Pet stores running out of time in fight of New York's animal sale ban
An 11th hour bid to halt a statewide ban on pet stores from selling dogs, cats and rabbits — set to go into effect on Sunday — could come down to a pair of lawsuits under consideration in Suffolk County.
The suits challenge the constitutionality of the legislation, known as the Puppy Mill Pipeline Act, and were collectively filed on behalf of 10 pet stores — three on Long Island, all of whom have said they'll be forced to close if the law moves forward.
Suffolk State Supreme Court Justice Frank Tinari gave Northport attorney Jonathan Gill, who represents four pet stores — including American Kennels Inc. in Bellmore and OMG Enterprises USA LLC in West Hills — until Wednesday to submit documentation in support of his request for an emergency injunction blocking the law from going into effect. It wasn’t immediately clear Wednesday night if the documents were filed.
"We can demonstrate that the law is not rationally related to its end goals, so therefore it is unconstitutional," Gill said in an interview Wednesday, adding that the measure unfairly targets pet stores. "It violates the Due Process and Equal Protection clauses of the New York State Constitution."
Gill has said his clients earn at least 90% of their revenue from the sale of puppies and would all be forced to shut down if the law went into effect.
The New York State Attorney General's Office, which will enforce the pet store ban, submitted 16 exhibits, memorandums and affidavits late Wednesday in support of the law proceeding on schedule, court records said.
During a Dec. 5 court hearing on Gill's lawsuit, Patricia Hingerton, an assistant attorney general, said the legislation is intended to "curb the market that was available for so-called puppy mills — breeders who are employing unethical, cruel and inhumane practices in regards to the animals that they sell" and to increase shelter adoptions.
"Puppy mills tend to sell to retail pet stores, and by shutting down this pipeline, you will be alleviating the problem," Hingerton said, according to a hearing transcript.
The law — designed to clamp down on abusive breeders and close the pipeline — halts the sale of most household pets but allows retail stores to continue selling animal supplies and to charge rescue organizations to use their space for pet adoptions.
Gov. Kathy Hochul signed the bill in 2022, giving pet stores two years to prepare for the law to go into effect.
Businesses that continue selling pets could face penalties of up to $1,000 per violation.
In a separate case, also being heard in Tinari's Riverhead courtroom, the Pet Advocacy Network, an advocacy group representing pet stores nationwide, is also seeking an injunction to block the bill from taking effect, records show.
The Virginia-based group is joined in the suit by six New York pet shops, including The Puppy Experience in Aquebogue. Tinari gave both sides in that case until Friday to submit documentation supporting their arguments.
"We have concerns about whether pet sale bans are an appropriate vehicle for addressing animal welfare," said Mike Bober, chief executive of the Pet Advocacy Network, in an interview. "And we're concerned about … setting up a situation in which there is an interested entity — in this case, shelters and rescues — that are being given preferential treatment over what is essentially a competitor."
During the Dec. 5 hearing, Gill stressed that the legislation would have unintended consequences — potentially driving consumers to purchase puppies from unlicensed breeders found online.
California passed a similar pet store ban in 2017 and in the subsequent 2½ years, puppy scams reported to the Better Business Bureau rose by 350%, records show.
Meanwhile, dozens of pet shop employees, Gill said, will be left unemployed if the bill goes into effect, while some stores are locked into commercial leases with landlords who are unwilling to break the agreements.
"These pet stores," Gill said at the hearing, "will face complete financial ruin if this law goes into effect."
An 11th hour bid to halt a statewide ban on pet stores from selling dogs, cats and rabbits — set to go into effect on Sunday — could come down to a pair of lawsuits under consideration in Suffolk County.
The suits challenge the constitutionality of the legislation, known as the Puppy Mill Pipeline Act, and were collectively filed on behalf of 10 pet stores — three on Long Island, all of whom have said they'll be forced to close if the law moves forward.
Suffolk State Supreme Court Justice Frank Tinari gave Northport attorney Jonathan Gill, who represents four pet stores — including American Kennels Inc. in Bellmore and OMG Enterprises USA LLC in West Hills — until Wednesday to submit documentation in support of his request for an emergency injunction blocking the law from going into effect. It wasn’t immediately clear Wednesday night if the documents were filed.
"We can demonstrate that the law is not rationally related to its end goals, so therefore it is unconstitutional," Gill said in an interview Wednesday, adding that the measure unfairly targets pet stores. "It violates the Due Process and Equal Protection clauses of the New York State Constitution."
Gill has said his clients earn at least 90% of their revenue from the sale of puppies and would all be forced to shut down if the law went into effect.
The New York State Attorney General's Office, which will enforce the pet store ban, submitted 16 exhibits, memorandums and affidavits late Wednesday in support of the law proceeding on schedule, court records said.
During a Dec. 5 court hearing on Gill's lawsuit, Patricia Hingerton, an assistant attorney general, said the legislation is intended to "curb the market that was available for so-called puppy mills — breeders who are employing unethical, cruel and inhumane practices in regards to the animals that they sell" and to increase shelter adoptions.
"Puppy mills tend to sell to retail pet stores, and by shutting down this pipeline, you will be alleviating the problem," Hingerton said, according to a hearing transcript.
The law — designed to clamp down on abusive breeders and close the pipeline — halts the sale of most household pets but allows retail stores to continue selling animal supplies and to charge rescue organizations to use their space for pet adoptions.
Gov. Kathy Hochul signed the bill in 2022, giving pet stores two years to prepare for the law to go into effect.
Businesses that continue selling pets could face penalties of up to $1,000 per violation.
In a separate case, also being heard in Tinari's Riverhead courtroom, the Pet Advocacy Network, an advocacy group representing pet stores nationwide, is also seeking an injunction to block the bill from taking effect, records show.
Alice, a 5-month-old Maltipoo, at The Puppy Experience in Aquebogue, in November. Credit: Newsday/Alejandra Villa Loarca
The Virginia-based group is joined in the suit by six New York pet shops, including The Puppy Experience in Aquebogue. Tinari gave both sides in that case until Friday to submit documentation supporting their arguments.
"We have concerns about whether pet sale bans are an appropriate vehicle for addressing animal welfare," said Mike Bober, chief executive of the Pet Advocacy Network, in an interview. "And we're concerned about … setting up a situation in which there is an interested entity — in this case, shelters and rescues — that are being given preferential treatment over what is essentially a competitor."
During the Dec. 5 hearing, Gill stressed that the legislation would have unintended consequences — potentially driving consumers to purchase puppies from unlicensed breeders found online.
California passed a similar pet store ban in 2017 and in the subsequent 2½ years, puppy scams reported to the Better Business Bureau rose by 350%, records show.
Meanwhile, dozens of pet shop employees, Gill said, will be left unemployed if the bill goes into effect, while some stores are locked into commercial leases with landlords who are unwilling to break the agreements.
"These pet stores," Gill said at the hearing, "will face complete financial ruin if this law goes into effect."
Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.
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