"We are not imposing our view of a well-functioning market on the people of California. Instead, we invalidate only the
State legislature’s naked attempt to raise a fortress protecting Branch 2 Structural Pest Control Licensees at the expense of
California's private Wildlife Control Operators who are similarly situated, but who do not use pesticides for the control
of vertebrate pests in structures․"
In 2004, the CNWCOA filed a lawsuit in federal court challenging the constitutionality of a structural pest control occupational licensing regulation. It ultimately won that case in 2008 at the 9th U.S. Circuit Court of Appeals. The Court's OPINION & ORDER in that case affirmed the plaintiffs' constitutional right to earn an honest living as Wildlife Control Operators without being subjected to arbitrary or unreasonable governmental interference.
In 2009, the U.S. District Court in San Francisco issued a PERMANENT INJUNCTION against members of the California Structural Pest Control Board prohibiting each of them, their successors, their employees and their associates from making any attempt to enforce this unconstitutional law against the prevailing plaintiffs.
This website contains a variety of subsequent issues and commentary related to that landmark legal case commonly known as Merrifield v. Lockyer.
U.S. Supreme Court vindicates WCOs' legal victory at 9th U.S. Circuit Court of Appeals
In the wake of Justice Scalia’s death, the remaining eight Justices of the United States Supreme Court met in conference on February 29, 2016 to consider weather or not to review a case whose result disagreed with the 2008 Merrifield v. Lockyer decision.
"Eternal vigilance is the price of liberty." Those words, attributed to Thomas Jefferson, guide the work of the Pacific Legal Foundation today. Our portfolio, spanning more than 100 cases in more than 30 states, is a testament to our vigilance in securing for all Americans a foundation of freedom in the courts, and to confront the myriad threats imposed by heavy handed government.
The California Nuisance Wildlife Control Operators Association is a 501c6 Trade Association
established in 1998 to further the professional, economic and political interests of
California's private Wildlife Control Operators.