City Will Study Possible Ordinance Urged by Puppy Mill Opponents

Sydney Cicourel was in tears. But they were of victory after the La Mesa City Council ordered city staff to study a possible ordinance meant to stop the retail sale of "puppy mill" dogs.

"I feel elated," Cicourel said of the group's first attempt to get such a law passed in San Diego County. "Any time they leave the door open is significant and positive."

In a marathon council meeting Tuesday, Cicourel and supporters of her San Diego Stop Puppy Mills group argued emotionally for a law that would prevent stores from selling any dogs but ones that come from animal shelters or rescue operations.

"We got rid of Pet Works," said one of the 15-20 group members in attendance, "but someone is going to spring up in their place."

Council members showed sympathy for their cause, and voted 5-0 to have city staff look into the issue in the wake of  weekly protests outside the now-closed Pet Works store in Grossmont Center and a Saturday march at the mall.

In response to a recent military veteran's story about buying a diseased terrier from Pet Works to help treat his PTSD, Mayor Art Madrid told his fellow ex-Marine: "You were gypped out of your money, your companionship. ... We really need to take a stand here. When someone buys a puppy and two weeks later it dies, that's a crime. That's outrageous."

But Councilwoman Ruth Sterling read two constituent letters critical of the idea, and other council members raised concerns of how a law might morph into restrictions for other types of stores and products with unintended consequences.

Sterling read a letter from Scott Kidwell urging the city to "do the right thing: Take no action," slamming the "current trend to elevate animal rights to human rights" and declaring that the "City Council is not the right place to petition for change."

Kidwell said "the market" would deal with stores selling dogs from puppy mills.

Sterling also read a letter from local business owner David Smyle—also a La Mesa Chamber of Commerce executive—who said backers of an ordinance should focus on stopping puppy mills and not block local stores from selling legal items.

"If the proponents have credible evidence [of wrongdoing], it should be sent to the proper authorities," Smyle was quoted as writing.

Sterling said the group's proposal to ban the sale of nonshelter-supplied animals, similar to a West Hollywood ordinance, went against "the Republican side of her."

She blanched at the idea that "you can't sell this or you can't sell that," and said: "It's not against the law" to sell puppies supplied by commercial breeders.

Sterling said she once went to a private breeder in Vista for a dog, but  "I haven't gone to a pet store for anything but frogs."

When asked after Tuesday's 3 1/2-hour meeting about the timeline for crafting an ordinance, City Manager David Witt needed a moment to compose a reply.

Witt said various city departments would be asked to weigh in, and "we'll be looking at a whole range of options," including whether the city might simply urge state lawmakers to tackle the issue.

"I didn't hear [the council] say 'in 60 days or 90 days' " to have a report ready, he said. In fact, Witt said it would be the second quarter of 2011—April to June—before he expected to report to the council.

"There are some big issues," Witt said, including possible restraint-of-trade concerns and the need to assure a "legal basis" for an ordinance that could face a court challenge. "That's why our research will take a while."

For just over an hour Tuesday, Cicourel and several backers took turns at the lectern, first showing undercover videos of ugly Midwest breeding operations and then describing sick and dying puppies bought at Pet Works, which closed last week after 10 years at Grossmont Center.

Cicourel told the council: "You're the first stop in San Diego County" for an ordinance push. The San Diego resident said other cities, including Santee, would be targeted as well.

Councilman Ernie Ewin suggested that people could be more responsible in their dog purchases but noted that puppies were "one aspect important to you" for protection. "What's going to be next?" 

Cicourel called that argument a "red herring" and said the city has a moral responsibility "not to mislead people about [puppies being sold by] Happy Farms."

Mayor Madrid defended the city's interest in looking after its residents' health and safety, and noted that La Mesa was the first East County city to establish a farmers market—with tough rules and inspections that assured booth operators were in fact growing what they sold.

"We already do protect the public in a number of areas," Madrid said.

Cicourel replied that the city should survey its residents on whether the city should act against "puppy mill" dog sales.

City Manager Witt told the council that since he's been on the job, he wasn't aware of any complaints about Pet Works. And Police Chief Al Lanning said he spoke to his animal-control officer, who had found "no substantive violations" by Pet Works.

A few people had called about dogs in window-facing cages being exposed to the sunlight for "a short period of time," Lanning said. The store was advised to rotate them.

Madrid said the council invited Pet Works owner Richard Fuller to speak, "but he declined."

During the debate, Cicourel asserted at least three times that "100 percent" of the dogs sold by Pet Works came from puppy mills, mainly in the Midwest.

When asked after the meeting whether she could document that claim, she said only that she had the strong belief, supported by three large animal advocacy groups including the ASPCA, that she was correct.

Summarizing the hourlong exchange, Madrid said: "We got a little bit of education tonight."

For her part, Cicourel wasn't daunted by council reservations on over-reaching—and brushed off a worry that grocers couldn't sell chickens because the birds' heads were torn off inhumanely in the slaughter process.

"When you work in a movement like this, you have to focus," she said.  "[We're] not concerned about chickens."

Cicourel said: "I did get what I want," and was "gratified they will move forward. They just need more information for this battle."