Constitutional Landscaping: An Analysis of Occupational Regulations of Landscape Contractors in the United States

Abstract

This article conducts the first (to my knowledge) 50-state survey of occupational regulations of landscape contractors. Some states require landscapers to obtain an occupational license, some require them to register with the government, and some regulate who may call themselves a landscaper. After surveying the regulatory field, this article then analyzes the different types of regulations to determine which, if any, are susceptible to constitutional challenge under the First and Fourteenth Amendments. Finally, the article discusses various legislative fixes and reforms.

Keywords: occupational licensing, economic liberty, landscape contractor, landscaping, landscaper, landscaper license, right to earn a living, occupational license