Arlington Heights delays decision on puppy mill ban
Arlington Heights leaders are backing off discussions about village regulations for puppy sales to allow a federal lawsuit challenging Cook County's new puppy mill ban to works its way through the court system.
Village officials had planned to consider “opt out” provisions that would exempt Happiness is Pets, 15 W. Golf Road, from the ordinance, which bars suburban Cook County pet stores from selling dogs, cats and rabbits not obtained from a shelter, rescue or small-scale breeders.
But last week, a federal judge ordered a delay in the ordinance's planned Oct. 1 implementation because of a lawsuit filed by Happiness is Pets and two other pet stores. The suit calls the Cook County ordinance unconstitutional, vague and in violation of equal protection.
“The need for an opt out ordinance goes away because there's nothing to opt out of right now,” said Robin Ward, Arlington Heights' assistant village attorney.
The same day the lawsuit was filed, Happiness is Pets owner Ronald Berning appeared before the village board asking for an exemption from the ordinance, claiming the measure would cause him to lose his business. The village board had asked staff members to look for some middle ground that would allow Berning to stay open, but ensure proper treatment of the animals he sells.
Those talks are now on hold.
“It would be premature of us, at this point, to take any further action until we've heard from the court,” said Mayor Tom Hayes. “I would hate for us to start working on something that might be superseded by a federal decision.”
It could take several months for a decision in the federal case. The next status hearing on the case is not until Oct. 22.
If a judge eventually decides the ordinance is constitutional, Arlington Heights could again decide to take up the possibility of an opt out option for Happiness is Pets, Ward said.