Animal Legislation
New York lawyer common asks state’s prime court docket to halt NYC foie gras ban
New York Lawyer Normal Letitia James on Monday petitioned the state’s prime court docket to halt New York Metropolis’s foie gras ban in a battle over the French delicacy. (Picture from Shutterstock)
New York Lawyer Normal Letitia James on Monday petitioned the state’s prime court docket to halt New York Metropolis’s foie gras ban in a battle over the French delicacy.
In a petition filed July 27 with New York Court docket of Appeals, James argued that the town was threatening the livelihood of foie gras farmers all through the state.
James’ petition is the most recent in a long-running authorized battle over the ban. An intermediate court docket dominated in favor of the town earlier this 12 months, discovering that the ban was lawful and reversing a trial court docket ruling in favor of the state, in keeping with a story by Bloomberg Law.
The New York Metropolis Council handed the ban in 2019, describing foie gras as inhumane as a result of it requires geese and geese to be force-fed.
However New York state has a statute prohibiting native legal guidelines from impinging on the work of farmers, James argued in her petition. Nothing in that statute’s “textual content, historical past or function suggests the legislature meant to depart the commissioner powerless” towards native legal guidelines equivalent to the town foie gras ban, she wrote.
The case raises necessary questions for the state’s highest tribunal to resolve, in keeping with James.
“In spite of everything, if a big locality like New York Metropolis determined merely to ban the advertising and marketing of dairy merchandise, eggs or apples, all of that are produced on farms in agricultural districts, the general affect on New York state’s agricultural financial system could be appreciable,” James wrote within the petition.
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