CVMA v. City of West Hollywood (2006)
Plaintiff's Attorney:
Daniel Lawrence Baxter
Defendant's Attorney:
Michael Jenkins, Orly Degani
3rd Party Amicus or Intervening Party:
Animal Legal Defense Fund, The Association of Veterinarians for Animal Rights, and the PAW Project
3rd Party Attorney:
George A. Nicoud III, Sarah E. Piepmeier, Perlette Michele Jura, Kahn A. Scolnick, Vanessa C. Adriance
Topic:
Cruelty - cat declawing
Case File #:
SCo84799
Jurisdiction:
California
Year Case Filed:
2006
Printible Version
This California action concerns the adoption of an ordinance in 2003 by the City of West Hollywood that prohibits the de-clawing of house cats. Amici Curiae Animal Legal Defense Fund ("ALDF"), the Association of Veterinarians for Animal Rights ("A V AR"), and the Paw Project submitted a brief to assist the Court in its determination of whether the ordinance at issue on this appeal legally prohibits non-therapeutic onychectomies (commonly known as "de clawing ) of domestic animals within the City of West Hollywood.
The California Superior Court found that the Business and Professions Code section 460 preempts a municipal ordinance that attempts to regulate veterinarian procedures. The Amici contend that the CVMA examines only one section of the Code and disregards other sections that apply. Further, the amici find that the CVMA’s “. . . members have a pecuniary interest in performing the acts that the City has determined to be cruel.”
On Friday, June 22, 2007, the Second District Court of Appeal in Los Angeles ruled 2-1 that a city can regulate the conduct of its professionals provided it does not prohibit procedures that state law expressly allows. To read the case, click here.
APPLICATION FOR LEAVE TO FILE BRIEF OF AMICI CURI (12/27/2006) (pdf file - 414.56 KB)
BRIEF OF AMICI CURI ANIMA LEGAL DEFENSE FUND, THE ASSOCIATION OF VETERINARIANS FOR ANIMAL RIGHTS, AND THE PAW PROJECT IN SUPPORT OF APPELLANT (12/27/2006) (pdf file - 1.54 MB)
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