CNWCOA - LAWSUIT FILED!!! -
[Cached Version]
Published on: 3/16/2006
Last Visited: 9/28/2008
The California Nuisance Wildlife Control Operators Association (CNWCOA) has joined Urban Wildlife Management, Inc. and its President, Alan Merrifield in a civil rights lawsuit against the State of California.
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Merrifield, and the other Plaintiffs who filed the federal civil rights complaint, seek to challenge the constitutionality of Section 8555(g) of the California Business and Professions Code, which effectively prohibits and criminalizes any act to control rats, mice or pigeons in, on, or under any house, building or other structure when that control is performed by someone other than an Exterminator possessing a Branch 2 Structural Pest Control License.
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Since Merrifield and the other Plaintiffs are "Wildlife Control Operators" (not "Structural Pest Control Operators"), they do not use poisons or other pesticides to control birds or other vertebrates in buildings.
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Plaintiffs charge the State, its Departments, and it regulatory employees, with conspiring to prevent Merrifield, Urban Wildlife Management, Inc., and others similarly situated, from pursuing their fundamental rights to life, liberty and property when they acted in concert to prevent Plaintiffs from submitting and/or winning bids for public works projects or barring them from attending bidders meetings, or when these Defendants threatened WCOs with fines, jail terms, loss of phone service and business closure for engaging in, or offering to engage in, non-pesticide control of rats, mice and/or pigeons.
The Defendants named in this lawsuit are: the Governor; the California Legislature; the Structural Pest Control Board; the Department of Pesticide Regulation; the Contractors State Licensing Board; the Department of General Services; the Department of Transportation; and various State employees who have been directly involved with the unlawful enactment and/or enforcement of the wildlife control statute being challenged.
Ironically, Merrifield is a state-licensed Contractor specializing in Animal Damage and Bird Control, he is a state-licensed Animal Trapper and he has operated a state-license Pest Control Business for many years.He is also a Nationally Certified Wildlife Control Professional and a Certified Installer of Bird Exclusion Products.
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ALAN MERRIFIELD, an individual doing business as URBAN WILDLIFE MANAGEMENT; URBAN WILDLIFE MANAGEMENT, INC., a California corporation individually and as successor in interest to ALAN MERRIFIELD dba URBAN; CALIFORNIA NUISANCE WILDLIFE CONTROL OPERATORS ASSOCIATION, INC. a California corporation,