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Is it illegal to sell cats and dogs in Manatee County? Here’s what officials decided

The revamped Manatee County Commission last week voted to end a ban on the retail sale of cats and dogs, dismantling a policy decision set by previous board members.

Following years of debate on the emotional subject of alleged puppy mills and animal abuse, county officials voted in August 2021 to ban the sale of certain pets in Manatee County. Supporters of the move said the law would protect animals sold by commercial breeders.

But during Tuesday’s public meeting, the Manatee Board of County Commissioners, which is now made up of seven conservative Republicans, put an end to that policy. They argued that the law would cause damage to local businesses while not going far enough to protect animals.

Commissioner Mike Rahn, who first voiced support for the reversal in January, said he could not support any proposal threatening to shut down a “legally operating business.”

“This is an issue of not pet mills or whatever,” said Rahn. “This is an issue of allowing two businesses to operate in Manatee County that have operated for some time … and if they were doing something incorrect or wrong, the market would have shut them down. The market did not shut them down.”

Of the $128,000 Rahn raised in his 2022 campaign for the District 4 seat on the Manatee County Commission, $2,000 came from Petland owners, who have adamantly opposed the law.

Ban threatened Petland business model

“We carefully vet our industry breeders to ensure they are following the (United States Department of Agriculture) regulations and only work with licensed breeders,” said Samir Sutaria, an owner of one local Petland store. “If there are violations in the last two years, we refuse to work with those breeders.”

In 2021, Petland filed a lawsuit against Manatee County Government, arguing that the ban is unconstitutional. According to court records, Petland makes 70% of its revenue from the sale of kittens and puppies.

“Without the ability to sell puppies and kittens, the Petland stores would be unable to meet operating expenses and would cease operations,” the company wrote in its lawsuit.

On Tuesday, board members said they agreed with Petland’s argument.

“Banning puppy mills is a very laudable goal. We all love cats and dogs. We all love our pets,” said Commissioner Amanda Ballard. “Unfortunately, this ordinance doesn’t achieve that goal that it purports to achieve.”

“This is a feel-good type ordinance. It doesn’t do what we want it to do,” she continued.

Despite pleas from several animal activists, the board voted 5-1 to repeal the previously approved ordinance. Commissioner George Kruse cast the only vote against the decision.

Commissioner Vanessa Baugh did not attend Tuesday’s meeting.

Animal advocates push back on ban reversal

“This is a cruel and greedy industry,” said Laura Weiss, a Manatee County resident. “Animals are being trafficked.”

“With any business, we need to move with the times,” added Holly Barbour, of Sarasota. “Nobody wants to shut Petland down. Nobody wants to shut down a pet store business.”

While she served on the board for 16 years, former County Commissioner Carol Whitmore made it a personal mission to have Manatee become one of several Florida counties that have banned the retail sale of cats and dogs.

“To me, this commission supports puppy mills. That’s more or less what they told residents a few days ago,” Whitmore said in an interview with the Bradenton Herald. “We just took a major step backward. Shame on them.”

Kruse, who voted alongside Whitmore in favor of the ban, criticized his fellow commissioners for reversing course. He argued that the ban on cat and dogs sales made Manatee County a leader in the state, which may have eventually led to new state or federal laws that successfully crack down on inhumane commercial breeders.

“The local government knows what’s in the best interest of local residents in local communities,” Kruse argued.

What did a judge say about pet sale ban?

Manatee County’s decision to end the ban comes on the heels of a victory at the Manatee County courthouse. In August, Judge Edward Nicholas declined Petland’s request to put the pet ban on hold.

After hearing arguments in the case, Nicholas sided with Manatee County Government. However, the 20-year circuit court judge expressed skepticism at the county’s justification for the pet sale ban, arguing that the board had little evidence to suggest that Petland sources its animals from puppy mills.

“The Court feels compelled to note that it is concerned that the Manatee County ordinance enactment appears to have largely been driven by emotion, rather than an actual review of the selling practices of the stores in the county,” Nicholas wrote.

Petland appealed the judge’s decision, but the county faced a Feb. 13 deadline to submit an argument against the appeal. County Attorney Bill Clague warned board members that the appeals process would be costly and timely.

08/10/21—The Manatee County Commission ended the retail ban on the sale of cats and dogs following a lawsuit from local Petland pet store owners. In this Bradenton Herald file photo, advocates for Petland wear red shirts and those supporting the ban wear green while attended a meeting of the Manatee Board of County Commissioners in August 2021.
08/10/21—The Manatee County Commission ended the retail ban on the sale of cats and dogs following a lawsuit from local Petland pet store owners. In this Bradenton Herald file photo, advocates for Petland wear red shirts and those supporting the ban wear green while attended a meeting of the Manatee Board of County Commissioners in August 2021.