Oklahoma Casket Sales Lawsuit Moves Forward In Court

Oklahoma Casket Sales Lawsuit Moves Forward In Court

An Oklahoma casket sales lawsuit challenging who can legally sell caskets in the state will move forward after an Oklahoma County judge refused to dismiss the case, allowing a Hughes County couple to continue arguing that the law is unconstitutional.

Candice Mentink and Todd Collard, owners of Caskets of Honor in Calvin, are challenging the Oklahoma Funeral Services Licensing Act, which limits casket sales in Oklahoma to licensed funeral directors. The couple says the law unfairly prevents them from selling their custom-designed caskets to Oklahoma customers, even though they are able to ship the same products to buyers in nearly every other state.

Oklahoma Casket Sales Lawsuit Advances After Court Ruling

On Thursday, Oklahoma County District Judge Don Andrews denied the state's request to dismiss the lawsuit, allowing the constitutional challenge to proceed.

The lawsuit stems from a 2021 Tulsa Fair appearance where Caskets of Honor displayed its specialty caskets for sale. According to court filings, the Oklahoma Funeral Board later fined the business owners $4,000, alleging they violated state law by offering caskets for sale without being licensed funeral directors.

The couple's business specializes in personalized caskets wrapped with custom designs, including military tributes, religious artwork, hunting and fishing themes, sports logos and family photographs.

While those products can legally be sold and shipped outside Oklahoma, current state law prohibits the couple from selling directly to customers within the state unless they become licensed funeral directors.

Couple Says Licensing Law Is Unconstitutional

To become a licensed funeral director in Oklahoma, applicants must complete a two-year mortuary science program, serve a one-year apprenticeship and pass state licensing examinations.

They must also work through a licensed funeral establishment that provides a full range of funeral services.

Mentink and Collard argue they are not seeking to operate a funeral home or provide funeral services. Instead, they simply want to manufacture and sell personalized caskets.

Their lawsuit claims Oklahoma does not regulate the caskets themselves and argues the licensing requirements have no substantial connection to public health or consumer safety.

The couple also contends the law gives licensed funeral homes an unfair economic advantage while preventing independent businesses from competing in the marketplace.

State Defends Law As Consumer Protection

Attorneys representing the Oklahoma Attorney General's Office argue the licensing law protects grieving families during one of the most difficult times of their lives.

The state maintains licensed funeral homes are required to provide price lists, maintain inventory and offer consumers reasonable purchasing options without exposing them to misleading or high-pressure sales practices.

State attorneys also argue the law helps regulate Oklahoma's funeral industry and ensures consumers receive professional guidance when making funeral arrangements.

Mentink and Collard hope the court will ultimately declare the Oklahoma Funeral Services Licensing Act unconstitutional and prevent it from being enforced against businesses like theirs. The judge's ruling does not decide the merits of the case but allows both sides to continue presenting evidence as the constitutional challenge moves forward through Oklahoma's court system.

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