Petland in North Dallas sues city over new ban on puppy, kitten sales

The only store in Dallas that sells puppies is challenging the city’s decision to ban the sale of cats and dogs at pet stores.

Petland Dallas owner Jay Suk has said the new ordinance, which was passed earlier this month, will force him out of business.

On Tuesday, the North Dallas franchise’s company, D&J Pets, filed a lawsuit in a Dallas County court, alleging the ordinance discriminates against the store and violates the Texas Constitution. The company is seeking an injunction preventing the ordinance from going into effect and more than $1 million in damages.

“The Pet Sale Ban irrationally discriminates only against Mr. Suk’s pet store creating severe economic harm and further eliminates the safe, transparent and regulated sale of pets,” Petland said in a news release.

The city said it could not comment on the pending litigation.

The ordinance is set to take effect in November, allowing a penalty of up to $500 for violations. Dallas is the last major Texas city to enact such a regulation, joining five states and more than 400 localities, according to the Humane Society of the United States.

They also say the ban will protect customers from the emotional and financial toll of spending thousands of dollars on sick dogs, and will instead lead people to rescue groups, small-scale breeders and animal shelters that are often filled beyond capacity.

But the new lawsuit says the ordinance wouldn’t serve the government’s interest of stopping the sale of pets from “substandard breeders” because the store buys only from federally regulated breeders with “high professional standards” that comply with state and local laws

Puppy and kitten sales make up more than 80% of owner Suk’s annual revenue, the lawsuit says. In 13 years of business, the store has sold more than 15,000 dogs and cats to about 12,000 Dallas families. The store, which has 30 employees, also has contracts with its franchisor and customers that it says would be impaired.

The lawsuit also says the ordinance prevents the store from competing against “substandard breeders” and doesn’t address where puppies are sourced or how they’re treated.

The ordinance is “unreasonably burdensome” because it will put the Dallas store out of business and “irrationally discriminates” against that store while allowing individuals to sell puppies regardless of how they’re bred, the lawsuit says.

In the lawsuit, the store says it has repeatedly offered to discuss its operation with council members and is ready to talk about “common-sense” regulations.

“Mr. Suk abides by all federal, state and local laws in connecting pets with forever families,” Elizabeth Kunzelman, Petland’s vice president of government relations, said in a written statement. “His business is a strong ally in the fight against puppy mills and animal cruelty and deserves to keep his doors open.”

Earlier this month, Suk’s company filed a defamation lawsuit against Lauren Loney, the Texas state director for the Humane Society. It alleges she made misleading statements about the store and seeks between $200,000 and $1 million in damages.

M. Carrie Allan, a Humane Society spokeswoman, said the group was concerned that lawsuit was “just another attempt by businesses that profit at the expense of puppies to silence animal advocates.”