Kennels Delite, Inc.  is suing Best Friends Animal Society in New York County Superior Court  Animal Society. The  lawsuit involves defamation, tortious interference with business and injuring plaintiff’s business, and  tort issues.

According to the lawsuit, the defendant Best Friends Animal Society “advised plaintiff [American Kennels] by letter that if it did not cease selling puppies from breeders and only transfer, sell, or retail ‘rescued’ pets coming from government shelters or 501 ( c )(3) rescue groups” they would continue to protest in front of plaintiff’s store and would try to destroy plaintiff’s business.”

Protests then took place on two days in April, 2009 in front of the store of plaintiff, American Kennels, on Lexington Avenue in Manhattan. The pet store company alleged that “defendant’s members unlawfully protested in front of plaintiff’s store and unlawfully interfered with plaintiff’s business by blocking the entrance to plaintiff’s store with the stated intent of putting plaintiff out of business”.  

The protesters allegedly dispensed handouts that explained several pet supply stores nearby did not sell “puppy mill dogs”  and various other statements in regard to the plaintiff’s animals, and general terms re commercial kennels, but made sure to throw in derogatory statements, and even claimed to know where plaintiffs’ animals came from?   In the Plaintiffs’ lawsuit, it alleges these  false statements  (and more) were published in flyers handed out to the public during the protests and in the New York Daily News and then repeated on the TV Network New York One.

Of course, the H$U$ chimed in, claiming that dogs sold in pet stores come from commercial kennels (but H$U$ and ARs call them “puppy mills” to get more donations, and to shut down all breeding regardless of how good.)   The plaintiff alleged that Best Friends was doing the protests and publishing such information to raise more money for their group (Best Friends animal Society)

In CA, such protests are done as well, and AR groups have managed to close down at least three pet stores, in one case by creating so much commotion in front of the expensive mall, that the landlord would not renew the lease for the pet store.  There are many cases of protests done in front of stores (such as Burburry stores) or where Peta protests a fur clothing retailer.

Unfortunately, these protests should NOT cause consumers to abandon the store, but many people feel intimidated by such AR protestors.  If it should happen that some consumers get into a physical altercation with protestors, then that would indeed change the protestor’s case.  However we don’t think that was alleged in the case above.  But it’s just a matter of time.



  1. I must say that anyone who would believe HSUS have not done their home work. The hsus is only interested in stopping all pets and animals. It does nothing to help the shelter dogs or rescues. They do not rescue nor do they spend money on any animals that are seized. The local animal shelters do and most are put to sleep. They mostly target breeders of small breeds because they are easier to sell.

  2. Guess I don’t really understand why all this rescue group stuff is going on. I know for a fact that there are a lot of rescue groups that run around to kennels and buy puppies from them in order to sell them. But yet when we have contacted the same rescues to help with the animals from our local shelter, we are told that they are full up and can’t take any of the animals and that if they are due to be euthenized then they are sorry but they just can’t help. So what is the big hype with pet stores? Do they think if they get them closed down then breeders will have to sell to them only in order to move the puppies? If there is such a thing as a true animal rescue then I would like to know where as I don’t think there are. I think they are all out there trying to buy as many purebreed puppies as they can in order to line their own pockets. I definitely hope the pet store wins and maybe it will stop some of the crazies.

  3. I definitely hope the pet store win. I am a pet store owner and the same is happening to me so can relate. Good luck, God bless you

  4. People need to be made award of all that the HSUS and AR groups are doing to put a stop to the ownership of dogs/cats. The SPCA in America is the new frontier for HSUS. Their raids have already started in New Jersey on home owners. I don’t know why all pet shops are not going after AR groups under the Federal Law known as the Animal Enterprise Terrorism Act. It includes Pet Shops as well as breeders that have been damage. SUE! SUE! SUE! The pants off of these scoundrels, their liability insurance premiums will be so high, it will be their demise.

  5. Why all the pet stores are not going after H$U$ is because they can’t afford to do it. Petland is in the middle of the lawsuit in AZ and altho the court threw out the H$U$ “Plaintiff” first complaint in the case, they allowed them to file an amended complaint. We think that possibly half a million was required to get work done pre trial on H$U$’ end, so these cases are not usually affordable by most people or even businesses. (Remember, it was stated by CA legislator that it takes $400,000 to take down an alleged “mill” and no doubt, that info came from H$U$.)
    A pet store has the right to sell whatever is not illegal. And as far as we know, buying a commercial bred dog wholesale/selling it retail is not illegal.
    It is also not illegal to buy a commercial dog from an auction and then resell it and call it “rescue.” Small Paws buys 300 dogs/month/resells them, then has 800 volunteers, and makes a killing. and it’s a 501(c)(3) because they claim that by altering the dogs, it’s charitable. Small Paws on dog sales alone, brings in over $500,000, and their donations could be far, far higher. They were on Oprah, like all the other deception-team AR groups.

  6. Funny you mention AR groups making money by protesting, at least they’re not exploiting and torturing innocent animals to do so.
    And the reason why some believe we shouldn’t own cats and dogs is because humanity exploits, uses and destroys everything and everyone they get their hands on. Who are we to take control of everything on earth? Haven’t we screwed it up enough?

  7. HSUS, despite everyone’s personal feelings about them, is correct about pet shop puppies. As does the ASPCA….98-99% come from mass breeding kennels commonly known as puppy mills. If anyone gives a hoot about the breeding dogs inhumane life of isolation and mistreatment, then you would understand why these stores are protested. It’s not about the puppies; it’s about the parents. Much documentation and research has gone into this by many, many people who know the facts. These folks are not Animal Rights nuts…we are talking about dogs here. Ya know, “Man’s Best Friend”? This is not about going vegan or extreme ideologies. DOGS! Come on everybody!

  8. To understand this issue correctly, all one needs to do is to read the Arizona Federal lawsuit that HSUS filed for “Plaintiffs” they managed to gather, after they advertised for “Plaintiffs” who felt they got a bad deal on the pets they obtained. Out of 31 claimed legal issues, the Court dropped 29 and 2 remained.
    Buying a dog from Petland or any petstore does not necessarily mean it’s a bad dog or that the parent was housed substandard.
    If people really were concerned about where animals lived then they can teach responsibility and not group EVERY SINGLE “parent” dog into substandard housing, as if they knew where every single parent dog lived?
    Clearly if I showed you 10 photos of 10 bad minority parents, let’s pretend they were black or Hispanic–would that mean that every single black kid had parents like the 10 shown? Nope. Now that’s a farfetched radical way of saying just what you are saying, that “ALL” animals in a petstore come from the substandard housing like in your “pictures.” Just because HSUS and Best Friends says it, and just because they have “pictures” doesn’t prove anything to me. There are substandard in every conceivable business but that doesn’t mean ALL of anything is exactly like it.

  9. you have a point. but in general we are not fond of converting people by shoving lies down their throats.

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