Posted at: 10/28/2013 9:22 PM
Updated at: 10/28/2013 9:57 PM
By: Nick Winkler
A low-cost funeral provider who filed suit nearly two years ago has emerged victorious over the state Department of Health and the trade organization that represents established funeral home operators in Minnesota.
At issue was a state law requiring each funeral home to build an embalming room.
The plaintiff, represented by the Institute for Justice, argued the law required entrepreneurs to build expensive rooms that, in some cases, would never even be used.
Embalming is generally a centralized funeral home procedure, which means embalming rooms at branch locations can go unused.
A judge ruled the embalming room statute unconstitutional, which paves the way for additional competition and lower funeral costs.