Issue link: https://newsleader.uberflip.com/i/227385
Sarasota News Leader December 13, 2013 Page 19 after Tuesday's meeting. "We have evidence "Clearly there are some legal concerns," they do." DeMarsh pointed out. THE LEGAL QUESTION Commissioners seemed to agree that problems exist with puppies coming from less than ideal conditions. "I have been really torn on this thing since the subject came up. And I would like to do something," said Commissioner Nora Patterson. Vice Chairman Charles Hines said the crux of the matter is not the sale of dogs in general but the sale of those bred at puppy mills. Hines added that he would like to see local animal rights advocates work with representatives from the industry to strike an agreement that would address puppy mills. "Where is the compromise on this? I haven't "Something needs to be done, it appears," seen that," Hines said. "Both sides said they added Commissioner Joe Barbetta. don't like puppy mills." However, commissioners had questions about the possibility of a legal challenge if they moved forward with the ordinance as proposed. Patterson made a motion to ask the County Attorney's Office to explore potential legal issues. The motion was approved unanimously. Patterson added that she feels bad for the employees who might lose their jobs, but she does not think closing local retail pet stores that sell live animals will prevent people from finding the dog breeds they desire. "There would be a wide variety" of legitimate local breeders people could contact, who would be able to provide background on their puppies and the conditions in which they were bred, Patterson pointed out. County Attorney Stephen DeMarsh will bring back a legal opinion in 60 days; then, the County Commission will discuss the topic Russell Matthes of Sarasota in Defense of Animals told the News Leader he looks forfurther. ward to the results of the county's review of Barbetta said he was concerned the county the ordinance. was "treading water" on legal issues, including free commerce, in regard to the proposed As for the potential impact on federal commerce laws, Matthes pointed to the lack of ordinance. such problems with regulations adopted in DeMarsh replied that two possible issues other cities. could be raised by a ban. The first is whether such a law would impair existing contracts "We're certainly looking forward to the next associated with the four pet stores operat- 60 days for more discovery by county staff ing in the county. The second is whether an and attorneys, who will be looking into the ordinance would clash with provisions of the Commerce Clause and how it impacts such federal Commerce Clause, which regulates an ordinance," Matthes added. "There is some aspects of intrastate and interstate business. precedent out there they can look at." %