City Hall says legislation takes away local control
SACRAMENTO A somewhat obscured piece of legislation circulating in the state capital is causing an uproar among local residents, not just for its controversial limitation on a city’s ability to regulate business activities, but for possibly allowing a procedure that some have dubbed an amputation on cats.
The source of frustration for these animal lovers is AB 2427, a bill that would amend state law to prevent cities and counties from imposing certain restrictions on professionals who are licensed by the California Department of Consumer Affairs, prohibiting regulation of activities that are defined in the respective business or occupation.
While officials in cities like Santa Monica and Los Angeles have denounced the bill on the grounds it would essentially take away local policing powers, the aspect of the measure that has riled up opponents is its impact on future ordinances banning a much-contentious practice on cats called declawing.
The bill, authored by Mike Eng, (D- Monterey Park), seeks to rectify the confusion that supporters say has been created when cities begin passing different regulations on professions, such as a ban on declawing in West Hollywood. A similar law was considered by the Santa Monica City Council in 2004.
“It is critical that only educated, trained professionals, working in conjunction with the legislature and California professional boards and bureaus define policies relative to permissible practice standards, including those standards pertaining to highly complex human and animal medical procedures,” representatives from the assemblymem-ber’s office said.
The operation to surgically remove feline claws has been a hot topic for many years, many arguing that the procedure often causes behavioral problems in cats, leading them to use biting as a defense mechanism rather than scratching.
It’s an act that has been called inhumane by many animal lovers.
“When you declaw a cat, you are amputating the last knuckle and so it’s not just some fancy manicure, it’s an amputation,” Jennifer Conrad, a Santa Monica veterinarian, said.
Conrad founded the Paw Project, an organization that advocates for animal welfare. She also helped craft the anti-declawing ordinance in West Hollywood.
“It really is a horrible procedure,” Conrad said.
Santa Monica filmmaker Willow Evans is currently producing a documentary on declawing, hoping to bring the issue to the public.
“Banning declawing, is about being conscientious at a deeper level than just protecting cats from the veterinary offices in Santa Monica that perform this procedure,” Evans said. “It’s about declaring that conscious choice to protect animals from unnecessary mutilations, out loud, to other cities, and a world that is watching.”
Ken Jones, a veterinarian in Santa Monica that doesn’t offer the surgical operation, said declawing can cause long-term pain in the feet.
“A lot of problems arise when the veterinarian who removes the (claw) doesn’t do a proper job and eats a piece of the bone there and the bone starts to regrow, poking through the skin, causing problems,” Jones said.
A possible ban came up to the council in the summer of 2004 when a group of residents spoke in favor of an ordinance modeled after West Hollywood’s. The council was deadlocked at 3-3 and discussion was put on hold. Several supporters who attended that meeting say they are considering bringing it up at another council meeting.
Supporters of the bill argue it would make regulation on declawing and other health-related matters more uniform, preventing the confusion created when cities begin enforcing different rules.
The proposed legislation, which was introduced in February, came after the California Veterinary Medical Association (CVMA) sued the city of West Hollywood for blocking a surgical procedure they argue was allowed under state law. The challenge made its way through the court system before the state Supreme Court decided not to hear the case.
The issue, according to the CVMA, has nothing to do with the practice of declaw-ing in itself, but rather a concern when there is a lack of consistency in regulation.
“We feel there should be one unifying set of rules for all of veterinary medicine,” Bill Grant II, the president of the CVMA, said. “It’s more than redundant to have local agencies and municipalities say that you can do this procedure there, but you can’t do this there, and it gets quite confusing.”
Grant points out that the bill would not go into effect until Jan. 1, 2009, leaving the law in West Hollywood intact.
The proposal has been endorsed by medical organizations, including the California Optometric Association, the California Dental Association and the California Hospital Association.
“It’s really designed for health care,” Grant said.
But many cities have criticized the bill as being broad and having far-reaching effects outside of the medical profession, taking away local power.
The council last month wrote a letter to state Sen. Sheila Kuehl (D-Santa Monica) in opposition to AB 2427, saying it would “prohibit the ability of local jurisdictions to advance different, but equally important, interest than the state.”
Local officials say they are unclear how the bill would precisely impact Santa Monica, but know it would preempt their ability to enforce certain laws.
“We typically oppose anything that is going to create a restriction on local control and this is what it is all about,” Mayor Pro Tem Richard Bloom said.
Bloom added that the recently updated massage regulation might not have been possible if the proposed bill was already in place.
“It’s very vague and can be interpreted broadly,” he said.
Councilmember Kevin McKeown pointed out that AB 2427 would also have an impact on City Hall’s ability to legislate on other business sectors.
“It would usurp Santa Monica’s appropriate control over many professions licensed by the state, from auto repair to beauty parlors,” he said.
Also in opposition to the bill is the League of California Cities, an association of cities in the state, arguing AB 2427 would take away a vital function of local government.
“It’s the basic bread and butter operation of local government,” Kyra Ross, the legislative analyst for the league said of regulations. “It’s critical to maintain the value of the community … and if you (can’t) make change the community wants, you lose the value of that community.”
Originally published in the Santa Monica Daily Press print edition on July 17, 2008. Read the original PDF.