Stamford Board of Representatives passes ban on sale of cats and dogs, setting up potential legal battle
The mayor has 10 business days from when she gets the bill to either sign it or veto it - and Sherwood says that clock started Tuesday.
The Stamford Board of Representatives has passed a ban on the sale of cats and dogs in pet stores, bringing a legal battle that has been going on inside the city for years to a potential tipping point.
Board President Nina Sherwood says there are legitimate concerns over breeding, treatment and living conditions of the animals - an issue which has resonated with voters.
"We had over 170 emails, and that's a lot," said Sherwood. "If we get five or six on an issue, we tend to like take a look and say, 'Oh my God, people are really interested in this.'"
But as the Connecticut State Department of Agriculture confirms to News 12, "(state law) governs the licensing and operation of animal-related businesses, including pet shops, in Connecticut."
Based on that, the City of Stamford Law Department has said multiple times in the past that its interpretation is that the board and mayor do not have the power the ban the sales, which helped sink a similar ordinance when it was almost passed in 2019.
"Corporation Council Attorney (Michael) Toma, from the City of Stamford, says that the Department of Agriculture had called the city's Law Department and told them the State of Connecticut's Department of Agriculture was going to sue us," remembered Sherwood.
However, others who have read through the Connecticut General Statues say there is room for debate over what towns and cities are actually allowed to do.
"The law does not specifically state that we can't pass our own law, but it's a little bit gray," said city representative Karen Camporeale, who co-sponsored the ordinance.
To try clear of that gray area, state lawmakers have tried introducing a bill to clarify the law and put in writing that municipalities can, in fact, issue their own bans on selling cats and dogs a few times - including this past spring, but it has never passed because time ran out on the floor.
While Stamford lawyers have also pointed to this to say if the state wanted cities to have the power, it could have given it to them, Sherwood, instead, sees it as a punt on making a decision.
She tells News 12 that since it seems like they were never going to get an answer on the law from the state government, the city might as well just pass the ordinance and get an answer that way.
"Some brave municipality in the state of Connecticut needed to have the courage to pass this legislation, so that if its going to get challenged in court, at least its going to get challenged, and an actual judge will make a decision," said Sherwood.
But before that can happen, Stamford Mayor Caroline Simmons has to sign it.
Because the city's lawyers already ruled they believe it is illegal, they would have to recuse themselves from any lawsuit that either the state or a private business would bring against Stamford, and the city would have to hire outside council, potentially at the cost of taxpayer dollars.
"Humane World for Animals has done extensive research on state statue in Connecticut," said Sherwood, in response. "They even went as far as to find a law firm that will do it for us pro bono."
"The reward outweighs the risk," added Camporeale.
The mayor has 10 business days from when she gets the bill to either sign it or veto it - and Sherwood says that clock started Tuesday.
While News 12 reached out to her office, but no one provided an answer about what she plans to do or when she plans to do it.
