Wednesday, January 7, 2009

David Beats Goliath



Fellow Wildlife Control Operators,

It is my distinct honor to inform you that the California CO Association has won another legal battle in defense of our constitutional right to earn an honest living without having to overcome undue government interference.

On January 6th, the Ninth United States Circuit Court of Appeals rejected the State's petition for en banc hearing of our case. Had 14 judges approved the State's request, we would have had to file another brief and make still another oral arguement before an 11 judge panel. But that's not going to happen now. Unless the State of California decides to fle a Writ of Certiorari asking the United States Supreme Court to intervene, this case is over after a very long six year series of courtroom battles.

This legal victory represents the very first time since 1868 that an state occupational licensing law was overturned and found unconstitutional. It is only the second time in the entire history of the United States that the Fourteenth Amendment to the Constitution has been used to smash a state-sponsored cartel. This was truly a David versus Goliath encounter where David kicked ass again.

The case of Merrifield v Lockyer is a landmark case establishing a number of legal precedents. important to entreprenuers in general and Wildlife Control Operators in particular. I will be organizing my thoughts and will be speaking out on the meaning of this groundbreaking news in the near future. Until then, I encourage WCOs everywhere to become familiar with the legal principals established in this case and then explore the possibilities of using the decision to support unfair laws and regulations in your respective states.

Alan Merrifield

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