Wednesday, December 16, 2015

Petland Novi continues to use no discretion in choosing suppliers

Petland Novi claims to use only breeders with no indirect violations on their “last” inspection report, however, Hillard’s Kennel from Coffeyville KS shipped puppies just eight months after being cited for four indirect violations. These indirect violations include lack of veterinary care, housing, cleaning, and sanitation. The veterinary violation was for a Shih-tzu’s with a very crusted and watery eye. “The area around the eyelid appears to be swollen. The licensee has no medial records to show dates the dog was examined.”

In addition, Johanna Abernathy & Terri Schnieders’ Quapaw OK kennel also received a wide range of violations related to housing, exercise program, feeding, watering and cleaning.  The inspector found loose, sharp metal objects, rodent droppings in food storage, waste around the dogs, no exercise program signed by a vet, chewed unsantizable food and water dishes, flies throughout the facility. 

ABERNATHY, JOHANNA & SCHNIEDERS, TERRI
USDA Licence # 73A2671

USDA inspection notes (from June 26, 2013 unless otherwise noted)
  • The self-feeder has a hole in the bottom with sharp jagged edges.
  • The food receptacle must be clean and smooth so it can be easily cleaned and sanitized.
  • The food receptacle must be clean and smooth so it can be easily cleaned and sanitized.
  • The water receptacles with chewed or roughened edges.
  • The water receptacles with roughened edges.
  • Flies in the enclosures, must maintain some plan to remove or control flies and other vermin.
  • The water receptacle must be clean and smooth so it can be easily cleaned and sanitized.
  • The food receptacle must be clean and smooth so it can be easily cleaned and sanitized.
  • Shovel full of waste form the enclosures.
  • Inside of the food storage van. Insects and rodent droppings were in the van.
  • The shelter building int he exercise yard has sharp and jagged edges the [sic] could injury the dogs.
  • Inside of the food storage van. Insects and rodent droppings were in the van.
  • Inside of the food storage van. Insects and rodent droppings were in the van.
  • The accumulation of waste around the clean out. Flies were present in the area.
  • Wheel barrel full of waste from the enclosures, should be move [sic] from the area.
  • The shelter building int he exercise yard has sharp and jagged edges the [sic] could injury the dogs.
  • Kennel buildings.
  • Kennel buildings.
























Sunday, December 13, 2015

Petland Novi frequently asked questions that can be answered in two words


Puppy Mill Awareness of SE Michigan receives all kinds of questions about Petland Novi from employees, shoppers, local residents, city council… So many people find it hard to believe that a store in a popular local mall would be doing something unethical. We all know when profits are involved coupled with the belief having any type of business is good for the economy can be a bad thing for animals. 

Q: How many complaints have been filed regarding sick dogs sold?
A: Too many.

Q: How many times has Oakland County Animal Control or the Michigan Department of Agriculture and Rural Development checked on sick animals?
A: Not enough.

Q: Does the veterinary who issues 30-day Health Certificates also offer 3 free exams to attract new customers? Is that a conflict of interest?
A: Appears so.

Q: Are there disclosure or Pet Lemon laws in Michigan?
A: Not yet.

Q: What happens if someone purchases a sick pet from Petland Novi?
A: No recourse.

Q: Does the owner of Petland Novi have access to USDA inspection reports for the kennels they source from?
A: Yes.

Q: Does the owner of Petland Novi source from breeders with prior  violations or enforcement actions?
A: Yes.

Q: Does Petland Novi work with breeders with over 200 dogs?
A: Yes

Q: How many puppies does Petland Novi sell each month?
A: 80-100

Q: What does City Council say on this matter?
A: Buyer Beware.

Q: If I purchased a sick pet who should I contact?
A: Jennifer Measel (248-702-6550)

Q: If I observed sick animals on display at the store, who should I contact?
A: Good luck!

Q: Why does Petland Novi delete my questions when I post on their Facebook page?
A: Good question.

Q: Where should I find a pet?
A: Local shelter.

Q: What will happen to the puppies if they do not sell?
A: Marked down.


