West Hollywood Declawing Ban Is Defeated
It is not against the law for veterinarians in West Hollywood
to declaw cats now that the California Superior Court (Los Angeles)
has ruled in favor of the California Veterinary Medical Association
(Sacramento).
The CVMA sued the city of West Hollywood in March 2005 to
overturn an ordinance banning animal declawing, except for
defined “therapeutic” purposes, within city limits.
The November ruling upheld the CVMA’s assertion that
local ordinances may not infringe on licensed professionals’
state-granted rights to practice within the scope of their
licenses.
“Judge Bascue’s ruling sends a clear message
to West Hollywood and all other California cities that local
municipalities cannot pass ordinances that ignore the authority
of California’s state licensing and regulatory oversight
boards,” said Dr. Eric Weigand, president of CVMA.
The practice of veterinary medicine is highly regulated in
California, and the Veterinary Medicine Practice Act specifically
regulates what veterinarians may or may not do within the
scope of practicing veterinary medicine.
The California Department of Consumer Affairs, which regulates
the state’s veterinarians, issued an opinion in 2004
emphasizing that local governments are prohibited from enacting
legislation in an area already regulated by a state agency.
[February 2006 PET AGE]
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