Commissioners Repeal the Ban on Retail Sale of Cats and Dogs
Posted
Dawn Kitterman
BRADENTON – On Tuesday, commissioners voted to repeal an ordinance previously adopted banning the retail sale of cats and dogs in Manatee County. Despite overwhelming support for the stay of the ordinance, commissioners argued that such an ordinance was a constitutional infringement on the rights of local businesses.
Undercover investigations by the Humane Society in 2019 showed what they described as disturbing and inhumane conditions at puppy breeding sites. A Bradenton Petland store was among 18 other Florida pet stores identified in the findings for purchasing puppies from inhumane breeders.
In 2021, after a decade-long effort by local animal activists, Manatee County Commissioners passed a local ordinance banning the retail sale of cats and dogs in an effort to curb the practice of purchasing pets from questionable breeders for retail sales and profit. The county is currently being sued by two Petland franchises over the ban.
More than 70 written public comments were attached to Tuesday’s agenda item for the repeal. Of those, less than 10 were in support of repealing the ban, and of the ones in support, a majority of those were submitted by employees of Petland.
During Tuesday’s meeting, more than a dozen members of the public appeared before commissioners to speak on the item. The majority spoke against the repeal, including Kate MacFall, the Florida State Director of the Humane Society, as well as former county commissioner Carol Whitmore. Speaking in favor of repealing the ban were two speakers, an owner of Petland Bradenton and an owner of Petland Sarasota.
Commissioner Mike Rahn said Tuesday that he stands against legislating local business. Rahn contended that both Petland locations had been in operation for many years and if there were any significant problems with the business practices at either location then "the market would have shut them down." The commissioner added that he has personally visited both pet store locations and would have no problem purchasing a dog from either one.
Some opponents of the repeal–including at least one who spoke on Tuesday–have pointed out that Petland Sarasota and Petland Bradenton gave maximum on-time campaign donations to Commissioner Rahn during the 2022 election.
Commissioner Bearden compared an ordinance against the ban on the retail sale of cats and dogs to mask mandates and mandatory vaccinations. Bearden said he believes an ordinance that could "shut down" a local business needs to happen on the federal level and stressed he was not in support of anything that would infringe on a business's constitutional rights.
Commissioner Amanda Ballard suggested that a ban on the retail sale of pets should be fought at the state level. Ballard said that while banning puppy mills is a "laudable goal," the ordinance passed does not achieve that goal.
"This is really just a feel-good type of ordinance, it doesn’t do what we would want it to do," said Ballard. She added that in her view, fighting to defend the ordinance in the courts is a "waste of taxpayer funds."
At least one commissioner had a different perspective. Commissioner George Kruse challenged some of the statements asserted by his colleagues. Kruse served as a commissioner in 2021 and voted for the ordinance currently in place. Kruse argued that previous courts have ruled in favor of upholding similar ordinances elsewhere, setting a precedent that showed such a measure is constitutional.
"If this is unconstitutional, how did those other municipalities succeed with judges voting in their favor?" Kruse asked rhetorically.
The two representatives of Petland who spoke Tuesday denied that their businesses support or purchase from so-called "puppy mills," but MacFall reminded commissioners that the Humane Society had provided a 160-page USDA report which she said proved the local Petlands do purchase puppies from puppy mills.
During her comment, MacFall added that over 445 ordinances have been initiated nationwide, 86 in Florida, six on the state level, and about 20 legal challenges arising from those. MacFall said all 20 challenges were defeated in the courts.
"We have seen a decrease of one-third in the number of puppy mill puppies bred annually. These ordinances are popular and they are working," MacFall told commissioners.
But MacFall’s comments and those of others who spoke Tuesday against the repeal were not enough to sway a majority of commissioners who held firm on the position that such an ordinance would be unconstitutional. The discussion grew tense when Kruse summarized his position before the vote, further asserting his perspective that the repeal of the ordinance was not a constitutional question.
"I understand the Constitution," Commissioner Bearden told Kruse in response, pointing a finger. "I have seen limbs blown off for it. So, you can’t come up here and tell me about the Constitution when I have experienced the Constitution."
Bearden concluded by telling his fellow commissioner he would "hold him accountable" to upholding the constitution. Kruse thanked Bearden for his military service, adding, "I look forward to your upholding of the Constitution when it comes to freedom of speech, freedom of the press, and other matters we have been discussing up here today." Earlier in the meeting, the subject of a future work session to discuss the content of books available at the county's public libraries was raised.
"The Constitution is the Constitution, you do not get to choose which parts you want to follow based upon the will of your desire," Kruse concluded.
Repealing the ordinance effectively ends any further litigation over the previously adopted ban on the retail sale of pets in Manatee County. The motion passed in a 5-1 vote with Kruse in opposition and Commissioner Vanessa Baugh absent. There was no mention during Tuesday's meeting as to how much money had so far been invested in defending the previously adopted ordinance.
To replay Tuesday’s meeting discussion on the repeal of the ban, and to hear citizen comments, click the video below.
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