[ SHOWGSD-L ] CVMA Wins Lawsuit regarding ban on animal declawing
- From: RihadinK9@xxxxxxx
- To: showgsd-l@xxxxxxxxxxxxx
- Date: Mon, 19 Dec 2005 11:55:52 EST
CALIFORNIA VETERINARY MEDICAL ASSOCIATION APPLAUDS COURT DECISION ON WEST
HOLLYWOOD LAWSUIT
Decision affirms powers of state consumer protection boards
Los Angeles: On November 30, 2005, the California Superior Court in Los
Angeles ruled in favor of the California Veterinary Medical Association (CVMA)
and against the city of West Hollywood, California in a case that drew
international attention.
The CVMA sued the city of West Hollywood in March 2005 to overturn the cityâ??
s ordinance banning animal declawing, except for defined â??therapeuticâ??
purposes, within city limits. The November 30 ruling upheld the CVMAâ??s
assertion
that local ordinances may not infringe on licensed professionalsâ??
state-granted rights to practice within the scope of their licenses. The
ruling affirms
the authority of the stateâ??s regulatory framework and the powers of state
consumer protection boards.
â??Judge Bascueâ??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 Californiaâ??s state licensing and regulatory
oversight
boards,â?? said CVMA President Eric Weigand, DVM.
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 legislature has delegated to the California Veterinary Medical
Board
the authority to carry out and enforce the provisions of the Veterinary
Medicine Practice Act.
â??The court reached the proper ruling,â?? said CVMA attorney Daniel Baxter of
Wilke Fleury Hoffelt Gould & Birney, LLP. â??We will now take steps to ensure
that the ordinance is rescinded and that the city refrains from enforcement
thereof.â??
Itâ??s important to have one set of rules regulating the practice of
veterinary medicine in California. If each one of the 478 California cities
had its own set of rules, it would be confusing for pet owners and difficult
for veterinarians to provide care for pets. Ultimately, this could create a
chaotic situation.
â??Decisions regarding the practice of veterinary medicine should be left to
veterinarians, who have the best interests of the patient and animal owners in
mind,â?? added Dr. Weigand. â??The courtâ??s decision ensures that pets in
West
Hollywood and throughout California will receive the best care available, as
consistently regulated by California law.â??
The CVMA is not alone in disputing cities that pass local ordinances that
conflict with state regulations. The California Department of Consumer
Affairs,
which regulates veterinarians in California, issued an opinion a year ago
that emphasized local governments are prohibited from enacting legislation in
an area already regulated by a state agency.
For more information about this press release, or to schedule interviews
with CVMA spokespersons, contact Melissa Stallings at the CVMA at (916)
649-0599. To access past CVMA press releases, visit the CVMA Media Center in
the
News Room at _www.cvma.net_ (http://www.cvma.net) .
The California Veterinary Medical Association is the largest state
veterinary medical association in the United States, with more than 5,400
members. Founded in 1888, its mission is to serve its membership and community
through innovative leadership and to improve animal and human health in an
ethically and socially responsible manner.
Ginger Cleary, Rome, GA
a rumor flies around the world while the truth is still putting it's shoes
on..
_http://www.rihadin.com_ (http://www.rihadin.com/)
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