Puppygram sues city of Louisville, KY AG over pet retail ban ordinance

This story has been updated with additional information.

A Louisville pet store has filed a lawsuit against city officials and Kentucky Attorney General Russell Coleman after receiving several fines for violating a Louisville ordinance aimed at shutting down "puppy mills" in the area.

Puppygram Com LLC filed a lawsuit against the Louisville Metro Government, Louisville Codes and Regulations Department officials and Attorney General Russell Coleman on Oct. 8 over the ordinance, calling it "unconstitutional." The store owners are calling for injunctive relief and a restraining order, which would prevent Louisville from enforcing the ban until further court action.

According to records provided by Louisville Metro Animal Services, animal control officers observed dogs for sale at the store on South Hurstbourne Parkway and issued five civil penalties to the business between Oct. 3-7. The violations, which carry a $500 fine, have since been turned over to Jefferson County Attorney Mike O'Connell's office, LMAS spokesperson Stephanie Jackson said.

On Monday, Judge Tracy Davis set the next appearance for 9 a.m. on Dec. 4, allowing O'Connell's office to file its own injunctive relief for ordinance enforcement, offer a response to the restraining order and give the defendants a 14-day period to respond.

Supporters of the ordinance hope it will prevent consumers from buying animals sourced from "puppy mills" or "kitten mills" — commercial operations that breed animals in large numbers with little regard for animals' health — but still allow private breeders and rescues to operate.

Todd Blevins, the Kentucky director for the Humane Society of the United States, previously said most stores selling dogs using a retail model "by and large, are getting them from puppy mills."

However, the business owners argue in the lawsuit they are being "unfairly discriminated against" because they do not source from puppy mills, instead working with breeders that follow state and federal regulations. The company also says it maintains health records and provides routine veterinarian treatment for its animals.

The lawsuit also alleges the ordinance is "unconstitutional" and will create a monopoly for local breeders and rescues, likely putting Puppygram out of business. By prohibiting retail of cats and dogs locally, Louisville consumers could also turn to unregulated online sellers that get their animals from "unknown" sources and put consumers at risk of scams, the lawsuit claims.

In a statement to The Courier Journal, Metro Councilman Stuart Benson, who sponsored the ordinance, said the council "worked with the Jefferson County Attorney's Office to craft an ordinance that protects animals and is constitutional."

Louisville is one of hundreds of municipalities around the country that have similar bans, including Radcliff and Elizabethtown. Some states, including California, Illinois and Maryland, have total bans.

This story may update.

Reach reporter Eleanor McCrary at [email protected] or at @ellie_mccrary on X, formerly known as Twitter.