Legislation signed in May by Gov. Sonny Perdue may throw a monkey wrench in any plans to ban backyard chickens in Roswell.

In his May 26 court filing regarding the case of his client, Roswell resident Andrew Wordes, aka The Chicken Outlaw, former Gov. Roy Barnes says the new law preempts the city’s right to prohibit residents from keeping poultry.

The new code states “No county, municipality, consolidated government or other political subdivision of this state shall adopt or enforce any ordinance, rule, regulation or resolution regulating crop management or animal husbandry practices involved in the production of agricultural or farm products on any private property.”

Roswell Mayor Jere Wood, an attorney and a Wordes supporter, said “that is something that certainly needs to be looked at and to be considered in any decision” to rewrite the city’s zoning ordinance regarding backyard chickens.

The city council wanted to wait until Wordes’ case played out in court before initiating any code amendments regulating poultry in residential areas.

A Friday morning arraignment hearing for was canceled last week because the judge is sustaining a motion to dismiss the case.

“The judge has made a verbal ruling in his favor, and a formal order will be issued as soon as it is complete,” Robby Barclay, Roswell court administrator, said last week.

Judge Maurice Hilliard was unavailable for comment.

Wordes was cited by the city in February for raising chickens in his backyard, which code enforcers say is contrary to Roswell’s zoning law.

John Salter, an attorney in Barnes’ law practice who worked with Barnes on the case, said “we can’t comment on anything until we see the [judge’s] order.”

Among Barnes’ arguments in asking for a dismissal was the alleged ambiguity of the ordinance under which Wordes had been cited. It is not yet known if the judge’s order invalidates the ordinance completely, or if the dismissal comes because of a specific issue in the case.

For Wordes, questioning the reason for the dismissal is secondary to the outcome. For the moment, at least, his pet rooster and hens will remain in his yard.

. “I’ve always known we had a good chance to prevail because Judge Hilliard is a fair and honest judge, and I had the best of lawyers and best of friends supporting me,” Wordes said on Thursday.