Are So Cal “Pet sale” Bans Legal? We Doubt It

HSUS has already TRIED to sue Petland and the Hunte Corporation in Arizona re alleged “mills” and etc, and what happened?  HSUS’ case was thrown out.  You don’t remember it?  Here is the sample:
Aug 07 2009

HSUS Lawsuit Against Petland: Dismissed in its Entirety (the first time)    http://www.humanewatch.org/images/uploads/2010-01-26_PETLAND_lawsuit_dismissal_1.pdf

In March 2009, a group of plaintiffs organized by the Humane Society of the United States filed a class-action lawsuit against the Petland pet-store chain and one of its pet suppliers (The Hunte corporation), alleging that Petland had orchestrated a scheme to defraud its customers by selling sick puppies that were raised in “puppy mills” and other environments where veterinary illnesses are pervasive.   Part of the complaint, which was drafted by HSUS lawyers, alleged violations of the RICO statute (racketeering).   In August of that same year, a federal judge in Arizona dismissed the entire lawsuit, but allowed the plaintiffs an opportunity to re-file the case. This document is the order granting the defendants’ motion for dismissal.  The case was later re-filed and most of its claims were dismissed a second time.

Opinion: Pet shop bans are bad for business — and for puppies and kitties

POSTED: 10/08/12, 9:00 PM PDT |

LA Daily News

The members of the Los Angeles City Council like to portray themselves as supporters of business. And they like to publicly support any project that brings jobs to the city — at least jobs they like, such as unionized solar power companies or unionized housing construction jobs or unionized grocery workers.

However, if the jobs happens business that council members find personally or politically abhorrent — like those at the proposed Wal-Mart in Chinatown — not only will they not support them, they will go on the attack.

The proposal before the City Council this month to clamp down on pet stores is such a case. The ordinance would prohibit pet stores from selling dogs, cats or rabbits unless the animals came from non-profit organizations or the city’s animal shelters. The reasoning is that without the competition of commercial pet stores, people interested in a specific breed would turn to the city’s animal shelters and fewer animals would be euthanized. Further, it is hoped that the ban would cut down on the use of “puppy mills.”

Nice fantasy, but more likely such restrictions would have the opposite effect. People who want a, say, Welch Corgi or Shih Tzu will turn to private breeders outside of the city. Or they will look to underground animal sellers — which would actually increase the market for “puppy mills.”

Meanwhile, this ordinance would mean legitimate businesses that have actual paid jobs within the city will shut down — 11 stores with 60 jobs.

It should not be a surprise that the proposal is the effort of Councilman Paul Koretz, a former member of the West Hollywood City Council. That’s the small L.A. city that has taken a number of extreme animal-related stands such as banning the sale of fur and the declawing of cats, and the law that changed the definition of dog from property to companion.

Saving the lives of the thousands of discarded and unwanted domestic animals is a noble goal. But Koretz’s ordinance not only won’t do that, it could make the problem worse while cementing the city’s reputation as a business-killer. The city would be wise to work with pet shop owners and craft rules that would ensure they get their Boxers or Siamese cats or other purebred pets from reputable breeders that produce healthy animals in humane surroundings.

— Opinion page staff

What do all of these listed articles  —> have in common?  Puppy mill ban gets tentative thumbs up in LA | abc7.com     Puppy mills: L.A. council to vote on proposed ban for pet stores …     Puppy Mills: L.A. City Council Votes to Ban Stores From Selling Non …    Pet Sales Ban For Local Retailers Passes L.A. City Council – Los …Last Chance for Animals – Ban Puppy Mills     LA Nears Ban on Sale of Kitten and Puppy Mill Pets by Shops | Life …    LA to Ban Sale of Dogs and Cats from Commercial Breeders | Ecorazzi   LA City Council approves motion to ban sales of animals from puppy …   SCIL – Social Compassion in Legislation   Pet Shop Sales From Breeders—L.A. Nears Ban! | PETA.org   LA to become largest city to ban shops from selling puppy mill pets   Puppy mills: LA council to vote on proposed ban for pet storesLA council votes to ban stores from selling non-rescue dogs, cats     Burbank to draft pet store ban – but Peggy Wood’s will still sell dogs   LA to Ban Sale of Dogs and Cats from Commercial Breeders    City should ban sale of mill-bred pets   Pet Store Sales Ban Proposed in LA

