On Wednesday the Supreme Court of the State of Wisconsin issued its ruling on whether combination units consisting of a funeral home and cemetery can be under single ownership interests.  The Supreme Court, in a 5-2 vote, upheld the ban against single ownership.  You can read an article on the decision here.

The court ruled that the laws in question do not violate the equal protection clause of the U.S. Constitution or the State of Wisconsin.  Furthermore, they ruled that the law is a legitimate rationale for protecting vulnerable consumers.

The case was brought before the Wisconsin Supreme Court when Highland Park Cemetery owner E. Glenn Porter tried to add a funeral home to his cemetery to expand the services he offered.  He had argued that Wisconsin’s laws regarding joint ownership are overly restrictive and prevent independent business people from conducting business as they see fit.

In the initial court ruling the state argued that the laws are there to preserve competition, protect consumers from higher prices, and reduce the potential for abuses of mixing cemetery and funeral revenues required to be held in trust.

Funeral Director Daily take:  I don’t agree with the decision of the Wisconsin Supreme Court. . .but, then again I am not a judge.  In my opinion, using a combination funeral home/cemetery is a decision a consumer family MAY make.  They don’t have to make that decision.  If they have lots in a cemetery with a funeral home located on the cemetery premises. . . they have every right to use a funeral home off the cemetery premises.

If the decision is made because the cemetery/funeral home combo may take business away from existing facilities that is another story.  However, I don’t think the decision was made on anti-trust competitiveness or protection of existing businesses.  If it was, we in the funeral business have to be more open minded. . . .funeral/cemetery/cremation business systems will change over time just as other businesses do, or have,  to make them more consumer friendly.  We have to be careful that we don’t keep the death care industry stuck in the past.  If we do, someone will invent a better service and put us all out of business.

I just don’t understand this decision.  In my book it takes choices away from the consumer.  . and I don’t believe that is ever good.  Theoretically, and it is what combo units in other states tout, using a combo funeral home/cemetery for services should lower the cost to the consumer. . . and that would be a good thing.

In any regard this is kind of a head scratcher for me.  Have a great weekend.

[wpforms id=”436″ title=”true” description=”true”]