Ban on sale of dogs, cats and rabbits by pet stores takes effect today in NY

New York State’s ban on the sale of dogs, cats and rabbits by pet stores takes effect today, after a Suffolk Supreme Court judge Friday ended a last-minute effort by pet store owners to block it.

Supreme Court Justice Frank Tinari late Friday afternoon signed orders denying injunctions in two lawsuits, including one filed by an Aquebogue pet store owner, brought to prevent the “Puppy Mill Pipeline Law” from taking effect today.  

Tinari ruled in both cases that the plaintiffs did not “meet their burden of demonstrating a likelihood of success on the merits” or that they would “suffer irreparable harm” without the injunctions they sought to block the law taking effect. The judge denied the injunctions and declined to rule on the plaintiffs’ claims that the law is unconstitutional, overbroad and arbitrary.

Four pet dealers, OMG Enterprises USA, American Kennels, Puppy Petite and Bronx Zoo-Rama filed suit against the state on Nov. 22.  

MORE COVERAGE:  Pet stores sue to block New York’s ‘Puppy Mill Pipeline’ law, set to take effect Dec. 15

The summons and complaint and other papers filed by the plaintiffs in that case were subsequently returned by the court for correction of errors, and re-filed on Dec. 3.

A second suit was filed on Nov. 27 by six pet dealers,  Lewin K-9 d/b/a The Puppy Experience, Citipups NYC, Westchester Puppies & Kittens, Manhattan Puppies & Kittens, Crosby Pet Center, Inc., and Best Quality Fence d/b/a  Pet City,  and the Pet Industry Joint Advisory Council d/b/a  Pet Advocacy Network.

Plaintiffs in both actions argued that they would suffer devastating economic loss and face closure of their businesses if the law were allowed to take effect.

In a sworn statement filed with the court, Puppy Experience owner Keith Lewin said the law will force his business “to shut down entirely,” and will result in loss of jobs for his employees and “the inability to care for the puppies currently in my possession.” 

Lewin said his Main Road, Aquebogue pet store is a state-licensed pet dealer and operates in compliance with all federal, state, county and local regulations. 

Lewin K-9 is one of the plaintiffs in two other pending lawsuits brought against the Town of Riverhead in 2021 seeking to overturn a town law adopted in October 2021 banning the sale of commercially bred dogs, cats and rabbits by pet dealers in the Town of Riverhead. A Suffolk County Supreme Court judge granted temporary restraining orders in those cases, preventing the town from enforcing the ban while the cases are litigated.  The passage of the “Puppy Mill Pipeline Law” by the State Legislature in June 2022 stalled progress on the actions challenging the town’s law, which would effectively be rendered irrelevant by the implementation of a statewide ban. They remain on the court calendar, hower, pending before the same judge that ruled in the cases against the state on Friday. 

The state attorney general’s office argued that the reasons for the new law —  to curb the “pipeline” from puppy mills to retail pet stores, to increase the adoption of shelter animals as “a more humane alternative,” and to protect consumers from the  tolls associated with the purchase of “unhealthy animals” — are “unquestionably legitimate.”

“The plaintiffs… have done nothing to alter their business models or otherwise prepare for the Statute to go into effect since it was enacted two years prior…now seek to invalidate the Statute on its face and prevent its enforcement on the eve of its December 15, 2024 effective date,” New York Attorney General Letitia James argued in her memorandum of law in opposition to the pet dealers’ applications for injunctive relief.

In ruling against the pet dealers, the judge noted the length of time between enactment of the law and the filing of the lawsuits.

The court also noted the time that has passed between the signing of the legislation and the filing of the instant action, waiting until just days before the law was to take effect to file the applications for injunctions. 

“As the plaintiffs have not met their burden of demonstrating a likelihood of success on the merits, or that it would suffer irreparable harm in the absence of a preliminary injunction, it is unnecessary to reach plaintiffs’ remaining contentions,” Tinari wrote, denying the applications.

The “Puppy Mill Pipeline Law” empowers the state attorney general’s office to bring actions for injunctions against alleged violators. Violations of the law are punishable by a civil penalty of up to $1,000 each.

The law allows retail pet shops to collaborate with nonprofit organizations, such as animal shelters and humane societies, to allow the organizations to showcase dogs, cats or rabbits owned by the organizations for the purpose of adoption. The law allows a retail pet shop to receive “a reasonable rental fee for space to showcase dogs, cats or rabbits for adoption” from a shelter or humane society.