November 3, 2024

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Pet store chain files lawsuit against Lexington over ordinance

Pet store chain files lawsuit against Lexington over ordinance

LEXINGTON, Ky. (WKYT) – A national pet store chain is filing a lawsuit against the Lexington-Fayette Urban County Government.

Last Friday, Petland filed a lawsuit to stop a Lexington city ordinance that bans the sale of cats and dogs by pet stores.

[READ THE FULL LAWSUIT BELOW]

Supporters of the ordinance say it helps stifle puppy mills while encouraging the public to support local animal shelters.

Petland and Most Valuable Pets are the only stores in Lexington impacted by the ban, which is set to go into effect on November 1.

Petland is arguing that the ordinance is unconstitutional.

They also say they would be forced to close their Lexington location if the ordinance took effect.

The 34-page civil complaint details a multitude of reasons why Petland believes the local legislation is unreasonable, or in some cases illegal.

But Todd Blevins with the Humane Society of the United States (HSUS) argues this is a ploy, seeking to buy the company time before the ordinance takes effect and potentially pursue state legislation in 2025.

“I think it’s a real shame that Urban County Council gave the puppy selling pet stores a grace period, and the stores – at least, Petland – didn’t do anything at all with it,” said Blevins, who is Kentucky’s State Director for HSUS.

Supporters of the ban like Blevins say council’s months-long deliberation before passing the ordinance and this grace period show careful consideration. But Petland contends that the delay undermines any assertion that the policy is urgently needed.

In the lawsuit, they write that the pet ban is so irrational that it violates the Fourteenth Amendment to the Constitution. They add it unreasonably impairs their contract rights, including their commercial lease with the Richmond Road location at Lakeview Plaza.

Petland opened there in 2021, and with puppy sales comprising 80% of the store’s revenue, they say they will be forced to close if this ordinance takes effect.

But Blevins disagrees.

“There have been Petland’s in other cities that have passed these kinds of ordinances, and in several cases, those stores have adapted,” Blevins said.

The lawsuit also takes aim at Blevins and his organization, saying the HSUS had “privileged access” to the Urban County Council while they considered this measure – a notion he denies.

“Council showed no favoritism to my organization,” said Blevins. “They took this seriously and heard from a variety of perspectives.”

He says his thoughts are with the local animal shelters who may be impacted by this legal pursuit.

“You have so many individuals that break their backs every day to try and adopt out animals, and then, something like this comes along,” Blevins said. “It’s honestly heartbreaking.”

We reached out to Petland, who sent us a statement from Elizabeth Kunzelman, their Vice President of Legislative and Public Affairs. It reads in part:

“A ban should never be the first option. There are a multitude of solutions available that discourage puppy mills without shutting down legal businesses. Petland reached out to every council member many times to discuss the proposed ban and offer solutions such as regulating businesses and sharing business records to promote accountability and transparency. Breeder trips were offered so council members could see first-hand the responsible, regulated breeders we purchase our puppies from. We were told on multiple occasions that this ordinance was a “done deal” and there was nothing we could do about it. That is not how our city governments should operate.”

They went on to say that this ordinance will not prevent bad breeders from selling to Lexingtonians.

We reached out to the city as well, but a spokesperson told us they cannot comment on lawsuits.

In a similar case filed by a Louisville pet store, our sister station WAVE reports a judge has granted an injunction to allow the store to sell pets while that case moves through the courts.

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