Lawsuit Status Update
The lawsuit that Alan Merrifield and CNWCOA brought against the State of California and the structural pest control board has progressed throughout the last year. Unfortunately, we experienced a temporary setback when the judge ruled for the state and against Alan and CNWCOA. This ruling was due almost entirely to ignorance on the courts part and an unwillingness to review the evidence in the case. In this case the judge was unable to differentiate in his own mind between our industry and the structural pest/insect control industry. For this reason, the judge feels that WCO's should be trained and licensed for insect control just in case we encounter a pesticide or a hazardous situation caused by a pesticide used by a PCO who may have been in the building before we were.
This begs the question, should roofing contractors or HVAC contractors, or electrical contractors then also be required to obtain their Branch II license, after a two year apprenticeship working under a licensed pest control operator before they can continue their jobs, which are just as unrelated to insect control as ours are? They, just like WCO's, may also encounter pesticides applied by a PCO in the course of their daily operations.
Obviously, at this point, we need a legal process that is compelled to actually review the evidence in our case instead of trying to fit this case into a precast legal mold in the interest of completing the case and moving on to the next item on the daily docket. Fortunately for us, Pacific Legal Foundation has taken the case to appeal, where the court is compelled to review the evidence. At this time, we remain extremely optimistic about the outcome of this case, as the evidence we have is so compelling.
In a nutshell, the fight goes on! We'll continue to keep you updated.
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