Pet Stores+Puppy Selling+More

Despite the nonsensical ordinances popping up all over the USA re the sales of pets in pet stores–where “no pets can be sold which are not shelter or alleged rescued animals”, for example–we are happy to find that even the former San Diego Puppy store owner, who closed down his store and opened one in Oceanside/other locations— has been selling puppies at various stores.

The puppies are not from rescue or shelter sources, but are purportedly from hobby breeders. In some locations in So Cal,  the cities have allowed selling of animals other than just shelter/rescued, but limited the source of such animals to smaller breeders (which would not be considered ‘commercial’ breeders, which is what HSUS calls milled….) We also note that the sales of the puppies from the pet stores (even from hobby breeders) are quite expensive and are usually financed; many are mixed breeds and some are not, but they are nonetheless cute.

We also note that the AR protesters are now mad because they say they can’t regulate how good or bad the dogs are?  Ha ha too bad. They should stick to their rescued only dogs and try and force people to buy them—when customers simply don’t want to buy them. 

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IN Arizona, the governor confirmed legislation which now  prohibits a law which would eliminate sales of pets from commercial breeders. So now stores can sell pets that came from commercial kennels, even though some cities outlawed such sales, the State of AZ has overridden that.

Thus, any law in AZ which forbade sales of animals in stores from commercial breeders might have to be eliminated, or at least prohibited in the future. We were extremely happy to find that not all states believe in outlawing everything just because Animal Rights says they can control the sales of pets in pet stores?  (Many in the USA these days are just plain stupid and believe HSUS, ASPCA and HuffPost on everything.)

AND for overview of many cases involving animals in tort cases, including pet store litigation, including both San Diego and Arizona, see:

http://childsmccune.com/wp-content/uploads/2014/03/TIPS-50-2-Animal.pdf

http://childsmccune.com/wp-content/uploads/2014/03/TIPS-51-2-WINTER-2016_03AnimalLaw.pdf

I. Introduction……………………………………………………………….. 180

II. Animal Tort Law ……………………………………………………….. 180

A. Government and Humane Society Liability…………….. 180

B. Service/Emotional Support Animal Discrimination….. 183

C. Religious Discrimination ……………………………………….. 184

D. Pet Store Litigation ………………………………………………. 186

E. Dog Bite Liability …………………………………………………. 188

F. Nuisance ………………………………………………………………. 192

G. Custodial Torts …………………………………………………….. 192

H. Governmental Immunity—Horses ………………………….. 193

1. Mounted Police ………………………………………………… 193

2. Breeding Facilities—Stored Semen …………………….. 193

I. Equine Torts ………………………………………………………… 195

J. Equine Activity Liability Acts ………………………………… 197

III. Insurance Law ……………………………………………………………. 200

A. Workplace Injury—Horses and Llamas…………………… 200

B. Homeowner’s Insurance ………………………………………… 202

C. Automobile Insurance—Dog Bites in Cars ……………… 203

“In order to obtain a preliminary injunction, the court held that the plaintiffs must “establish that they are likely to succeed on the merits, they are likely to suffer irreparable harm in the absence of preliminary relief, the balance of equities tips in their favor, and an injunction is in the public interest.”76

“Noting that the “[p]laintiffs’ fear of prosecution under the Ordinance is not imaginary or speculative,” the court found their challenge to the ordinance to be sufficiently ripe.77

Submitting evidence that they did not purchase puppies from puppy mills, the plaintiffs claimed that they could not compete with animal shelters and that implementation of the ordinance would force them to go out of business.78 The court agreed that the ordinance would cause irreparable harm.79″

“The court also found that the balance of hardship tipped in the plaintiffs’ favor, weighing the loss of their business versus the city’s “inability to prosecute a business that is not supporting puppy mills.”80 Finally, the court found that the public interest “can be served in this case only by preserving the status quo while the serious questions raised by Plaintiffs’ complaint are resolved.”81

Our recollection of the last case (where store was not selling pets from “mills”), we believe the court still found that the law in question was not illegal as  applied to the constitutional claims by the Plaintiffs, so even though the Plaintiffs did not win the case in the end at the trial level, they have appealed to the federal appellate court, Docket # 15-16669.

To be fair, we note that P. Strand from AKC and PIJAC were involved in this pet store case that was appealed, and as of today, it appears there is a mediation conference in mid July 2016 on the appealed case.  Our hope would be that either the appeal would be won, or that a settlement is obtained which still allows stores to sell commercial kennel animals.

If that does not happen, what could transpire would be that HSUS and their ilk would simply keep the runaway train going, which would then be applied to  stopping  sales of animals generally, by anyone.

In other words, if HSUS decides to get ARs to keep chanting it’s illegal to EVER sell an animal of ANY type a la PETA style— (starting with cats/dogs/birds/reptiles) in any place (store, home, kennel, breeder,etc) then obviously— they would have to do it incrementally.  And that is exactly what they are NOW doing, and have been trying to do, for the past 6 years— or more………TELL EVERYONE YOU KNOW..THIS IS NOT JUST ONE LAW FOR SOME ANIMALS. THESE EFFORTS ARE DESIGNED TO STOP BREEDING/SALES OF ALL PETS/ANIMALS, EVEN IF ANIMAL ACTIVIST CLAIM OTHERWISE.

 

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AZ government then did this:

PHOENIX – Saying they’re protecting legitimate businesses, state legislators voted Thursday to block cities from banning pet stores from selling animals they get from commercial breeders.

In other words, AZ doesn’t believe that just because an animal came from a “commercial” kennel doesn’t mean the animal cannot be sold. AMEN !!!!! 

 

 

 

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