CVMA

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 538 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 539 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 540 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 541 OPINION Echoing Gandhi's teaching that a society's moral progress is best judged by its treatment of animals, 1 the City of West Hollywood has banned as cruel and inhumane the practice of animal declawing unless necessary for a therapeutic purpose. Believing West Hollywood's prohibition *Page 542 of recognized veterinary medical procedures within its city limits was both inappropriate and ill advised, the California Veterinary Medical Association (CVMA) filed an action for declaratory and injunctive relief, asserting the ordinance was preempted by the California Veterinary Medical Practice Act (VMPA or Act) (Bus. Prof.…

I respectfully dissent. If I were in the majority I would hold that the trial court did not err in finding the City of West Hollywood ordinance enacted into law on April 21, 2003, preempted by State of California legislation and therefore invalid under the California Constitution. An analysis of the preemption question should begin with an examination of any expression by the California Supreme Court on the issues being examined. Fortunately, we do have a decision by the California Supreme Court for our guidance in California Fed. Savings Loan Assn. v. City of Los Angeles (1991) 54 Cal.3d 1 [ 283 Cal.Rptr. 569 , 812 P.2d 916 ]. The decision of our high court gives an indepth analysis of the "home rule" provision of the California Constitution as it pertains to "municipal" vis a vis "statewide" concerns. For this reason California Federal is quoted extensively hereafter. In summary, the decision involved a refund of taxes claim by the plaintiff on the ground that the defendant City of Los Angeles tax statute was a question of "statewide" concern and not a municipal affair thereby invoking state preemption entitling plaintiff to a refund of any local taxes paid. The trial court…

Echoing Gandhi’s teaching that a society’s moral progress is best judged by its treatment of animals, the City of West Hollywood has banned as cruel and inhumane the practice of animal declawing unless necessary for a therapeutic purpose. Believing West Hollywood’s prohibition of recognized veterinary medical procedures within its city limits was both inappropriate and ill advised, the California Veterinary Medical Association (CVMA) filed an action for declaratory and injunctive relief, asserting the ordinance was preempted by the California Veterinary Medical Practice Act (VMPA or Act) (Bus. & Prof. Code, § 4800 et seq.) and by Business and Professions Code section 460, which precludes cities and counties from prohibiting certain individuals licensed by the state from engaging in their business or profession “or any portion thereof.”

On cross-motions for summary judgment the trial court concluded West Hollywood’s anti-declawing ordinance was preempted by section 460 and entered judgment in favor of the CVMA, declaring the ordinance invalid and enjoining further enforcement. We reverse. Although section 460 prohibits local legislation imposing separate and additional…