If you would like to know more about Petland Novi’s breeders and business practices, please visit our blog. http://puppymillawarenessmichigan.blogspot.com/2015/03/top-ten-reasons-petland-is-michigans.html

Tuesday, November 10, 2015

Federal Judges Uphold Pet Store Sales Bans

Seven federal courts considering pet retail sale bans have now issued favorable rulings upholding pet retail sale ordinances. The United States District Court for the Northern District of Illinois twice dismissed an attempt by pet store owners and the Missouri Pet Breeders Association to strike down the pet retail ordinance passed in 2014 by Cook County Commissioners. In a similar case in East Providence, Rhode Island, the Court upheld a pet retail sale ordinance on summary judgment in March 2015. In his ruling, Chief Judge William E. Smith, Federal District Court for the District of Rhode Island, said: 

 “A government’s interest in preventing the evils associated with ‘puppy mills,’ … including inhumane treatment of animals and overpopulation, are plainly legitimate ends.” 



Most recently, after a favorable court ruling, Chicago, Illinois pet stores are still prohibited from buying puppies from large-scale commercial breeders, also known as puppy mills. Several Chicago pet store owners challenged a pet retail ordinance passed in early 2014. Also, as of October, the Eastern District of New York dismissed the New York Pet Welfare Association’s lawsuit challenging New York City’s pet shop ordinances. 

Two more U.S. District Courts upheld pet retail sale ordinances this year in Sunrise, Florida and Phoenix, Arizona. There is now only one remaining lawsuit in Palm Beach Gardens, Florida being heard in the state court. 

There is no way to predict how long the remaining lawsuit and appeals will take. Corporate counsel in each municipality recommended passage of retail bans to protect the interest of the local community and support animal welfare. Municipalities across the country started restricting pet retail sales in 2006 and there are now over 90 cities, six counties and one state with restrictions in place. 

SUMMARY FEDERAL COURT CASES: 

1. San Diego, CA – October 2014 Pet Store withdrew lawsuit. 
 2. East Providence, RI – March 2015 upheld. Pending appeal on Takings issue only. 
3. Cook County, IL – May 2015 upheld. 
4. Sunrise, FL – June 2015 upheld 
5. Phoenix, FL – July 2015 upheld. Pending appeal. 
6. Cook County, IL – August 2015 upheld. Pending appeal. 
7. New York, NY – October 2015 upheld. 
8. Chicago, IL – November 2015 upheld. 

 SUMMARY STATE COURT CASES: 

 1. Palm Beach Gardens, FL – pending.

Learn how to pass Michigan's model pet retail ordinance. http://mfca.yolasite.com/ordinance.php

Credit: Puppy Mill Free Reno and The Puppy Mill Project.

Friday, August 21, 2015

Law Firm Seeks Permanent Injunction against Mt. Clemens Puppy Store

Law Firm Seeks Permanent Injunction against Mt. Clemens Puppy Store

Plaintiffs will be attending hearing seeking a “cease and desist” order
from judge to prevent sale of sick animals
 

MEDIA ADVISORY:  Friday, August 21, 2015

CONTACT: Pam Sordyl, pmamichinfo@yahoo.com, 734-718-7100

MT. CLEMENS, MICHIGAN – Plaintiffs who purchased companion animals from Little Dogz, formally operating as Pollywood Pets located in the Gibraltar Trade Center, will be attending the first set of hearings August 24, 2015 at 10:00 a.m. at the Macomb County Circuit Court in Honorable Judge James Biernat, Sr. courtroom.

The plaintiff’s attorney Jenifer Measel of Haas & Goldstein, P.C., a Farmington Hills based law firm, is asking for a permanent injunction barring the store or its owners from selling animals.

Thirty-one plaintiffs are now included in the lawsuit filed in March 2015 seeking monetary damages for multiple violations of the Consumer Protection Act after purchasing puppies that were genetically defective, suffering from infections, and highly contagious diseases. 

Macomb County Circuit Court
40 N. Main St., Mt. Clemens, MI.
Case # 15-0702-CZ
4 Floor, Honorable Judge James Biernat, Sr.

