
IN THIS EDITION:
INDUSTRY NEWS
FTC Retains 'Appointment Call' Exemption, Adds Do Not Call Requirement
Oklahoma Federal District Court Upholds State Casket Law Restriction
CCSC Releases Annual Industry Complaint Activity Survey
ICFA NEWS
ICFA Meets with AARP Staff
ICFA University Adds Two New Colleges
Win Cash Prizes with ICFA's 'Riddle Me This!' Game
December Preneed Product of the Month: Funeral Sales Kit Pages
---------------------------
INDUSTRY NEWS
---------------------------
FTC RETAINS 'APPOINTMENT CALL' EXEMPTION, ADDS DO NOT CALL REQUIREMENT
On Wednesday, the Federal Trade Commission published a 272-page report
announcing amendments to its Telemarketing Sales Rule (TSR). The ICFA had
asked the FTC to retain an exemption in the TSR for phone calls that are
followed by a face-to-face meeting between the seller and the potential
purchaser, a procedure typical of most preneed phone calls. The ICFA was
instrumental in obtaining this exemption when the TSR was first enacted in
1995. The FTC decided to retain the "face-to-face" exemption in the amended
TSR although the Funeral Consumer Alliance and the National Funeral Directors
Association both asked the FTC to exclude funeral homes and cemeteries from
the exemption.
The FTC added some conditions to the "face-to-face" exemption of which the
most significant is the requirement for callers not to phone consumers who
have added their numbers to a national Do Not Call List to be administered by
the FTC. The ICFA had objected to this requirement as applied to "appointment
calls" because preneed callers are already required to maintain a
company-specific Do Not Call list under the Telephone Consumer Protection Act
enforced by the Federal Communications Commission. However, the FTC Rule
applies only to interstate, not in-state, calls. More information on the
amended TSR can be viewed on the FTC Web page at
http://www.ftc.gov/opa/2002/12/donotcall.htm .
---------------------------------------------------
OKLAHOMA FEDERAL DISTRICT COURT UPHOLDS STATE CASKET LAW RESTRICTION
Unlike the December 6 decision from the U.S. Court of Appeals for the Sixth
Circuit in Craigmiles v. Giles that held as unconstitutional a Tennessee law
restricting casket sales exclusively to licensed funeral directors (see the
December 10 WIRELESS for details), a lower federal district court in Oklahoma
last week upheld a similar casket law in that state. The judge in Powers v.
Harris made no comment on the Oklahoma law but held that the doctrine of
"judicial restraint" prevented the court from interfering with the state
legislature's lawmaking activities.
Specifically, the judge stated, "The legislature may determine, without
interference from the Due Process Clause [of the U.S. Constitution], that
protection of the consumer lies in creation of a cartel-like scheme for the
protection of an industry." Reviewing a similar casket law in Tennessee, the
Sixth Circuit appeals court had ruled that justifications for the statute's
restriction to permit only licensed funeral directors to sell caskets "come
close to striking us with the force of a five-week old, unrefrigerated dead
fish." Acknowledging the need for judicial restraint, the Sixth Circuit Court
observed that "only a handful of provisions have been invalidated.... We hold
that this case should be among this handful."
The Oklahoma casket-seller plaintiffs intend to appeal the lower court's
decision to the 10th Circuit Court of Appeals.
---------------------------------------------------
CCSC RELEASES ANNUAL INDUSTRY COMPLAINT ACTIVITY SURVEY
The Cemetery Consumer Service Council (CCSC), an industry-sponsored consumer
assistance organization, released the results of its annual activity survey
for the year 2001. A total of 93 complaints and inquiries were processed
during the year. Of that number, 86 were resolved. Thirteen complaints and
inquiries were pending at the beginning of the year, and seven remained at
year's end. These figures a