Will Louisville pet stores be in the doghouse? Council may ban dog and cat sales

The sale of dogs and cats from retail pet stores may be banned in Jefferson County depending on a Louisville Metro Council vote Thursday.

Councilman Stuart Benson, a Republican representing parts of Jeffersontown, Eastwood, Fern Creek and Fisherville, sponsored the ordinance, which passed out of the Public Safety Committee on Sept. 19 with seven "yes" votes. Councilman Andrew Owen, a Democrat who represents Clifton, Crescent Hill and other neighborhoods, is a co-sponsor.

Supporters of the ordinance hope it will limit the sale of animals from "puppy mills" or "kitten mills" but still allow private breeders and rescues to operate, said Todd Blevins, the Kentucky State Director for the Humane Society of the United States, who has been consulting with Benson about the ordinance for several months.

"We have documented that pet stores that sell puppies in retail fashion, by and large, are getting them from puppy mills," he said. "What has become apparent in Louisville is that the pet shops that are selling puppies are selling them in such a fashion that they're getting sick within days of getting home."

Brian Halfacre, a Mount Vernon resident, says he unknowingly purchased a sick dog from Puppygram, a business with stores in Indianapolis, Louisville and Detroit, according to the company's website.

He bought a dog from the Louisville location in April for $2,800 and said that he has spent over $6,000 on the dog's medical bills. He "absolutely" believes the dog was sourced from a puppy mill and not properly cared for prior to coming home with him and is in "full support" of this ordinance, he said.

But Puppygram CEO Miles Handy said the business has a "no puppy mill policy" and that Halfacre's dog, a Cavalier King Charles Spaniel named Kate, was healthy when she left the facility. Passing the ordinance would severely impact his company, he said.

"Ninety-five percent of our revenue comes from selling puppies," Handy said. "It would put us out of business."

The ordinance would also prevent people from selling dogs and cats in public and outdoor spaces, like flea markets and on street corners. It would not prevent stores from showcasing rescue animals "provided that the provider does not maintain an ownership interest in any of the animals offered for adoption or receive a fee for providing such space."

Activists, stores at odds over pet sales

Louisville would be the third Kentucky city to pass a retail sale ban on dogs and cats. Radcliff and Elizabethtown passed similar ordinances in 2022 and 2021, respectively.

More than 400 municipalities around the country have similar bans and seven states have completely outlawed the retail sales of dogs and cats: California, Maryland, Maine, Washington, Illinois, New York and, just this year, Oregon.

While there are already stores that sell dogs and cats in Louisville, the proposal would also impact Petland, an international franchiser of pet stores that is in the process of re-establishing a store in town.

Petland has already signed a lease in town, said Elizabeth Kunzelman, the vice president of legislative affairs for the company, which was started by her father, Ed Kunzelman.

Some animal-rights organizations, including the Humane Society of the United States, say there is a connection between retail pet sales and puppy mills – which are "high volume" breeders that "consistently churn out puppies for profit with wanton disregard for the welfare of not only the puppies but the mother dogs" which impacts their health, Blevins said.

"A private breeder who has the best interests of the breed in mind and the best interest of the puppy in mind, they're not going to sell to a pet store," he said. "Because by selling to a pet store, they don't know where it goes."

When retail stores sell dogs from puppy mills, it acts as a sort of "smoke screen" that prevents buyers from seeing the poor conditions the puppy was born into, he said.

"Nobody wants to support a puppy mill, but they may not know where the dog is coming from," Blevins said.

But Handy said Puppygram's adoption process is transparent and allows people in metropolitan areas to have access to purchasing dogs from reputable breeders close to where they live, rather than having to drive hours to a breeder.

He argues banning the retail sale of pets will actually increase the presence of puppy mill dogs and "black market" dog selling in Louisville.

Both Handy and Kunzelman said their companies follow strict guidelines for where they purchase their animals.

"Our stores get their puppies from USDA-licensed breeders with no direct violations on their inspection reports for the previous two years," Kunzelman said of Petland. "They adhere to local, state and federal regulations and hold themselves to even higher standards by supporting Purdue University and their Canine Care Certified program."

Handy said "most" of the dogs Puppygram sells are also USDA-approved, but activists argue the government's requirements are too lax.

Kunzelman emphasized in a letter to the Metro Council that Petland stores provide "full transparency" about where the puppy came from and has a "comprehensive health warranty" that covers a free vet visit and a "14 day bacterial or viral protection and a 2 year congenital and hereditary warranty."

But both Petland and Puppygram have been accused of selling people sick dogs. Halfacre said he noticed Kate coughing the night they brought her home, on a Friday. When he took her to the veterinarian on Monday, she was released with a clean bill of health, despite Halfacre telling the veterinarian she had a cough.

Later that night, Halfacre captured a video of the cough. One week after taking Kate home, she was put on antibiotics and subsequently diagnosed with pneumonia.

"There's no way she developed severe pneumonia in a matter of days being at our house inside and not near any other pets," he said.

Handy said it's possible Kate got sick after she was sold and that the dog was in good health when she left Puppygram. He also added that there is a paragraph in the waiver Halfacre signed that exempts Puppygram from covering the expenses of dogs with viruses or "colds" following their adoptions. Handy accused Halfacre of not taking Kate to the vet soon enough after noticing the cough, but Halfacre said they went as soon as they could.

Jackie Gardner, a Louisvillian who has purchased two dogs from Puppygram, said they are "beautiful, healthy" dogs that she would buy all over again if given the choice. While saying she has had some boarding issues, she added, "The way I look at it, nobody's forcing you to purchase a dog from them."

Puppygram CEO: Ban would 'put us out of business'

Handy is disturbed the ordinance could impact local businesses, he said.

"We got a business license, we got everything to do what we're doing," he said. "If they basically put us out of business and jeopardize all of our investments that we made into the building ... naturally we're going to have to protect ourselves and unfortunately will have to talk with legal counsel regarding it."

But Blevins argues the ordinance would be a form of consumer protection. So does Halfacre.

"I'm not just trying to destroy business just because I had a bad experience," Halfacre said. Instead, he said he hopes the ordinance will "keep puppies safe" and "keep families from having to experience this."

State Rep. Daniel Grossberg, a Democrat who represents parts of Louisville, submitted a letter to the Metro Council to express his support of the ordinance.

His perspective comes from his experience working as a manager at Petland.

"When I worked there, I was young and naive. It is now clear to me that there was more truth in marketing when I was selling used cars than when I was selling puppies," he said in the letter. "No reputable breeder would sell through a distributor to a pet store. Full stop."

Others who have expressed support for the ordinance include the Greater Louisville Golden Retriever Club, Purrfect Day Cat Cafe, Blue Ridge Animal Rescue and some veterinarians, according to a document provided by Blevins.

If passed, the ordinance would allow pet retailers one year to adjust before officially banning the commercial sales of dogs and cats. During that time, stores would have stricter rules on the information they would need to disclose to prospective buyers.

Handy said this isn't enough, though, and urges the Metro Council to "grandfather in" current Louisville pet stores – meaning he wants already existing businesses to remain while no new stores could be started. He recently implored city officials in Michigan for the same exception, which they granted.

The Louisville Metro Council is set to vote on the ordinance Thursday evening at Metro City Hall. Angela Webster, Benson's legislative aide, said she feels confident it will pass without changes.

Both Halfacre and Handy will be watching the vote closely, they said.

Reach reporter Eleanor McCrary at EMcCrary@courier-journal.com or on Twitter at @ellie_mccrary.

This article originally appeared on Louisville Courier Journal: Louisville may ban dog, cat retail sales to target 'puppy' mills