—————————————————————————–

None of these articles above,  discuss the legality of shutting off the sale of pets, or forcing places to sell rescued/rehomed/shelter animals, or anything else.

Even if there were people in violation of running a substandard kennel– somewhere in the United States,  and even if there were animals that got sent out to pet stores, the pet stores themselves guarantee what they sell. So just because anyone purportedly takes pictures of an alleged substandard kennel is certainly not evidence that a puppy bought anywhere in the USA is  bad or defective, and it would certainly not mean that a store could not sell animals. But even worse, is the MANDATE by the ordinances, that ONLY rescue/shelter/non profit animals CAN BE SOLD.

We really don’t see a legal connection between selling something that is from a non profit vs an entity which is  NOT a non profit; and we do not see legally how a non profit SELLING an animal in a city that has mandatory altering makes any difference?  by insisting that NO ONE SELL– or buy—- an animal BECAUSE it did, or may have come from a legally sanctioned commercial kennel– we fail to see how this is an issue with a legal ramification?

The only point of the entire sales ban appears to be forcing people to buy rehomed animals.  We just do not find nor see any legal reason why an ordinance MANDATING the purchase of ONLY animals from shelters/rescue/non profit can legally have any basis.

SO IF ANY ATTORNEYS OUT THERE THINK THEY CAN PROVE THIS LAW IS LEGAL BY ALL MEANS PLEASE CONTACT US BY USING THE COMMENT SECTION…ALL COMMENTS ARE VETTED AND WE WILL NOT PUBLISH THEM UNLESS YOU WOULD LIKE US TO DO SO. We have not seen one attorney yet say that this law is valid.

  1. Jul 9, 2013 – The San Diego City Council tentatively voted today to ban the retail sale of dogs, cats and rabbits in pet stores and other commercial establishments in the city. law enforcement, code compliance officials or other city employees. The owner of the one establishment that will be most affected, David Salinas 

  2. San Diego Passes Major Pet Store Ordinance – Small Animal Channel

    http://www.smallanimalchannel.com/…/sandiego-approves-storepet-sale-ban….

    Jul 11, 2013 – San Diego Approves Store Pet Sale Ban  When the law goes into effect, pet stores will be required to possess certificates identifying where 

  3. Attorney C Chan Will Help SD Pet Store Owner Pro Bono | Pet 

    petdefense.wordpress.com/…/petstoreowner-fights-illegallaw-re-sales-…

    3 days ago – SAN DIEGO – A pet store owner who refuses to follow a recently passed city law is in  San Diego Puppy now also has a store in Oceanside.

  4. Pet Store Fighting Back Against New Puppy Mill Laws – Yahoo! News

    news.yahoo.com/video/petstore-fighting-back-against-143106366.html

    Fri, Sep 6, 2013 1:47 KSWB – San Diego. A pet store owner who refuses to follow a recently passed city law is in trouble with animal control officers. Click to view 

  5. Companion Animal Protection Society – Investigation of Puppy Mills 

    Summary: SAN DIEGO – A pet store owner who refuses to follow a recently passed city law is in trouble with animal control officers. David Salinas, CEO of San 

  6. San Diego Pet Store Ban: Dogs, Cats, Rabbits Sales Illegal In 30 Days

    http://www.inquisitr.com/…/sandiegopetstore-ban-dogs-cats-rabbits-…

    Jul 11, 2013 – COMMENTARY — A San Diego pet store ban is making waves after the  second largest city in California to ban the legal sale of dogs, cats, 

 

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