Wednesday, July 29, 2015

Favorable Rulings for Anti Puppy Mill Ordinances



Four of the five federal courts considering retail pet sale bans have now issued favorable rulings upholding retail pet sale ordinances. In May of 2015, the United States District Court for the Northern District of Illinois dismissed an attempt by the Missouri Pet Breeders Association to strike down the ordinance passed last year by Cook County Commissioners. Although the ruling is not yet final, we anticipate that when the Court enters its final order pet stores in Cook County, Illinois, will not be allowed to sell puppies produced in inhumane, commercial, large-scale dog breeding facilities known as puppy mills. This is the second ruling upholding state and local government authority to restrict the sale of puppy mill dogs at pet stores. In a similar case in East Providence, RI, the Court upheld a retail pet sale ordinance on summary judgment in March 2015. In his ruling, Chief Judge William E. Smith, Federal District Court for the District of Rhode Island said:

“A government’s interest in preventing the evils associated with ‘puppy mills’ that both parties cite to, including inhumane treatment of animals and overpopulation, are plainly legitimate ends.”

Most recently, two more U.S. District Courts upheld retail pet sale ordinances including Sunrise, Florida and the Phoenix, Arizona. There is only one remaining federal lawsuit in ChicagoIllinois, as well as one in state court in Palm Beach GardensFlorida
There is no way to predict how long the remaining lawsuits and their appeals will take. Corporate counsel in each municipality recommended passage of retail bans to protect the interest of the local community and support animal welfare. Municipalities across the country started restricting retail sales in 2006 and there are now over 70 cities, two counties and one state with restrictions in place. Virginia was the first state to implement restrictions in March of 2015.

Learn how to pass Michigan's model pet retail ordinance. http://mfca.yolasite.com/ordinance.php

Tuesday, April 14, 2015

Eleven Plaintiffs File Lawsuit Against Trade Center Pet Store


Law firm seeks permanent injunction against Pollywood Pets/Little Dogz

PRESS RELEASE: April 14, 2015

CONTACT: Pam Sordyl, pmamichinfo@yahoo.com, 734-718-7100

MT. CLEMENS, MICHIGAN – Eleven plaintiffs who purchased companion animals from Little Dogz, formally operating as Pollywood Pets located in the Gibralter Trade Center, have filed a lawsuit seeking monetary damages for multiple violations of the Consumer Protection Act in the Macomb County Circuit Court after purchasing puppies that were genetically defective, suffering from infections, and highly contagious diseases.

The complaint is also requesting a permanent injunction barring the store or its owners from selling animals.

The plaintiffs are represented by attorney Jenifer Measel of Haas & Goldstein, P.C., a Farmington Hills based law firm. These animals were advertised by the store and its owners as healthy and suitable for family pets but the end result was that most of the animals had to be euthanized shortly after purchase. The animals that did survive cost the plaintiffs thousands of dollars in ongoing veterinary care.

The named defendants in the lawsuit are Pollywood Pets, Little Dogz, Shelley Myers, and David Myers. The complaint also alleges fraud, claiming the store and its owners knowingly sold animals to the plaintiffs that were genetically deformed and had deadly and highly contagious diseases.

Other lawsuits have been filed against the store and its owners in the past.

Last week, Myers claimed the store’s lease had not been renewed after twenty-four years of operation at the Trade Center after a local animal welfare group put pressure on the Trade Center. Myers was seeking funding to rebuild the business on a GoFundMe site that is no longer active. During the pet store’s tenure at the Trade Center, Shelley and David Myers sold dogs, cats, rabbits, small animals, and birds out of a storefront. Multiple complaints of sick and dying animals were reported to the local and county Animal Control Offices and the Michigan Department of Agriculture and Rural Development who formally regulated pet stores.

Puppy Mill Awareness of Southeast Michigan launched a public education campaign in front of the Trade Center and online warning patrons of the condition of the animals being sold. During weekly protests, the animal advocates collected testimony from families who had purchased ill or genetically defective animals and advised them to file complaints.

“During our sixteen-month campaign, twenty individuals stated they purchased a sick animal from the store during that timeframe.” Pam Sordyl, Founder of Puppy Mill Awareness. “We heard so many heartbreaking stories. One woman told us her new Yorkie was diagnosed with kennel cough and pneumonia a week after purchase. Her pet was suffering, almost died, and the pet store refused to help claiming the illness was brought to their attention after the 48-hour rule stated in the contract.”

