CAPS Files Amicus Curiae Brief in New York District Court


Companion Animal Protection Society provides legal support on behalf of New York City pet shop ordinances

Who: Companion Animal Protection Society (CAPS)
Where: New York, N.Y.
When: August 4, 2015

The Companion Animal Protection Society(CAPS) officially filed an Amicus Curiae (friend of the court) brief in federal district court on behalf of recent New York City “Pet Store Laws” – local laws 5 and 7. The New York Pet Welfare Association (NYPWA), a group representing various pet shop owners and puppy mill breeders and brokers, such as The Hunte Corporation in Goodman, Missouri, sued the city and the legislators associated with the ordinances in an attempt to repeal them. As the only national non-profit dedicated exclusively to investigating pet shops and puppy mills, CAPS is the national authority on the pet shop and puppy mill industry and the leader in the pet store ordinance movement in the United States. CAPS has also assisted with municipal ordinances in Canada. CAPS General Counsel John Maher, assisted by another lawyer, wrote the legal brief that provides a wealth of proof that unequivocally supports upholding the “Pet Store Laws” and dismissing the case against the city. 

CAPS filed the Amicus brief, which is an informed opinion filed in court by a third party not directly involved in the case, on July 31 in United States District Court, Eastern District of New York.  CAPS’ focus is on clarifying facts about the case, which have been distorted by plaintiff NWPWA.

The Plaintiff’s Complaint is based upon the flawed premise that the Supremacy Clause, Due Process Clause and Commerce Clause of the U.S. Constitution elevate free trade above all other local concerns within the Second Circuit. As a result, the Plaintiff argues that the modest local Laws at issue in this case, which codify community values in favor of full disclosure, the humane sourcing and treatment of companion animals, and the reduction of unwanted pets via mandatory [spay] and neuter requirements, do not constitute a clear and legitimate public interest. In fact, both this Court and its sister circuits have repeatedly rejected this premise and, as a result, Plaintiff’s arguments must be dismissed as a matter of law.

– Brief for Companion Animal Protection Society as Amici Curiae, on New York Pet Welfare Association v. THE CITY OF NEW YORK, et al.

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