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CALIFORNIA NUISANCE WILDLIFE CONTROL OPERATORS ASSOCIATION |
The story of California Wildlife Control Operator’s’ legal fight to win economic liberty in Federal Court is told by Pacific Legal Foundation attorney Timothy Sandefur in his latest book “The Right To Earn A Living – Economic Freedom And The Law”, published by, (and currently available through), the CATO Institute, Washington, D.C. |
While its too early to tell, the WCOs may find, by July of next
year, that their Privileges or Immunities Claim |
Six years ago, the California Nuisance Wildlife Control Operators Association launched a constitutional challenge of a regulation in the Structural Pest Control Act and recently won the lawsuit in the Ninth U.S. Circuit Court of Appeals. The case, known as Merrifield v. Lockyer, established the legal principle that:
This landmark case affirmed the legal precedent for entrepreneurs that Americans have a constitutional right to earn an honest living without arbitrary or excessive state regulation. |
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ITS FINALLY OVER !!! Continue |
Acting upon a mandate issued by the Ninth U.S. Circuit Court of Appeals, the federal district court in San Francisco entered the judgment in favor of the Plaintiffs Alan Merrifield, Urban Wildlife Management, Inc. and the members of the California Nuisance Wildlife Control Operators Association (CNWCOA) and against Bill Lockyer, State Attorney General, Kelly Okuma, Registrar and members of the California Structural Pest Control Board, and Gretchen Brigaman, Protest Officer for the California Department of Transportation (CALTRANS). These state Defendants are now permanently enjoined from enforcing section 8555(g) of the California Business and Professions Code to the extent such section requires Branch 2 licensure for persons engaged in the live capture and removal or exclusion of mice, rats or pigeons from a structure without the use of pesticides, provided Plaintiffs maintain liability insurance coverage as described in section 8692. The Appeals Court rejected the State’s petition for review and/or rehearing of the case and the Defendants subsequently decided against appealing the Merrifield decision to the United States Supreme Court. Final settlement was reached by opposing attorneys on February 20, 2009 bringing the case to a successful close five and a half years after it was first filed.
The economic liberty principles cited in the case of
Merrifield v. Lockyer have now become precedential
case law in all federal courts within the nine western
states comprising the Ninth U.S. Circuit Court District. |
The CNWCOA is seeking to identify and enroll qualified California Wildlife Control Operators who will become known as the "Defenders of Liberty" and be protected by the "JUDGMENT AND PERMANENT INJUNCTION" recently issued by the U.S. District Court as mandated by the Ninth U.S. Circuit Court of Appeals. If you are a California WCO, and you have an interest in the future of your profession, download The NWCO Family brochure and join our fight for economic liberty. |
Eleven years ago a
group of California Wildlife Control Operators, and
some like-minded friends, responded to the national
association’s call to organize by creating the
California Nuisance Wildlife Control Operators
Association (CNWCOA) as a non-profit, mutual benefit
corporation. We subsequently became qualified as a
tax exempt trade association.................... |
Business and Professions Code, Section 8555(g) On June 8,
2009, the California Nuisance Wildlife Control Operators
Association submitted a proposal to revise Section 8555(g) of
the Business and Professions Code to State Senator Leland Yee a
member of this committee having the jurisdiction to introduce
the desired change................. |
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For
the past ten years, I have tried to understand the
state’s occupational licensing laws and to determine
which licenses are needed by WCOs. |
Like many of you, I just received a renewal application for my Qualified Applicators License from the Department of Pesticide Regulation. I have maintained this license many years by paying the license fees, county registration fees, and continuing education course registration fees. Add to these fees the travel costs and costs of my time when I could have been doing something more productive, then the cost of maintaining my QAL has added up to quite a pile of money. I used to think it was money well spent, but now I’ve changed my mind, and here’s why...................... |
Frederick J. Northrop and William Last Jr. have sent us an article they co-wrote entitled “California Appellate Court Holds That Contractor Must Return All Payments When Qualifier is Not Acting as a Manager”. ....................... |
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CNWCOA Archives |
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