West Hollywood’s ban was contested when the California Veterinary Medical Association (“CVMA”) sued the city of West Hollywood alleging that the ban was preempted by a section of the Business and Professions Code and the Veterinary Medical Practice Act (“VMPA”) which authorizes surgically declawing cats. Business and Professions Code section 460 prohibits local legislation from preventing individuals licensed by the state (such as veterinarians) from practicing their business or profession. The CVMA won by summary judgment at the Los Angeles Superior Court level based on the argument that the ban was preempted by section 460. But, this decision was overturned by a California appellate court.

In June 2007, the Appellate court ordered the Superior Court judge to deny the CVMA’s Motion For Summary Judgment and grant West Hollywood’s Motion For Summary Judgment. According to the Appellate Court, section 460 prohibits additional prerequisites (licenses or qualifications) to an individual’s ability to practice his/her profession in a given jurisdiction, but it does not prohibit limiting how a profession may be practiced. Similarly, it was stated that the ban did not violate the VMPA. The California Supreme Court chose not to hear this case.

Since then on July 2, 2009, Governor Schwarzenegger signed Senate Bill 762 (“SB 762”) into law, which amends section 460 of the California Business and Professions Code. SB 762 prohibits local California municipalities from enacting regulations similar to West Hollywood’s by making it unlawful for a city and/or county to prohibit a licensed healing arts professional from performing a procedure that is within the professional’s scope of practice. SB 762 also contains a grandfathering clause that allows the enforcement of violative local ordinances in effect prior to January 1, 2010. With this date approaching quickly, some California cities are considering passing legislation banning declawing while they still can.

Malibu already rejected such legislation in October 2009. But, San Francisco, Santa Monica, Los Angeles, Berkeley and Beverly Hills are on their way to passing their ordinances. San Francisco is voting on whether to approve the ban November 3, 2009. The final votes in the other cities are on November 5, 2009 in Beverly Hills, November 6, 2009 in Los Angeles, November 10, 2009 in Santa Monica and November 11, 2009 in Berkeley.

To express support in support of or against the bans in the above cities, go to Paw Project; for your local representatives’ contact information.