Pet shop operations must pivot under new NY law, but LI lawsuit has set up court challenge
A looming deadline for shops statewide to stop selling dogs, cat and rabbits has created battle lines on Long Island, with some arguing the measure will protect animals and others saying it will fail to prevent puppy mills while crippling their businesses.
Gov. Kathy Hochul signed the bill, known as the Puppy Mill Pipeline Act, in 2022 and it goes into effect Dec. 15.
The law — designed to clamp down on abusive breeders and close the puppy mill to pet shop 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.
While a new lawsuit seeks to block the law, pet shops on Long Island and across the state and that sell the live animals are either preparing to shut their doors or are adjusting their business models.
Citing financial challenges, some pet stores said the law will force them to immediately shutter their operations. Other business owners say they've made moves to adapt to the changing times.
The Puppy Experience in Aquebogue, which has been selling furry K-9 companions to families on the East End for 15 years, expects to shut its doors next month and lay off its five employees because of the law change, according to store manager Jenna Rausch.
"We pay over $6,000 a month in rent here," said Rausch, who contends lawmakers should focus on regulating irresponsible breeders.
"I can't pay employees and make that type of money selling supplies. So, we’re preparing to close down and are reducing our inventory," added Rausch, who explained while speaking of financial challenges that she is a single mother who has lupus.
The Puppy Experience and several other East End pet stores have faced protests in recent years from animal welfare activists questioning the health of the animals in the businesses. Rausch said she only purchases animals from licensed and reputable breeders.
On Monday, Northport attorney Jonathan Gill, who represents four pet stores, including two on Long Island, filed a lawsuit against Hochul, challenging the constitutionality of the retail pet store ban. The lawsuit, filed in State Supreme Court in Suffolk County, seeks an emergency injunction that would block the law from going into effect.
"The retail sales ban would drive the plaintiffs out of business and destroy an entire New York industry," the lawsuit states. "It would deprive New York families of their choice on where they get their companion animals and steer them to the municipally run animal shelter systems."
Gill represents American Kennels Inc. in Bellmore and OMG Enterprises USA LLC in West Hills, both of which sell dogs and puppies, along with shops in Brooklyn and the Bronx. The lawsuit says they'll all be forced to close if the law goes into effect. Many, the attorney said, are stuck in long-term lease agreements their landlords have refused to break.
"We believe this is going to put the pet store owners who have run legitimate businesses for decades out of business," Gill said in an interview. "And the law does not accomplish what its goal is, which is to shut down puppy mills."
A Hochul spokesman declined to comment, citing the pending litigation.
Libby Post, executive director of the Albany-based New York State Animal Protection Federation, which lobbied in favor of the new legislation, said while some shops will close, others will get creative in finding new revenue.
She pointed to national data showing only 2% of the roughly $180 billion spent annually on household animals is directed to the sale of live animals at pet stores.
"Most of it is spent on food, bedding, silly Halloween costumes and all the rest of the stuff that you have to spend to be a responsible pet owner," Post said in an interview.
Smithtown resident Julian Perera, 36, who co-owns Central Park Puppies with his wife, said he saw the tide turning against brick-and-mortar puppy shops more than four years ago and decided to close their Yonkers pet shop.
Now Central Park Puppies operates as an online-based pet broker business with administrative offices in Hauppauge, according to Perera. The move, he said, allows the business to be in compliance with the law while letting customers purchase animals directly from breeders.
The business, he said, works with families interested in buying a puppy by arranging the sale and then transportation of the animal through a third party from a licensed breeder's location to its new home.
"We don’t take possession of the puppy and we don’t bring it to a new facility like a pet store," said Perrera, who agrees with the law change and thinks it will improve the health of animals. "We go directly from the breeder to their new home ... It allows us to focus more on the oversight and making sure that the breeders are taking care of the animals and putting in more stringent protocols and requirements."
Southampton resident Paul Robinson, 78, who previously has bought dogs from pet shops and breeders and adopted one from a shelter, criticized the legislation as government overreach during a recent visit to The Puppy Experience.
"I find it troubling that big government is telling me what I can do and what I can't do," Robinson said. "... When it comes to the selection of a pet for my grandchildren, I just don't think that's appropriate."
Bill critic Assemb. Jodi Giglio (R-Riverhead) said she’s asked Hochul to delay implementation of the law. She said in an interview the bill is "catastrophically misguided" and will "fuel" the puppy mill industry, creating an underground online market for pets from untrustworthy and unlicensed breeders.
