Alleging that recently enacted changes to Pennsylvania’s Dog Law violate numerous constitutional rights, the Professional Dog Breeders Advisory Council Inc. (Royersford, Pa.) has filed a federal lawsuit against Dennis Wolff, Secretary of the Pennsylvania Department of Agriculture.

“Since the inception of House Bill 2525, now Act 119 of 2008, the Professional Dog Breeders, along with other organizations, have expressed sincere concerns about the constitutionality of many of the new law’s provisions,” said Bob Yarnall Jr., president of the American Canine Association Inc. and board member of the PDBAC. “Unfortunately, the governor, in his desire to shut legitimate commercial kennels down, included a host of constitutionally prohibited requirements into a law that should be designed to protect the health, safety and welfare of dogs—not unnecessarily trample the rights of humans.”

The suit alleges that Act 119:

Discriminates against out-of-state kennel operators. Under the new law, out-of-state breeders must pay a $300 premium over the amount paid by Pennsylvania dealers to obtain a dealer license from the Pennsylvania Department of Agriculture. According to the complaint, state laws that have the practical effect of regulating business outside the state constitute per se violations of the Commerce Clause of the U.S. Constitution.

Subjects kennels and dealers to searches without probable cause. Under the new statute, any kennel owner who refuses admittance to a State Dog Warden for an inspection creates probable cause for issuance of a warrant based solely on the owner’s denial of entrance. Dog wardens also may enter the homes of kennel owners without a “constitutionally sufficient search warrant,” the lawsuit contends, and thus violates the Fourth Amendment to the Constitution.

Eliminates due process rights. Because a kennel must immediately stop operating a kennel when the Secretary of Agriculture issues a “cease and desist” order, a kennel owner is placed out of business without any meaningful opportunity to appeal. This violates the Due Process Clause of the 14th Amendment to the Constitution, the suit alleges.

Creates disparate regulatory schemes for similarly situated kennels. The suit alleges that Act 119 singles out commercial kennels for treatment and scrutiny far different from all other kennels that are also regulated, including extensive rules only commercial kennels must follow. This violates the Equal Protection clause of the 14th Amendment against arbitrary government action.

The suit seeks to have the federal court declare the provisions unconstitutional and to prevent the Department of Agriculture from enforcing those provisions. [May 2009 PET AGE]