Can HSUS or cities Outlaw “Petland” Franchises??? By no “PM” Commercial Kennel Sales?

Now that’s one thing we have not seen exactly.

ALL or nearly all of Petland’s franchise pet stores obtain their animals (pups) from commercial kennels, but we are not sure if they “have” to do so as a franchisee. In any event, even though HSUS mounted a case suing a Petland store where the employees allegedly claimed the pets were whatever, it is doubtful that HSUS won anything because HSUS was trying to gain owners who were not happy with their pets purchased from Petland.  That essentially didn’t go over very well in court.  Basically because there is no proof that all of any of the animals were substandard, etc, or sick.  So then HSUS lights a fire under the “PM” coalition groups back east and in san diego, and pushes them to file ordinance laws outlawing sales of animals in stores. That is, if they may have come from a large breeder, commercial breeder, and the like.  Back east, laws started springing up claiming that a pet store MUST ONLY sell rescued animals.

We already know that if in fact, anyone tried to take down all of the Petland franchises, they know it would be a losing proposition legally. SO then they just focus on the mom/pop individual stores. But we believe that when taken as a whole, such as in Wickard v Filburn, the court considered that the aggregate totality of every little farmer saving extra wheat would add up to a lot of wheat and that would violate the commerce clause.

Petland being taken down by activists requires ARs to take down one store at a time, such as they did in Sacramento, CA, by protesting so much in front, so many signs, so many costumes, over and over and over that the owners finally just gave up.  But if the owners had not given up, and obtained a TRO (it would depend on the exact location since if it was in a huge mall, the rules are different for protesting) — the result might have been different. Stores located in small strip malls are not subject for most part, to the Pruneyard and subsequent cases involving large malls.  And the San Diego case of Mr. Salinas was in a very small strip mall, and the protesters would not be allowed directly in front of the doors.

But we already know that as a national franchise, Petland is not going to be bullied out of business, nor is the Hunte Corporation, like it or not.

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