Court Upholds Chicago's "Anti-Puppy Mill" Ordinance
The City of Chicago adopted an ordinance that restricts the sale of dogs, cats, and rabbits at pet stores. Specifically, the ordinance requires pet stores to obtain their animals only from animal control or care centers, kennels operated by local, state or federal governments, or humane societies. The ordinance, commonly referred to as the "anti-puppy mill" ordinance was challenged by two pet stores and a Missouri dog breeder. The complaint argued that the ordinance was unconstitutional under both the state constitution (as exceeding the City's home rule powers) and the U.S. Constitution's Commerce clause.
The case made its way to the Seventh Circuit Court of Appeals, which issued its opinion yesterday upholding the ordinance. First, the Court determined that the City's home rule powers allowed it to regulate animal control and welfare and was not preempted by state law. Second, the ordinance did not violate the U.S. Constitution's Commerce Clause because it did not discriminate against interstate commerce since all large-scale breeders, whether based in Illinois or elsewhere, were treated the same under the ordinance.
Post Authored by Julie Tappendorf
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