The ordinance prohibits the sale of dogs and cats older than 6 months that have not been sterilized. It also prohibits the sale of dogs and cats younger than 6 months "without proof of purchase of spay or neuter services from a licensed veterinarian ... that such services will be rendered by the age of 6 months," according to the ordinance.

Petland reportedly filed its lawsuit after the local dog warden threatened enforcement of the law, passed in June 2004, if store officials could not produce documentary evidence.

To satisfy the ordinance, the Athens Petland provides its customers with a certificate for a free spay/neuter, said Petland spokeswoman Debbie May.

”However, further enforcement of the ordinance by the city would include fining Petland $100 for every Petland pet an owner chooses not to spay or neuter after they take the pet home. The ordinance, as interpreted by the dog warden, would impose a legal responsibility on Petland for decisions made by the customer.”

In news stories, Athens officials deny that the spay/neuter law discriminates, and say they had to act to reduce the 3,000 cats and dogs the animal shelter kills each year.

Counters May, “Since the opening of Petland Athens in May 2004, we at Petland have repeatedly offered to help the local community with stated concerns about pet overpopulation.”

For example, she said, Petland has opened display windows in its Athens store for accidental litters of puppies and kittens and offered to conduct adoption days outside Petland for mature homeless pets.

”We are saddened to say that local pet welfare organizations in Athens have shown no interest in saving pets’ lives by letting Petland help. We’d still like to grow our Adopt-A-Pet program in Athens and help find families for the community’s homeless pets.” [June 2005 PET AGE]