U.S. court rejects bid to overturn NYC law on sale of dogs, cats

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By Jonathan Stempel | NEW YORK

NEW YORK A federal appeals court on Thursday
rejected a bid to overturn a New York City law imposing tough
restrictions on the sale of dogs and cats.

The 2015 law said pet shops could only obtain dogs and cats
from federally licensed breeders with clean recent animal
welfare records, and could not sell dogs and cats at least eight
weeks old and weighing two pounds unless they were sterilized.

The New York Pet Welfare Association, a group representing
pet shops, dog breeders and veterinarians, sued to block the
law, fearing it could force many members out of business.

It said the law unconstitutionally burdened commerce by
favoring in-state animal rescuers and shelters over out-of-state
breeders, and was pre-empted by state veterinary medicine laws.

But the 2nd U.S. Circuit Court of Appeals disagreed, saying
the interstate market “will have every incentive to meet demand”
from pet shops needing to import puppies, while the
spay-and-neuter requirement did not conflict with state law.

New York City had argued that the law would help insure that
consumers bought pets that were healthy and raised humanely. Its
dog and cat population was estimated at 1.1 million in 2012.

“The sourcing and spay/neuter laws address problems of
significant importance to the city and its residents,” Judge
Edward Korman wrote. “It appears that the city has enforced them
for more than a year, with no apparent ill effects.”

Jeffrey Pollock, a lawyer at Fox Rothschild representing the
pet welfare group, said: “We respectfully disagree with the
decision, and are discussing whether to appeal with our client.”

Nick Paolucci, a spokesman for the city’s law department,
said in an email: “We are pleased that the court upheld this
common sense legislation, which helps ensure that cats and dogs
are humanely sourced and that consumers can make informed
choices when bringing pets into their homes.”

The decision on Thursday upheld an October 2015 ruling by
U.S. District Judge John Gleeson in Brooklyn, who has since left
the bench. Korman normally sits on the Brooklyn court.

The case is New York Pet Welfare Association Inc v City of
New York et al, 2nd U.S. Circuit Court of Appeals, No. 15-4013.

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