Puppy Mill Ordinance Gets No Encouragement from City Attorney

City Attorney Glenn Sabine told the La Mesa City Council on Tuesday that “expensive and protracted litigation” could result if an ordinance was enacted to bar pet stores from selling dogs and cats that weren’t from animal shelters or rescue operations.

On Dec. 14, the council heard Sydney Cicourel and others from the Companion Animal Protection Society make impassioned pleas for an “anti-puppy mill” ordinance modeled after a year-old law in West Hollywood.

Weekly protests led to the closure of the Pet Works store in Grossmont Center, alleging that it sold sick animals—such as Minnie Moo, the Boston Terrier bought by Iraq war veteran Josh McClintock of El Cajon. Minnie Moo died a month ago.

The council directed city staff to study a possible ordinance and report back.

On Tuesday, Sabine gave what he called “a status report” on his studies, with City Manager David Witt, of an ordinance like West Hollywood’s.

Sabine said city Animal Control officials are unaware of dogs or cats for retail sale in La Mesa, leaving the impression an ordinance would have no current effect.

He also said “puppy mills” are generally in the Midwest and the city has uncovered no “kitten factories” in La Mesa.

But passage of an anti-puppy mill law, as opponents call it, might “run afoul” of federal interstate commerce laws, he said.

After the council meeting—whose public portion lasted only 45 minutes—Mayor Art Madrid said he was satisfied with Sabine’s recommendation that the city “monitor” the West Hollywood pet-store law. No council vote was taken.

Madrid said the state Health and Safety Code regarding treatment of animals for sale might be sufficient for handling pet stores, although he suggested that enforcement might be lax.

Madrid said his No. 1 priority was to “make sure that Josh [McClintock] had some financial support” in his effort to hold former Pet Works owner Richard Fuller accountable for the veterinarian bills growing out of the sale of Minnie Moo.

Petco, a local pet supply store, helps facilitate dog and cat adoptions but doesn’t sell the animals, said Ron Sison, assistant manager of the store on Fletcher Parkway.

Tuesday night, he said “we don’t own any dogs or cats,” but the store hosts adoption events by local rescue groups. “People are here on a daily basis who can adopt a cat. … We don’t sell dogs or cats.”

In fact, Petco as a chain supports the “Think Adoption First” campaign and its foundation partners with groups to advance the adoption cause.

City officials gave no time frame for when they would make a final decision on a pet-store ordinance.