Petland Sarasota loses injunction but will remain open, owners say
SARASOTA — Petland Sarasota will continue to sell puppies and kittens, despite Sarasota County's new ban on their sale, which formally took effect Friday.
The store announced it will operate as usual in spite of the ban as it battles the county in court over the constitutionality of the new ordinance, which was approved a year ago but only became law Friday after a 12-month adjustment period.
Petland filed for an injunction against the implementation of the ban as part of its lawsuit against the county, but the request was denied last week.
Circuit Court Judge Frederick Mercurio turned down the injunction in a ruling last Monday because "an alleged loss of business will not support a finding of irreparable harm," a requirement for the court to issue an injunction, according to the order.
Petland Sarasota chief operating officer Kristen Parker issued a statement on the ruling Friday morning that said the Parkers, who own the store, "respectfully disagree" with the order and are appealing in the Second District Court of Appeal in Lakeland.
"That appeal remains pending and we continue to believe this ordinance will ultimately be found unconstitutional," the statement concluded. "In the interim, Petland Sarasota will continue to operate as it has since 1999, when it first opened its doors in Sarasota."
The store could continue to operate while only offering adoptions, but co-owner Brad Parker said in a hearing about the ban last year that adoptions-only service is not an option. Neither the Parkers nor their attorney, Thomas Shults, would elaborate on the written statement Friday.
The new ordinance was highly controversial in Sarasota County in late 2015 and early 2016. It was the subject of days-long public hearings that pitted Petland leaders and their Midwestern commercial breeders against local animal activists worried about abuses. Even after it was passed, the County Commission continued to try to tweak and research the rule through last summer.
At the center of much of the disagreement is the rule's exception for so-called "hobby breeders." The designation is designed to exempt local breeders who "breed or rear" animals in Sarasota County, allowing them to continue their operations if they meet current zoning rules.
Petland's lawsuit argues, however, the definition of "rear" allows anyone who qualifies as a hobby breeder to buy animals from elsewhere and raise them on their property for sale, potentially circumventing the prohibition on commercially bred animals.
Sarasota County filed its formal response to the lawsuit with the court after the injunction ruling.
The response defends the county's right to enact the new rule and contends Petland had time to adjust to the rule or change its business model over the past year.
The county response also requests the court issue an injunction to stop Petland's continued sales after Friday. The court had not ruled on that request as of Friday, according to online court records.
"Plaintiffs may continue to operate a pet store without the sale of live dogs or cats," the county filing says. "Many other pet stores operate without the sale of live dogs and cats, including other stores in the Petland franchise system. Other stores provide opportunities to interact with animals from shelters or rescue organizations that are available by providing an adoption fee."
Petland is apparently the last remaining retail pet store to be affected by the new ban. Only two others carry the designation — one of which has closed — and other similar stores only adopt out pets, county officials have said.
The remaining store, Top Dog Pets & Grooming in Gulf Gate, stopped selling dogs last spring after the county vote and returned to just grooming and training, owner Patrick Volek said late last year.