A lack of funding ended the Pet Shop Program regulating pet stores in Michigan, however, many local agencies are now enforcing the pet store laws and regulations. Both Greenwood Pets & Plants located in Warren and Pet Station in Dearborn were shut down for violating these laws and selling sick animals. Mt. Clemens employs a part-time officer who also handles parking tickets.

Today’s lawsuit seeks to protect members of the general public from unknowingly purchasing over bred, genetically deformed, and diseased animals represented as “family pets.” Those wanting to add a pet to their household are encouraged to adopt from their local shelter or foster-based animal rescues organizations, many of whom specialize in specific breeds, or thoroughly research and personally visit the breeder from whom they intend to purchase an animal. T

o follow the progress of this case, click below http://courtpa.macombgov.org/eservices/?x=wxG5daYLjb7kQSzAUaWovzJeG7rtMufm0Qpu9pF1k0ynReXeT8XMSxJdMm-MIQjlKMtPKcWgs9BgzNvuRD*NPQ

Tuesday, March 24, 2015

Top Ten Reasons Why Petland Is Michigan's Worst Pet Store

 
 
Petland Novi has not only imported sick puppies from the “Puppy Mill Belt of America”, but the store has continuously brought unfavorable local and national media attention, including WXYZ’s The Investigators. Petland is the nation’s largest puppy retailer with over seventy (70) locations in the United States and only one store remaining in Michigan, located at Twelve Oaks Mall in Novi.

#1 Petland Novi’s breeders have shocking inspection reports, photos and videos showing injured and untreated animals 
 
Contrary to Petland’s “front-yard” breeder photos provided to the Novi City Council, Puppy Mill Awareness collected 700 USDA photos taken during kennel inspections. The photos don’t lie. This enormous photo collection from twenty-four (24) different breeders who have supplied puppies over the last five years clearly shows the store has no standards and uses no discretion when choosing suppliers. The photos show underweight, injured and untreated animals in housing facilities with no primary shelter or access to shelter, some without shade, wind or rain breaks, overcrowding conditions, excessive feces, surrounded by grime and filth. Watch videos here.
 
#2 Petland Novi uses mega-sized kennels, some with over 500 adult dogs 
 
The puppies sold at Petland Novi are often unhealthy because they are over-bred in mega-sized commercial kennels in unsanitary conditions without consideration of genetic quality. This results in generations of dogs with unchecked hereditary defects. Mass production of puppies in unsanitary kennels harbor diseases and illnesses that travel with the puppy to the pet store and can be shared among other puppies from other puppy farms on the broker transport truck. One supplier, Opal Featherston (Whiting KS) topped the charts with 773 adult dogs during a USDA inspection. Petland Novi has continued to work with large breeders over the last several years including:
°         La Nae and Justin Jackson (340 dogs)
°         Daniel Schlabach, Evergreen Designers LLC (298 dogs)
°         Philip M. Hoover LLC (295 dogs)
°         Mark Landers (275 dogs)
°         Freeman Raber (239 dogs)
°         Julie Snidow (214 dogs)

#3 Petland Novi ships 60-160 puppies per month from out-of-state commercial breeders where families can not meet the parents

Petland Novi is considered a high-volume “box” puppy retail store averaging 88 new puppies per month – this is no “mom and pop shop”! The store is part of our nation’s largest puppy-selling franchise with a corporate office in Ohio. Petland Novi shipped puppies from over 100 different out-of-state breeders over the last five years. Puppies are shipped from the Midwest “puppy mill belt” including Arkansas, Iowa, Kansas, Minnesota, Missouri, Ohio and Oklahoma where families can not easily check conditions or meet the parents. Petland Novi’s out-of-state breeders are not helping Michigan’s economy; in fact, they are hurting families who have to cover expensive and sometimes long-term veterinary care.  Complaint Report
 
