Case Conclusion Date: 07.28.2011
Practice Area: State, Local And Municipal Law
Outcome: Motion Granted: Judge Loretta Giorgi ruled that the measure is pre-empted by a state law concerning medical procedures, and therefore the measure was to be removed from the November 8, 2011 ballot.
Description: A preempted and invalid ordinance criminalizing male circumcisions was to be placed on San Franciscoâ€™s November 8, 2011 election ballot. California law denies its localities the power to â€œprohibit a healing arts professional licensed with the state . . . from engaging in any act or performing any procedure that falls within the professionally recognized scope of practice of that license.â€ (Bus. & Prof. Code Â§ 460(b).) As male circumcision is a medically recognized procedure, San Francisco has no power to enact an ordinance barring circumcisions. The proposed ban would have punished people who circumcise a minor with a fine of up to $1,000 or up to a year in jail.