Petland in North Dallas sues city over new ban on puppy, kitten sales

The one retailer in Dallas that sells puppies is difficult the town’s determination to ban the sale of cats and canines at pet shops.

Petland Dallas proprietor Jay Suk has mentioned the brand new ordinance, which was handed earlier this month, will power him out of enterprise.

On Tuesday, the North Dallas franchise’s firm, D&J Pets, filed a lawsuit in a Dallas County courtroom, alleging the ordinance discriminates in opposition to the shop and violates the Texas Structure. The corporate is in search of an injunction stopping the ordinance from going into impact and greater than $1 million in damages.

“The Pet Sale Ban irrationally discriminates solely in opposition to Mr. Suk’s pet retailer creating extreme financial hurt and additional eliminates the protected, clear and controlled sale of pets,” Petland mentioned in a information launch.

The town mentioned it couldn’t touch upon the pending litigation.

The ordinance is about to take impact in November, permitting a penalty of as much as $500 for violations. Dallas is the final main Texas metropolis to enact such a regulation, becoming a member of 5 states and greater than 400 localities, based on the Humane Society of the US.

Advocates say the ordinance will scale back assist for pet mills — locations that breed feminine canines at each alternative and preserve animals in small, soiled pens — and say federal rules aren’t sufficient to cease the observe.

Additionally they say the ban will defend clients from the emotional and monetary toll of spending hundreds of {dollars} on sick canines, and can as a substitute lead individuals to rescue teams, small-scale breeders and animal shelters which can be usually crammed past capability.

However the brand new lawsuit says the ordinance wouldn’t serve the federal government’s curiosity of stopping the sale of pets from “substandard breeders” as a result of the shop buys solely from federally regulated breeders with “excessive skilled requirements” that adjust to state and native legal guidelines.

Pet and kitten gross sales make up greater than 80% of proprietor Suk’s annual income, the lawsuit says. In 13 years of enterprise, the shop has bought greater than 15,000 canines and cats to about 12,000 Dallas households. The shop, which has 30 workers, additionally has contracts with its franchisor and clients that it says can be impaired.

The lawsuit additionally says the ordinance prevents the shop from competing in opposition to “substandard breeders” and doesn’t tackle the place puppies are sourced or how they’re handled.

The ordinance is “unreasonably burdensome” as a result of it’ll put the Dallas retailer out of enterprise and “irrationally discriminates” in opposition to that retailer whereas permitting people to promote puppies no matter how they’re bred, the lawsuit says.

Within the lawsuit, the shop says it has repeatedly supplied to debate its operation with council members and is able to discuss “commonsense” rules.

“Mr. Suk abides by all federal, state and native legal guidelines in connecting pets with without end households,” Elizabeth Kunzelman, Petland’s vice chairman of presidency relations, mentioned in a written assertion. “His enterprise is a robust ally within the struggle in opposition to pet mills and animal cruelty and deserves to maintain his doorways open.”

Earlier this month, Suk’s firm filed a defamation lawsuit in opposition to Lauren Loney, the Texas state director for the Humane Society. It alleges she made deceptive statements in regards to the retailer and seeks between $200,000 and $1 million in damages.

M. Carrie Allan, a Humane Society spokeswoman, mentioned the group was involved that lawsuit was “simply one other try by companies that revenue on the expense of puppies to silence animal advocates.”