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BAN ON DECLAWING |
October 15, 2007
THIS WEEK, THE CALIFORNIA SUPREME COURT DECLINED TO REVIEW THE CASE OF CALIFORNIA VETERINARY MEDICAL ASSOCIATION V. WEST HOLLYWOOD. THIS DECISION UPHOLDS THE FAVORABLE JUNE 2007 DECISION OF THE CALIFORNIA APPELLATE COURT, WHICH RULED IN FAVOR OF THE CITY OF WEST HOLLYWOOD, ALLOWING THE PROHIBITION OF DECLAWING. HOPEFULLY OTHER CITIES NOW WILL BE ENCOURAGED TO ENACT SIMILAR LAWS.
PRESS RELEASE:
West Hollywood's Groundbreaking Ban on the Declawing of Animals Upheld: News Conference to be Held on Monday, October 15, 2007 Thursday October 11, 7:07 pm ET
City of West Hollywood to Begin Enforcing Ban on Declawing of Animals
WEST HOLLYWOOD, Calif.--(BUSINESS WIRE)--Yesterday, the California Supreme Court announced that it is refusing to review a decision by the California Court of Appeal upholding West Hollywood's ban on non-therapeutic declawing of animals. The City of West Hollywood will hold a news conference to address this issue and to announce its enforcement of the ban on the declawing of animals at 10 a.m. on Monday, October 15, 2007 at West Hollywood City Hall, 8300 Santa Monica Boulevard. The lower appellate court decision had concluded that the City's ground-breaking ordinance is a proper exercise of the City's police power and not in conflict with State law. West Hollywood's declawing ordinance is the first of its kind in California and sets a precedent for local government across the state.
"We are elated by the California Supreme Court's decision not to hear the appeal filed by the California Veterinary Medical Association (CWMA)," said West Hollywood Mayor John Duran. "From the time I introduced this ordinance, I was confident that protecting animals from mutilation was the right thing to do no matter who opposed it. Declawing amounts to amputation and we should call it what it is. Animals deserve the right to exist the same way they were born and not be "adapted" to meet people's needs," he continued.
Declawing involves removing not only the claw but also all or part of the last bone and connecting tendons and ligaments on an animal's paw. Many consider the procedure to be unnecessarily painful and cruel, and the procedure has been banned as a form of animal cruelty in numerous countries.
News conference participants will include Orly Degani, the lawyer who assisted West Hollywood in defending the ordinance in court; West Hollywood Mayor John Duran, who sponsored the declawing ordinance; and Dr. Jennifer Conrad, DVM of The Paw Project, who provided medical input regarding animal declawing to support the ordinance.
The California Veterinary Medical Association, a veterinarian trade group, challenged the West Hollywood declawing ordinance in court, claiming the ordinance was preempted by State law, and that West Hollywood has no authority to regulate the medical practices of veterinarians. West Hollywood disagreed with that position and defended the ordinance. A Los Angeles judge overturned the ordinance in 2006, ruling that cities lack power to limit the practice of state-licensed professionals. The court of appeal reversed the lower court decision, allowing West Hollywood's ban on animal declawing within its City limits to be enforced. The California Supreme Court has now denied CVMA's petition for review of the decision by the appellate court.
For more information, regarding the City of West Hollywood's Declawing Ordinance, please contact Hernan Molina, Deputy to West Hollywood Mayor John Duran, at 323-848-6460 or Tamara White, Public Information Officer, at 323-848-6431. |