Court dismisses International Fur Trade Federation’s complaint in victory for animals.
On July 16, 2020, the U.S. District Court for the Northern District of
California dismissed a constitutional challenge to San Francisco’s ban on
the sale of fur products. The International Fur Trade Federation filed its
lawsuit against the City and County of San Francisco in January 2020. The
Animal Legal Defense Fund and the Humane Society of the United States
intervened in the lawsuit, to defend the ordinance’s constitutionality and
preserve San Francisco’s right to ban fur.
Spearheaded by San Francisco Supervisor Katy Tang, the fur ban was
unanimously approved by the San Francisco Board of Supervisors in 2018 and
went into effect on Jan. 1, 2019 — while allowing retailers until the end of
last year to sell off existing inventory. San Francisco’s ban built on the
successes of West Hollywood and Berkeley passing similar legislation, and
paved the way for Los Angeles and, finally, the state of California, to pass
similar humane legislation in 2019. Given the wide array of faux fur
products and similar alternatives available to the fashion industry, the San
Francisco ordinance was aimed at preventing animal cruelty and environmental
impacts associated with fur production by banning fur sales in the City.
More than a year after the ordinance took effect, the International Fur
Trade Federation responded by filing a lawsuit which sought to strike it
down as unconstitutional. The court disagreed, and issued a decision making
clear that the Constitution’s Commerce Clause does not preclude San
Francisco from ridding its marketplace of cruel fur products.
“The challenge to San Francisco’s ban was a test from the opposition to the
constitutionality against all fur bans, as this legislation gains momentum,”
says Animal Legal Defense Fund Executive Director Stephen Wells. “The Animal
Legal Defense Fund will continue to defend fur bans, and other animal
protection legislation, as voters fight back against systematically cruel
industries that profit from the exploitation of animals.”
Animal fur — from animals like foxes, minks, raccoon dogs, and many others —
is produced under inhumane conditions to maintain the integrity of the skin,
also known as the pelt. Animals are kept in small, filthy cages — typically
stacked on top of one another, with waste falling onto the occupant below —
before being suffocated, electrocuted, gassed, or poisoned. In anal or
vaginal electrocution, electrodes are attached to the animal’s face and
genitals to induce a heart attack. Animals are commonly skinned alive with
no painkillers while fully conscious. Unable to engage in any of their
natural behaviors, animals on fur farms routinely resort to self-mutilation,
obsessive pacing, and infanticide.
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