"There’s a lot of people that are going to be hurt by this legislation," said Giglio, who has three pet stores in her district that all told her they'll be forced to close because of the law change. "And it’s not going to fix the problem."
Roy Gross, Suffolk County SPCA president, said the "horrors" of puppy mills, often located in Pennsylvania and the Midwest, forced New York's state lawmakers to take action.
"It’s just horrible situations that these animals are raised in," Gross said. "They're just there to breed. There’s no socialization. I've seen videos of them being washed in ice cold water and being stitched up with rope when they give birth. It’s just unimaginable."
Once the law goes into effect, retail pet stores no longer will be licensed by the New York State Department of Agriculture and Markets as "pet dealers," an agency spokeswoman said.
Businesses that continue selling pets could face penalties of up to $1,000 per violation from the Office of State Attorney General Letitia James.
Last week, James’ office sent letters to pet stores statewide reminding them of the upcoming deadline and warning them not to have any animals for sale after Dec. 15.
In December 2021, James filed suit against Shake A Paw, a pet store with locations in Hicksville and Lynbrook, alleging they sold seriously ill puppies, many that died within weeks.
In March, Shake A Paw reached a settlement to pay $300,000 in restitution to nearly 200 customers who claimed the business sold them critically ill puppies with congenital defects consistent with animals purchased from puppy mills. Shake A Paw said the agreement provided no admission of wrongdoing, Newsday previously reported.
Business owner Marc Jacobs didn't respond to requests for comment about whether the stores will close.
The law change comes during a time when many families may purchase a four-legged friend for the holidays.
Gary Rogers, Nassau County SPCA board President, said Long Islanders should consider adopting from shelters or rescue organizations or visiting a licensed breeder directly if they’re shopping for a specific dog breed.
"You have to do your due diligence," Rogers said. "You’re bringing a pet into your home for hopefully 15 years. And you want to make sure you don't bring a dog in or cat ... that's going to have some issues later on in life."
With Shari Einhorn
A looming deadline for shops statewide to stop selling dogs, cat and rabbits has created battle lines on Long Island, with some arguing the measure will protect animals and others saying it will fail to prevent puppy mills while crippling their businesses.
Gov. Kathy Hochul signed the bill, known as the Puppy Mill Pipeline Act, in 2022 and it goes into effect Dec. 15.
The law — designed to clamp down on abusive breeders and close the puppy mill to pet shop 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.
While a new lawsuit seeks to block the law, pet shops on Long Island and across the state and that sell the live animals are either preparing to shut their doors or are adjusting their business models.
WHAT NEWSDAY FOUND
- Some Long Island pet shops said an upcoming ban on selling dogs, cats and rabbits will force them to close their doors and lay off employees as most their revenue comes from animal sales.
- Other pet businesses have adapted their models to fit the new law, which is aimed at stopping the pipeline to pet shops from puppy mills, where animal advocates say conditions are deplorable.
- Four pet shops, including two on Long Island, have filed a lawsuit against Gov. Kathy Hochul that seeks to halt the law from going into effect on Dec. 15.
Citing financial challenges, some pet stores said the law will force them to immediately shutter their operations. Other business owners say they've made moves to adapt to the changing times.
The Puppy Experience in Aquebogue, which has been selling furry K-9 companions to families on the East End for 15 years, expects to shut its doors next month and lay off its five employees because of the law change, according to store manager Jenna Rausch.
"We pay over $6,000 a month in rent here," said Rausch, who contends lawmakers should focus on regulating irresponsible breeders.
"I can't pay employees and make that type of money selling supplies. So, we’re preparing to close down and are reducing our inventory," added Rausch, who explained while speaking of financial challenges that she is a single mother who has lupus.
The Puppy Experience and several other East End pet stores have faced protests in recent years from animal welfare activists questioning the health of the animals in the businesses. Rausch said she only purchases animals from licensed and reputable breeders.
Legal challenge
On Monday, Northport attorney Jonathan Gill, who represents four pet stores, including two on Long Island, filed a lawsuit against Hochul, challenging the constitutionality of the retail pet store ban. The lawsuit, filed in State Supreme Court in Suffolk County, seeks an emergency injunction that would block the law from going into effect.
"The retail sales ban would drive the plaintiffs out of business and destroy an entire New York industry," the lawsuit states. "It would deprive New York families of their choice on where they get their companion animals and steer them to the municipally run animal shelter systems."
Gill represents American Kennels Inc. in Bellmore and OMG Enterprises USA LLC in West Hills, both of which sell dogs and puppies, along with shops in Brooklyn and the Bronx. The lawsuit says they'll all be forced to close if the law goes into effect. Many, the attorney said, are stuck in long-term lease agreements their landlords have refused to break.
