Manatee County officials may reverse a ban on retail sale of dogs, cats after lawsuit
Despite protests from animal activists, the Manatee County officials say they are prepared to reverse an existing ordinance that bans the retail sale of cats and dogs.
Commissioner Mike Rahn first proposed dropping the ordinance after hearing an update from County Attorney Bill Clague on pending litigation over the law during Tuesday’s public meeting.
After years of animal advocates pushing for the change, board members voted to ban the sale of cats and dogs in August 2021.
But Clague said he predicted a drawn-out legal battle over the ordinance. Petland, a local business that sells animals and pet supplies, filed a lawsuit against the county law. Due to a court order as part of that lawsuit, Manatee County officials have not yet been able to enforce the ban, which would have taken effect in October.
With a court deadline approaching to begin legal arguments, Clague asked the board if it remains committed to the cause. Three of the commissioners who voted in favor of the law are no longer on the board.
“As long as this ordinance remains on the books as the local law of the county, the County Attorney’s Office has to defend it,” Clague explained. “This is a long fight, and it’s going to command significant legal resources.”
Other states and counties have enacted similar policies banning the retail sale of cats and dogs. In December, New York became the latest state to put similar restrictions in place.
Manatee set to drop ban on pet sales
In a 6-1 vote, the majority of the board said they did not want to continue defending against the lawsuit and asked Clague to repeal the ordinance. The County Attorney’s Office will draft a new ordinance that repeals the county’s ban on retail pet sales later this month.
Previous county officials called the ban on cat and dog sales “the right thing to do,” pointing to alleged evidence of inhumane conditions at commercial breeding factories.
In response, Petland said it only sources from reputable breeders that have been approved by the United States Department of Agriculture. Because most of their revenue comes from the sale of cats and dogs, local Petland stores would go out of business, they argued.
Animal advocates said they were disappointed by the county’s decision to back away from rules that were approved less than 18 months ago.
“These animals have no voice. This is about crazy animal activists. This is about people who have a heart,” said Shannon Spring.
Other ban supporters took issue with Petland’s argument that the ban would put the company out of business.
“You guys all have pets,” Shannon Keaver told board members. “You know there are other pet shops you can go to that don’t sell pets from puppy mills. Pets are not their only product.”
Commissioners said they are uncomfortable with the ban, which they believe unfairly targets a legal business model.
“I feel that this is basically interference in someone being able to operate a business — a legally operating business — here in Manatee County,” said Rahn. “We have some illegally operating businesses here in Manatee County that we need to shut down, but I don’t believe this is one of them.”
Of the $128,000 Rahn raised from donors in his successful 2022 campaign for the District 4 seat on the Manatee County Commission, $2,000 came from two local Petland stores.
Other board members expressed concerns similar to Rahn’s. Commissioner Jason Bearden said he could not support a ban that infringes on a company’s rights.
“Our job is not to regulate where they get their puppies from,” said Bearden. “That is the job of the federal government, not the local government.”
Following the decision to begin the process of repealing the pet retail ban, Commissioner James Satcher suggested a legal review of the county’s animal cruelty laws to determine whether they could be improved.
“Let’s see where we can tighten the ship to protect animals in Manatee County,” Satcher said.
Board members voted unanimously in favor of the proposal.
The Manatee County Commission is expected to vote on an ordinance that repeals the ban on the retail sale of cats and dogs during a public hearing later this month.
This story was originally published January 11, 2023 at 12:35 PM.
