United States Ninth Circuit

In a section 1983 case challenging California's pest controller regulation, the grant of summary judgment for the State is affirmed in part and reversed in part where: 1) claims of violation of the privileges and immunities clause of the Fourteenth Amendment are limited to violations of the right to travel; 2) California's requirement of licensure for structural pest controllers satisfies rational basis review and does not violate due process; but 3) the exemption of small vertebrate pest controllers who don't use pesticides, while other pest controllers who don't use pesticides must be licensed, fails rational basis review and violates the equal protection clause.

Appellate Information

• Argued 08/16/2007
• Decided 09/16/2008
• Published 09/16/2008

Judges

• Before:  DIARMUID F. O'SCANNLAIN, HAWKINS, and KIM McLANE WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Timothy Sandefur, Pacific Legal Foundation, Sacramento, CA, argued the cause for the plaintiffs-appellants and filed briefs;  Meriem L. Hubbard, Pacific Legal Foundation, Sacramento, CA, was on the briefs.


• For Appellees:
  
• Diann Sokoloff, Deputy Attorney General, Oakland, CA, argued the cause for the defendants-appellees and filed a brief;  Bill Lockyer, Attorney General for the State of California, Alfredo Terrazas, Senior Assistant Attorney General, Wilbert E. Bennett Supervising Deputy Attorney General, Oakland, CA, were on the brief.