CURRENT STATUS:

CDOC has filed its brief and the City of Los Angeles has responded. Both documents are public documents. Our final reply is due on June 22nd.

Basically the City response does not argue the Constitutional issue, nor do they argue that there was a rational basis for the law. Their response is that, being the City, they have the right to trump rational basis and constitutionality with their police powers (and have attached cases that they believe shows that police powers trump the constitution) and that there is no right to have an unaltered animal in the City of Los Angeles.

It appears that are starting to act on the recommendations of the Spay and Neuter Animal Commission even before the City Council has voted on them. You can find them
here.

BACKGROUND

In February of 2008 the City of Los Angeles passed a mandatory spay and neuter bill for the city. This bill was introduced, not by the Los Angeles Animal Control Department, but by Richard Alarcon, 7th Council District Council Member.

Concerned Dog Owners of California filed a lawsuit against the City. On APril 24th the City of Los Angeles moved in a ex parte motion to dismiss the lawsuit because the CDOC was, in their opinion, overly long.

Judge Jaffe allowed the length and while he gave the City extra time to response, he did not give them the time they asked for.

The complete text of the ordinance can be seen
here.

Here are the main points:
  • All puppies and kittens in the City must be sterilized by the time they are 4 months of age
  • All puppies and kitten must be microchipped by the time they are 4 months of age
  • The cost for licensing of the above dogs is $15.00
EXEMPTIONS
  • Breeds recognized by groups that Animal Control approves of; and
  • Participation in a sporting or show competition by such approved registry in last 2 years, or being trained but is too young to compete or
  • Dog has earned a title in agility, carting, herding, protection, rally, hunting, working or other title or if under 3 years is being trained or
  • Complies as a Service Dog with Subdivisions (d), (e) and (f) of Penal Code relating to Service Dog or
  • Dog is being used by law enforcement; or
  • Owner gets a veterinarian letter every 60 days

The fee for an intact dog is $100.00.

Finally, anyone who wants to breed dogs can get a breeders permit for $100 (each breeding) and pay the $100 intact fee and breed any kinds of dogs they want.

Expenses for the litigation are steep. We have spent in excess of $110,000 so far and anticipate needing another $100,000. So we need to continue to seek your support for this effort. You can make a donation to CDOC Action at
www.cdocaction.org.

CONCERNED DOG OWNERS OF CALIFORNIA
VS
THE CITY OF LOG ANGELES