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Animal Law Keyed to Wagman
California Veterinary Medical Association v. City of West Hollywood
Citation:
152 Cal. App. 4th 536, 61 Cal. Rptr. 3d 318 (2007)Facts
In 2003, the City of West Hollywood adopted an ordinance prohibiting any person from performing onychectomy (declawing) or flexor tendonectomy procedures on animals within city limits except when necessary for therapeutic purposes. The ordinance was based on findings that these procedures cause “unnecessary pain, anguish and permanent disability” to animals. The city determined that declawing is not a simple cosmetic procedure but involves amputating bone, nerve, joint capsule, ligaments, and tendons, comparable to cutting off the last joint of each human finger. The California Veterinary Medical Association (CVMA) challenged the ordinance, arguing it was preempted by Business and Professions Code section 460 and the Veterinary Medical Practice Act (VMPA). The Department of Consumer Affairs legal office issued an opinion supporting CVMA’s position, concluding that the ordinance was preempted because it prohibited licensed veterinarians from practicing aspects of veterinary medicine that fall within the perimeter of their state license. The trial court granted summary judgment to CVMA, finding the ordinance preempted by section 460.
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