[ SHOWGSD-L ] California Supreme Court denies CDOC appeal
- From: "Peggy" <pmick12@xxxxxxxxxxx>
- To: "showgsd-l" <showgsd-l@xxxxxxxxxxxxx>
- Date: Mon, 18 Jul 2011 18:12:26 -0400
On Wednesday, the justices of the California Supreme Court declined to hear a
challenge to a Los Angeles municipal ordinance requiring sterilization of dogs
and cats within the city. This district's Court of Appeal ruled in Concerned
Dog Owners of California v. City of Los Angeles (2011) 194 Cal.App.4th that the
ordinance adopted in 2008 was a valid exercise of the city's police power and
did not implicate any constitutional rights.
It requires the owner of a dog or cat to spay or neuter the animal unless one
of six exemptions is satisfied. Exemptions affect animals whose owners hold
breeder permits, as well as show animals, service dogs, and those used for law
enforcement or similar public purposes.
Justice Jeffrey W. Johnson, writing for Div. One, said that there was no
constitutional right to keep a pet unaltered, that requiring spaying or
neutering is not a taking of property, and that the ordinance "regulates
conduct not speech."
The challengers had argued that requiring them to purchase breeder permits if
they did not want to alter their animals was a form of compelled speech, since
"breeder" is looked upon as a pejorative term in some circles. But the justice
pointed out that there was no actual compulsion involved, and that there was no
requirement that permit holders actually breed the animals.
The ARistas win again!!!
Peggy
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