State law bars Fayetteville’s pet sale ban

Act 730 of 2023 prohibits ordinance passed to stop retailers’ using puppy mills

FAYETTEVILLE — The City Council here will need to rescind its ordinance banning retail sale of pets after Gov. Sarah Huckabee Sanders last week signed a bill prohibiting cities from taking such action, City Attorney Kit Williams said.

House Bill 1591, originally sponsored by State Rep. David Ray, R-Maumelle, became Act 730 and prohibits cities from regulating pet stores’ acquiring or selling animals from kennels, catteries or dealers licensed by the U.S. Department of Agriculture. Its intent is to clarify the applicability of the Arkansas Retail Pet Store Act of 1991.

The council voted 8-0 in July to ban the retail sale of cats and dogs, unless from or in cooperation with the city’s animal shelter, another shelter or a nonprofit organization approved by the city’s Animal Services Division.

Animal Services staff and members of the public told the council pet stores selling animals, rather than putting them up for adoption, often get them from mass breeding facilities, commonly known as “puppy mills.” Although mass breeders can be licensed by the Agriculture Department, they go largely unchecked, and animals are kept in deplorable conditions, the council heard.

At the time, Petland had been granted a business license and was weeks away from opening its Fayetteville store southeast of Joyce Boulevard and Mall Avenue. Samantha and Ryan Boyle, owners of the Petland franchises in Fayetteville and Rogers, told the council their animals don’t come from puppy mills and are well-documented.

Petland filed a lawsuit against the city in August, and Benton County Circuit Judge Doug Schrantz issued a temporary restraining order still in effect prohibiting the city from enacting the ordinance. In January, Schrantz declined to grant the city a motion for summary judgment in its favor that would have dismissed the case.

The city will have until the law takes effect to rescind its ordinance, which will be in July, Williams said.

Bills signed by the governor become law 90 days after the legislative session ends unless an emergency clause is attached.

Williams said he plans to draft language for the council to consider in the coming weeks.

“The way our system of government is set up, they’re our superior government, and we will not do something that’s directly contrary to what state law says,” he said. “I think our law did not violate any state law; in fact, that’s why they had to change the law.”

A jury trial for the Petland lawsuit is scheduled for Jan. 17. Williams said he will prepare to defend the city in the case unless the other side drops it.

George Rozzell, attorney for Petland, said for now the lawsuit stands.

“[Petland’s] hope is that after this enactment, any dispute about its operation will soon subside,” he said. “As litigation of Fayetteville’s pet store ordinance is ongoing, Petland Fayetteville withholds further comment.”

John Goodwin, senior director of the Stop Puppy Mills campaign with the Humane Society of the United States, criticized the bill becoming law.

“With a stroke of a pen, Gov. Huckabee Sanders has condemned more dogs to a life in a tiny cage, being bred until their bodies wear out, with their paws often never touching a blade of grass,” he said. “Those responsible for this bill chose to align themselves with an out-of-state corporation that is notorious for selling sick puppies to unsuspecting families, while supporting puppy mill cruelty.”

Petland was founded in Chillicothe, Ohio, and has about 130 stores in the United States.

Alexa Henning, spokeswoman for Sanders, said the bill does nothing to change or weaken state law on the treatment of animals, and the Humane Society has chosen to fear-monger by spreading falsehoods.

“The governor is absolutely against all forms of animal cruelty and looks forward to constructive conversations about providing care for the safety and well-being of all our pets,” Henning said.