An Oklahoma couple is asking a federal judge to strike down a state rule that they say makes it nearly impossible for small local shops to sell caskets. Candi Mentink and her husband, Todd Collard, who run Caskets of Honor in the tiny town of Calvin, filed a lawsuit yesterday arguing that the Funeral Services Licensing Act forces would-be casket sellers into expensive, unrelated training or into becoming full funeral establishments just to sell a finished product. Their complaint casts the case as a classic small shop versus state regulators fight, with the couple claiming the rules keep competitors like them out of the market.
The pair is represented by the Institute for Justice. In a press release from the Institute for Justice, IJ attorney Matt Liles put it bluntly: “At the end of the day, a casket is just a box. It serves no health or safety purpose.” The lawsuit asks a federal court to declare the licensing requirement unconstitutional and to let Caskets of Honor sell directly to Oklahoma families again.
Sting At The Tulsa State Fair And A Stalled Fix
Mentink and Collard trace their legal troubles back to a 2021 undercover operation at their booth at the Tulsa State Fair, which they say led to a $4,000 fine and a $700 cost assessment. According to KOKH, the couple then tried a political solution, backing Senate Bill 559 in an effort to rewrite the rules, but that legislation stalled in 2025. They maintain that Caskets of Honor simply wraps and customizes caskets and does not plan funerals, provide funeral services, or handle human remains.
What Oklahoma Law Actually Demands
State law requires anyone who sells funeral-related merchandise to the public to meet the same licensing standards that apply to funeral directors and embalmers. That can mean college-level coursework, an apprenticeship, and passing exams. The rule tying merchandise sales to a funeral-services license appears in the Funeral Services Licensing Act, 59 O.S. § 396.6, which makes it unlawful to sell funeral merchandise to the public without the required license, according to the Oklahoma statutes. In their lawsuit, the plaintiffs argue that those prerequisites have nothing to do with the straightforward retail act of selling a manufactured casket and that the requirements instead act as a barrier to competition.
Part Of A Bigger Fight Over A Simple Box
The Oklahoma case is the newest chapter in a national series of legal challenges to state rules dictating who can sell caskets. The Institute for Justice points to past wins and ongoing lawsuits in other states over similar regulations and argues that many of those rules shield existing funeral homes more than they protect consumers. Federal regulators have weighed in over the years too. The Federal Trade Commission has highlighted how competition can help keep funeral costs in check and has filed briefs opposing regulations that block online and independent casket sellers.
What Comes Next For Caskets Of Honor
The lawsuit is now pending in federal court, where Mentink and Collard are asking judges to strike the licensing rule and clear the way for Caskets of Honor to sell directly to Oklahoma residents. The couple says their work is about giving families more say over the look and feel of a loved one’s final resting place. “We don't plan the funeral. We just talked to the family to see what they want for the design,” they told KOKH. If the court rules in their favor, the decision could broaden choices for grieving families and open up a new niche for small makers and suppliers across Oklahoma.
