An Oklahoma County judge on Thursday rejected the state’s effort to dismiss a lawsuit from a rural couple seeking to sell custom caskets without a funeral director’s license.
The ruling by District Judge Don Andrews lets Candice Mentink and Todd Collard, owners of Caskets of Honor, continue their constitutional challenge against the state’s Funeral Services Licensing Act.
Judge Andrews denied the motion filed by the Oklahoma Attorney General’s office on behalf of the Oklahoma Funeral Board, according to Oklahoma Voice. The decision clears the path for the case to proceed to arguments.
The state argued the licensing rules protect grieving consumers making time-of-need purchases, require funeral homes to stock at least five caskets and provide price lists, and support the intrastate funeral industry. Mentink and Collard contend the requirements have no real link to public health or safety since Oklahoma does not regulate casket design or manufacturing and allows burial without any casket at all.
The couple can now fully challenge the rules under the Oklahoma Constitution.
Mentink and Collard launched Caskets of Honor years ago after Todd, a graphic designer, began creating vinyl wraps for caskets similar to those used on vehicles. The custom designs can feature religious images, hunting and fishing themes, sports colors, family photos and military tributes.
A “10th Circuit judge, who should find another line of work (funeral director?), wrote laconically of Oklahoma’s protectionist casket law: ‘While baseball may be the national pastime of the citizenry, dishing out special economic benefits to certain in-state industries remains… https://t.co/H2C4jxrmkt
— Justin Pearson (@JustinPearsonIJ) April 8, 2026
In a previous interview, Collard told Townhall he “just thought it’d be really cool to be able to create a tribute to somebody or a theme or anything that they like—hunting, fishing, golf, whatever,” and that he wanted to “just create something that is memorable.”
The couple buys wholesale caskets, customizes them at their workshop in Calvin and ships them to customers across the country. They displayed samples at the 2021 Tulsa State Fair when an investigator from the Oklahoma Funeral Board approached their booth posing as a customer. It was then that they realized the government was trying to shut them down.
Collard said the investigator told them they “have to shut down immediately and pack your stuff up and leave.”
The couple paid a $4,000 fine for selling caskets without a funeral director’s license—even though they do not operate a funeral parlor or provide any other types of services. The state also forced them to stop marketing directly to the public in Oklahoma.
Under the Funeral Services Licensing Act, selling caskets is treated as a seller of “funeral service merchandise” which requires them to be licensed as a funeral director. They would have to turn their business into a funeral home, complete with an embalming room and other equipment simply to sell boxes.
This forced the couple to establish their business in Texas because the law does not prohibit out-of-state companies from selling to the public in Oklahoma. Mentink and Collard argue that the rule is aimed at limiting competition for funeral parlors, which typically overcharge for caskets.
Obtaining a funeral director’s license requires one to complete two years of mortuary science classes, a one-year apprenticeship that includes embalming, pass exams and operate a full funeral home with preparation rooms and other facilities they do not need. Completing the program can cost between $20,000 and $48,000 in tuition and fees.
The lawsuit claims the restrictions violate the Oklahoma Constitution’s protections for the right to earn a living and free speech.
“This is a massive first step toward protecting the rights of all Oklahomans to earn an honest living free from unreasonable government regulations,” Institute for Justice attorney Betsy Sanz said according to the group’s press release. “We now look forward to making the case that these restrictions are unconstitutional on the merits.”
The couple is celebrating the court’s ruling as one step toward being able to operate their business in Oklahoma. “We’re thankful for the July 30th decision and encouraged that the court believes our case deserves to be heard,” Mentink told Townhall. “This has never been about attacking anyone—it’s about standing up for families everywhere, starting here in our home state of Oklahoma, and what we believe is right. We know there’s still a long road ahead, but we’re grateful for this opportunity to continue seeking justice.”
She added, “We trust God through every step of the journey and appreciate all the prayers and support we’ve received.”
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