"We believe this is going to put the pet store owners who have run legitimate businesses for decades out of business," Gill said in an interview. "And the law does not accomplish what its goal is, which is to shut down puppy mills."
A Hochul spokesman declined to comment, citing the pending litigation.
Business pivots
Libby Post, executive director of the Albany-based New York State Animal Protection Federation, which lobbied in favor of the new legislation, said while some shops will close, others will get creative in finding new revenue.
She pointed to national data showing only 2% of the roughly $180 billion spent annually on household animals is directed to the sale of live animals at pet stores.
"Most of it is spent on food, bedding, silly Halloween costumes and all the rest of the stuff that you have to spend to be a responsible pet owner," Post said in an interview.
Smithtown resident Julian Perera, 36, who co-owns Central Park Puppies with his wife, said he saw the tide turning against brick-and-mortar puppy shops more than four years ago and decided to close their Yonkers pet shop.
Now Central Park Puppies operates as an online-based pet broker business with administrative offices in Hauppauge, according to Perera. The move, he said, allows the business to be in compliance with the law while letting customers purchase animals directly from breeders.
The business, he said, works with families interested in buying a puppy by arranging the sale and then transportation of the animal through a third party from a licensed breeder's location to its new home.
"We don’t take possession of the puppy and we don’t bring it to a new facility like a pet store," said Perrera, who agrees with the law change and thinks it will improve the health of animals. "We go directly from the breeder to their new home ... It allows us to focus more on the oversight and making sure that the breeders are taking care of the animals and putting in more stringent protocols and requirements."
Mill conditions 'unimaginable'
Southampton resident Paul Robinson, 78, who previously has bought dogs from pet shops and breeders and adopted one from a shelter, criticized the legislation as government overreach during a recent visit to The Puppy Experience.
"I find it troubling that big government is telling me what I can do and what I can't do," Robinson said. "... When it comes to the selection of a pet for my grandchildren, I just don't think that's appropriate."
Bill critic Assemb. Jodi Giglio (R-Riverhead) said she’s asked Hochul to delay implementation of the law. She said in an interview the bill is "catastrophically misguided" and will "fuel" the puppy mill industry, creating an underground online market for pets from untrustworthy and unlicensed breeders.
"There’s a lot of people that are going to be hurt by this legislation," said Giglio, who has three pet stores in her district that all told her they'll be forced to close because of the law change. "And it’s not going to fix the problem."
Roy Gross, Suffolk County SPCA president, said the "horrors" of puppy mills, often located in Pennsylvania and the Midwest, forced New York's state lawmakers to take action.
"It’s just horrible situations that these animals are raised in," Gross said. "They're just there to breed. There’s no socialization. I've seen videos of them being washed in ice cold water and being stitched up with rope when they give birth. It’s just unimaginable."
Fines for violators
Once the law goes into effect, retail pet stores no longer will be licensed by the New York State Department of Agriculture and Markets as "pet dealers," an agency spokeswoman said.
Businesses that continue selling pets could face penalties of up to $1,000 per violation from the Office of State Attorney General Letitia James.
Last week, James’ office sent letters to pet stores statewide reminding them of the upcoming deadline and warning them not to have any animals for sale after Dec. 15.
In December 2021, James filed suit against Shake A Paw, a pet store with locations in Hicksville and Lynbrook, alleging they sold seriously ill puppies, many that died within weeks.
In March, Shake A Paw reached a settlement to pay $300,000 in restitution to nearly 200 customers who claimed the business sold them critically ill puppies with congenital defects consistent with animals purchased from puppy mills. Shake A Paw said the agreement provided no admission of wrongdoing, Newsday previously reported.
Business owner Marc Jacobs didn't respond to requests for comment about whether the stores will close.
The law change comes during a time when many families may purchase a four-legged friend for the holidays.
Gary Rogers, Nassau County SPCA board President, said Long Islanders should consider adopting from shelters or rescue organizations or visiting a licensed breeder directly if they’re shopping for a specific dog breed.
"You have to do your due diligence," Rogers said. "You’re bringing a pet into your home for hopefully 15 years. And you want to make sure you don't bring a dog in or cat ... that's going to have some issues later on in life."
With Shari Einhorn
Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.
Updated 13 minutes ago LI shoppers out looking for deals ... New pet shop law ... Visit a Christmas tree farm ... What to do with leftovers
Updated 13 minutes ago LI shoppers out looking for deals ... New pet shop law ... Visit a Christmas tree farm ... What to do with leftovers
