Park Pet Shop, Inc. v. City of Chicago

Federal 7th Circuit Court
Civil Court
Commerce Clause
Citation
Case Number: 
No. 15-3711
Decision Date: 
September 21, 2017
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in dismissing for failure to state valid cause of action plaintiffs-two pet stores and Missouri dog breeder’s action that challenged constitutionality of defendant-City’s “anti-puppy mill” ordinance that limited plaintiffs’ ability to sell dogs, cats and rabbits by requiring retail pet stores to obtain said animals only from animal control or care centers or animal kennels operated by local, state or federal govt. or humane societies. While plaintiffs argued that said ordinance exceeded defendant’s home rule powers under Ill. Constitution, as well as violated implied limits on state power imposed by Commerce Clause of U.S. Constitution, Ct. of Appeals rejected both claims, after finding that: (1) Ill. Constitution permits home rule units to regulate animal control and welfare concurrently with State; and (2) instant ordinance did not violate Commerce Clause, where ordinance did not discriminate against interstate commerce, and where ordinance did not require any special cost-benefit justification. Moreover, rational-basis review applied to instant case, and ordinance satisfied said review. (Partial dissent filed.)