ANTI-DECLAWING LEGISLATION

Legislative milestones for banning feline declawing in California

The anti-declawing battle began in 2002 when Jean Mathison, a citizen of West Hollywood California received a call from her friend, Hernan Molina, Deputy to the Mayor of the city. Hernan had found an abandoned declawed tuxedo cat and was looking to Jean, an animal lover, for help rescuing it. Jean remembers "putting two and two together" and deciding that Hernan should meet with veterinarian, Dr. Jennifer Conrad and the caring Deputy should see the work she was doing to help the big cats that have been declawed. Soon after, Jean, Hernan, and Jennifer, joined by GG Verone, a well-known activist in the city, approached Mayor John Duran with the anti-declawing ordinance. Jim Jensvold of the Paw Project contacted UCLA Law Professor Taimie Bryant and attorneys Orly Degani and Vicki Steiner. The Paw Project's volunteers and the attorneys wrote the ordinance defining declawing as an act of cruelty and banning all persons, not just veterinarians, from performing it.

West Hollywood's anti-declaw ordinance has overwhelming support from its citizens. At public hearings, supporters of the ban outnumber opponents 40-to-1. The Council members vote unanimously to enact the ban in April, 2003. The anti-declaw law outlaws declawing of all animals and is the first of its kind in North America.

In January 2005, California enacts AB 1857, the Paw Project-sponsored bill that prohibits declawing of wild and exotic cats. The bill was introduced to the legislature by then-Assemblyman Paul Koretz.

Later that year, the West Hollywood declawing ban is challenged by the California Veterinary Medical Association (CVMA), a veterinary trade organization that works to "enhance the business growth of the membership." The CVMA's lawyers sue West Hollywood to regain the right to declaw in that city. (In contrast, the Royal College of Veterinary Surgeons officially consider declawing to be a "mutilation.") Despite the prospect of high legal fees, the West Hollywood City Council quickly votes to defend the city's position. Orly Degani, an attorney with vast experience in animal welfare cases, agrees to assist West Hollywood with the defense pro bono. The case is heard in Superior Court, and is decided against West Hollywood in November 2005. CVMA attorney Daniel Baxter brags, "We will now take steps to ensure that the ordinance is rescinded and that the city refrains from enforcement thereof." West Hollywood begins an appeal.

In June 2007, the California Court of Appeal reverses the lower court ruling, rejecting the arguments of the CVMA. City Attorney Mike Jenkins and Orly Degani are the lawyers for West Hollywood. The Paw Project submits an amicus curiae brief in support of West Hollywood. The city of San Francisco and the Animal Legal Defense Fund also submit briefs supporting West Hollywood. Appellate Court Judge Perluss writes in the court's decision, "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&hellip. West Hollywood's ordinance is not preempted by state law."

The West Hollywood declaw ban is reinstated.

In October, the CVMA requests a review of the appellate court decision on the West Hollywood suit, but the Supreme Court of California refuses to hear the case.

In February 2008, the CVMA enlists California State Assemblymember Mike Eng to introduce new legislation in a backdoor effort to circumvent the Appellate Court decision protecting a city's right to ban declawing. AB 2427, the proposed law, would prevent other California cities from following West Hollywood's lead in banning declawing or any other act of cruelty if it is performed by a licensed veterinarian. The CVMA lobbys the legislators aggressively and lavishly. According to the Secretary of State website, over $160,000 in "contributions" have been given to California legislators prior to votes on AB 2427. In many cases, the legislators received thousands of dollars just days before committee hearings on the bill.

The bill passes both houses despite being vehemently opposed by the California Animal Association (a coalition of animal welfare organizations, including the Paw Project) and two local government advocacy organizations, the League of California Cities and the California State Association of Counties.

The CVMA-sponsored pro-declawing bill, AB 2427, ends up on Governor Arnold Schwarzenegger's desk in late September 2008. He receives hundreds of calls, letters, and faxes from concerned citizens begging him to veto. Members of the California Animal Association, including Barbara Schmitz, Pam Runquist, Beverlee McGrath, Curt Ransom, Nicole Paquette, Jennifer Fearing, Nicole Forsyth, and Rich McLellan – plus Virginia Handley of Animal Switchboard – work diligently to coordinate opposition to the bill.

The Governor vetoes many bills, including AB 2427, because of historic delays in passing the state budget. He writes in a chastising letter to the legislators:

"I am returning Assembly Bill 2427 without my signature…. I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time."

Cats are protected in West Hollywood, and other cities are free to ban declawing within their borders. However, the protection is shaky as the battle to protect animals continues. In February 2009, the CVMA sponsors SB 762. Senate Bill 762 is identical to Assembly Bill 2427.

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The Paw Project

P.O. Box 445

Santa Monica CA 90406-0445

The Paw Project is a 501(3)(c) non-profit organization

The volunteers of The Paw Project and all of our feline friends thank you for your support!

Together We Have Made A Difference!

Feline declawing affords no benefits to the health or well-being of the animal, but instead produces health or behavioral problems in many cases.

View cases studies in which declawing has proven to be harmful »

In recognition of this important animal welfare issue, former California Assembly Member Paul Koretz (D-42nd District) introduced California State Assembly Bill AB 1857, which bans the practice of declawing of captive wild and exotic cats, such as tigers, lions, and cougar in the State of California.

AB 1857 was the first bill of its kind in the United States. It was passed by the California State Assembly on May 17, 2004, by the California Senate on August 24, 2004, and was signed into law by Governor Arnold Schwarzenegger.

The passage of AB 1857 in California demonstrated that grassroots compaigns can be effective.

You can make a difference in your community and your state! Start at the local level.

Legislative salvos continue—February 2009

The CVMA is sponsoring California Senate Bill 762, which is identical to Assembly Bill 2427 (which, in effect, sought to undermine AB 1857).

Learn more about what you can do to defeat SB 762 »

The Paw Project is a 501(c)3 non-profit organization that exists to increase public awareness about animal welfare and animal cruelty issues related to the crippling effects of cat declawing, to rehabilitate declawed exotic and wild cats, and to end the practice of declaw surgery or onychectomy on domestic cats and feral felines.

Mailing Address
PO Box 445
Santa Monica, CA
90406-0445

Phone
1 (310) 795-6215

E-Mail Address
info@pawproject.com

Paw Project is a 501(c)(3) non-profit organization

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