California Pigeon Control Business Challenges Irrational Licensing Requirement
September 2005
Representing California Bay Area pest control operator Alan Merrifield, PLF attorneys recently argued before a federal district court to block state bureaucrats from forcing the business owner to get a license for handling pesticides, even though he uses screens and spikes—and not pesticides—to keep birds off of buildings. PLF’s civil rights lawsuit against the state argues that the licensing requirement violates Mr. Merrifield’s constitutional right to earn a living.
Under California law, anyone using non-pesticide methods to keep pigeons, rats, and mice off of a structure must obtain a Branch 2 Structural Pest Control Operator’s License, which requires an examination that tests an applicant’s knowledge of pesticide-handling techniques. Before an applicant can take the examination, however, he must complete a two-year apprenticeship learning how to handle pesticides.
Mr. Merrifield, who has been in business for over 30 years, does not use pesticides. Instead, he puts spikes on buildings to keep pigeons away. Nevertheless, the Structural Pest Control Board has threatened to prosecute Merrifield if he installs any device on a building to keep pigeons away without the Branch 2 license—even though the state’s own expert witness testified that the law is irrational.
What’s more, the licensing requirement does not apply except in cases involving pigeons, rats, and mice. The perverse result of the law is that if Mr. Merrifield puts spikes on a building to keep seagulls away, he does not need a license, but if he puts the same spikes on the same building to keep pigeons away, he does. Even worse, the licensing examination itself does not test knowledge of pigeons or spikes!
Rather than protect the public’s health and safety, the state’s licensing law only protects businesses that use pesticides from fair competition by businesses that provide chemical-free services—and that’s not in the best interest of the public.
For more information about PLF’s Economic Liberties Project, contact PLF Principal Attorney, Deborah La Fetra at (408) 732-1953, or PLF Attorney Timothy Sandefur at (916) 419-7111
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