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A group of Maryland pet stores have filed a class action lawsuit against state officials over claims that an approaching ban on selling cats and dogs in retail locations is unconstitutional.
The pet sale class action lawsuit was filed by Just Puppies Inc., Charm City Puppies & Boutique, Today’s Pet, 2 Mile Kennel, and Pinnacle Pet.
The puppy retailers claim that although the law was intended to protect animals, it will actually increase unregulated sales of pets, to the detriment of pet owners and the pets themselves.
The pet sellers say that the new law, set to take effect on Jan. 1, 2020, violates the U.S. Constitution and Maryland’s Declaration of Rights.
According to Just Puppies and the other pet retailers, the law intends to eliminate puppy mills by preventing pet stores from selling dogs and cats in retail stores. However, Just Puppies and Charm City claim that most pet stores purchase their pets from reputable and licensed breeders.
The Maryland pet sale ban class action lawsuit says that most USDA-licensed breeders do not sell directly to customers, and only sell through pet stores, and this move would cut into their business.
The pet stores claim that they would go out of business because of the ban, even though they comply with existing regulations that ensure the welfare of the animals and protect the interests of customers.
Just Puppies’ Maryland class action lawsuit goes on to note that to receive licensure, breeders in Maryland must meet certain standards for welfare and health of their animals. These regulations also allegedly serve to protect pet owners, because they prohibit the sale of animals who have been stolen. Additionally, it further protects owners who wish to verify the health and pedigree of their dogs.
The No More Puppy Mills law class action lawsuit goes on to say that by banning the sale of cats and dogs in retail stores, the market for these pets would shift into spaces in which un-licensed breeders dominate.
Just Puppies and the other pet retailers say that per legislation passed in 2012, pet retailers must provide a written records of breeders and dealers of pets sold in-store, including the state in which the breeder or dealer of the dog is located, as well as their USDA license number, information which is required to be posted on each dog’s cage in an easy-to-see location.
This is allegedly among a number of other regulations pet store owners must comply with. In contrast, pet sellers who do not sell through stores are not subjected to the same regulations.
For instance, many pets are reportedly sold online or via newspaper by sellers who do not meet the requirements of the state. Allegedly, many hobby breeders sell dogs, but do not comply with regulation, and breed dogs in poor conditions.
What do you think of Maryland’s new ban on selling pets in retail locations? Let us know in the comment section below.
The pet retailers are represented by Jonathan P. Kagan, Stephen B. Stern, and Meagan C. Borgerson of Kagan Stern Marinello & Beard LLC.
The Maryland Pet Retail Sale Class Action Lawsuit is Just Puppies Inc., et al. v. Brian E. Frosh Maryland Attorney General, et al., Case No. 1:19-cv-02439-ELH, in the U.S. District Court for the District of Maryland, Northern Division.
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