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Diamond Bullet Member
10,291 Posts
Discussion Starter · #1 ·
The Pacific Legal Foundation is certainly worthy of support - these guys are definately "fighting the good fight." And this was in the 9th Jerkit Court no less. It just goes to show how out of control our state laws here have gotten.

Featured Case
PLF defeats government cartel in the pest control business
Merrifield v. Lockyer

Contact: Timothy Sandefur

Throughout the nation, licensing laws and other regulations often prevent entrepreneurs from competing fairly and pursuing the American dream. Through its Economic Liberty Project, PLF is protecting the right of Americans to earn a living at a lawful business, without unreasonable government interference.

Alan Merrifield owns Urban Wildlife Management, a business that performs nonpesticide animal removal and exclusion. He has 30 years of experience and holds several license certifications from the state and wildlife control trade groups. But California law requires that Merrifield also get a “Branch 2 Structural Pest Control Operators’ License” to use nonpesticide techniques on pigeons, rats, and mice. (No license is required for treating other vertebrate pests, like bats, raccoons, or skunks.)

Obtaining a license required an applicant to pass a 200-question pesticide examination and have two years’ experience in handling pesticides--and yet Mr. Merrifield doesn't even use pesticides. PLF took Mr. Merrifield's case to the Ninth Circuit Court of Appeals, and on September 16, the court struck down the law as unconstitutional. The unreasonable licensing rule was designed simply to protect established pest control companies against fair competition by Mr. Merrifield, the judges held, and this was not a legitimate goal for the government to pursue. This important victory has helped clear the way for entrepreneurs across the west coast to pursue their constitutional right to earn a living.
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