Judge upholds Phoenix law aimed to curb puppy mills

Phoenix can bar pet stores from selling dogs and cats raised by commercial breeders, a federal judge has ruled.

Some activists are hailing the decision as a win for laws that aim to curb puppy mills, and others say the ruling unfairly punishes responsible breeders.

The decision upholds a Phoenix ordinance passed in December 2013 that seeks to address the city’s population of homeless dogs and cats.

The Humane Society of the United States threw its support behind the ordinance, seeing it as a way to counter large-scale, for-profit breeders who raise animals in harsh conditions.

However, U.S. District Judge David G. Campbell’s decision has left one Valley pet store in limbo.

Puppies ‘N Love owners Frank and Vicki Mineo filed the federal suit against the city in July 2014, arguing the ordinance violated state and federal commerce laws and would force the store at Paradise Valley Mall to close shop.

In his ruling handed down Friday, Campbell empathized with the store, saying it did an “exemplary” job of trying to buy puppies from caring breeders, but found the ordinance was constitutional.

PREVIOUSLY: Phoenix's attempt to curb puppy mills challenged

The Mineos are considering whether to appeal the decision, though they have no plans of immediately closing their store, Frank Mineo said.

“Our family built this business over four decades, working with ethical breeders, developing personal relationships with those men and women whose animals we proudly sell in Phoenix,” Frank Mineo said. “I’m disappointed in the judge’s ruling.”

Phoenix City Councilwoman Thelda Williams, who helped lead the effort to pass the ordinance, said many local residents and rescue organizations have sent her e-mails of gratitude about the ruling.

“I’m just delighted that the city of Phoenix won,” Williams said. “This means more protection for puppy lovers and the puppies themselves. We have so many dogs in Arizona that need homes, we don’t need to import them.”

PHOTOS: PUPPIES 'N LOVE PET STORE IN PHOENIX

The Puppies ‘N Love store is believed to be the only one in Phoenix affected by the ordinance. While most other pet shops partner with animal shelters and rescue organizations, Puppies ‘N Love deals exclusively with regulated breeders for purebred animals.

The case attracted national attention, with the Humane Society defending the law and pet industry groups, such as the Pet Industry Joint Advisory Council, donating money to the Mineos for legal expenses.

Melanie Kahn, the Humane Society’s senior director for its campaign against puppy mills, said the ruling was a step forward.

“I hope the pet industry is paying attention, and instead of spending so much of their time and resources fighting these ordinances will instead devote their time toward improving the industry,” Kahn said.

Mike Bober, executive vice president of the Pet Industry Joint Advisory Council, an advocacy group that promotes pet ownership and pet owners’ rights, said the ordinance, though well-intentioned, will do more damage than good.

“Banning Puppies ‘N Love won’t shut down a single puppy mill, though it will likely hurt several federally licensed and regulated responsible breeders,” Bober said.

Puppies ‘N Love was able to continue its business operations even after the ordinance passed because Judge Campbell granted an injunction blocking it from taking effect until the case was resolved.

Bob Schaffer, the Mineos’ attorney, said the Mineos were victims of a politicized national debate.

“What this ruling really shows is that the city has unfairly targeted a responsible business based on the unfounded claims of animal extremists,” Schaffer said.

“Breeders, like anyone else, deserve to be judged based on their own individual circumstances, and not all commercial breeders are ‘puppy mills,’ ” he said.