#4 Petland Novi has a history of working with bad breeders
 
The conditions of dogs housed at Petland Novi’s kennels have been consistently documented as appalling. Puppy Mill Awareness’ 2009-2010 Petland Supplier Study showed most of Petland Novi’s breeders (11 of the 16) had non-compliances to the Animal Welfare Act including excessive feces, no heat, performing surgeries, unattended bite wounds, excessive hair mats, low voltage fencing, minimum floor space, cats with backbone and ribs showing, dirty dogs, lack of bedding and shade, accumulated grime and lack of veterinary care. Petland Novi management has access to USDA inspection reports online prior to ordering puppies, yet the store continues to use breeders with violations including direct, indirect and repeat violations. Four of Petland Novi’s 2014 breeders had violations related to veterinary care and Petland Novi still purchased puppies from these breeders:
 
(1)   Julie Snidow (Missouri) Mar-13 a female Maltese has a left eye that is a light cloudy blue color with no visible pupil
(2)   La Donna Dailey (Missouri) Aug-14 one adult female French Bulldog displayed patchy area of hair loss over the shoulders and back and two smaller areas of open lesions on the face.
(3)   Michelle Houck (Kansas) Mar-13 a Chihuahua on wire flooring is in need of foot care.
(4)   Evergreen Designer (Ohio) Mar-2011 one dog was missing it’s left eye and the right eye had a 2-3 mm attached mass with a thick discharge.  Other observations included dog limping; a dog with a cloudy eye; dogs with diarrhea; a dog with runny nose and coughing; a dog with thick, hairless skin covering her tail and around her rear end and a walnut sized firm mass in her left rear mammary gland; a dog with scabs and ulcerations on his muzzle; a dog that was underweight. The licensee stated the underweight dog had weaned puppies about three weeks ago, but hasn’t gained much weight as she fights with other dog over food.
 
 
 
#5 Enforcement Actions were filed against fourteen (14) of Petland Novi’s suppliers
 
The USDA has filed Enforcement Actions against fourteen (14) of Petland Novi’s breeders within the last five years. The violations included failure to provide adequate veterinary care, outdoor housing facilities, health certification and identification, access to records and property, feeding, water, shelter from the elements, adequate primary enclosures, adequate cleaning and pest control. Petland Novi shipped puppies from six (6) of these kennels after Enforcement Actions were issued. One of these violator’s USDA license was revoked.
 
Enforcement Actions were filed against fourteen (14) of Petland Novi’s suppliers over the last five years:

(1)    Shauna Engelken (Kansas), agreed to a settlement 9-Aug-13 which required her to sell or transfer ownership of any dogs on the premises within 12 weeks. Engelken’s license was revoked. Engelken supplied Petland Novi 20 puppies during 2010-2011.

(2)    Kimberly Coleman/TLC’s Kennel (Missouri) was fined $8,250 by the USDA for violations of the Animal Welfare Act. 30-May-2010

The following Petland Novi suppliers received an Official Warning Letter.  
(3)     Angelia Kochs, MO 2-Jan-14
(4)     Linda Baker, OK 5-Nov-14
(5)     Mid-America, MO 5-Jun-13
(6)     Judy Raney, KS 26-Jun-13
(7)     Justin & La Nae Jackson, KS 29-Jul-13
(8)     Marla & Roger Campbell, KS 26-Sep-12
(9)     Phyllis Disque, IA 2-Feb-11
(10)   Mark Landers, MO 24-May-11
(11)   Daniel Schlabach, Evergreen Designer, OH 10-Jan-12
(12)   Orus Mast, OH 15-Dec-10
(13)   KimberlyColeman, MO 12-May-14
(14)   Lori Fedders, IA 19-Apr-11
(15)   Hallie Ade, KS 30-Nov-12
 
#6 Petland Novi breeders have been exposed by the Humane Society of the United States (HSUS) and The American Society for the Prevention of Cruelty to Animals (ASPCA)
 
Petland Novi breeders have been repeatedly exposed by the Humane Society of the United States (HSUS). Petland’s large breeder in Missouri - MAM Kennel, was featured in the HSUS’s 2008 eight-month investigation shown on Animal Planet. The kennel was cited for “no vet care for two years…, dogs without even the required minimum of cage space…and several rusted cages with sharp protruding wire. In 2013, four of Petland Novi’s breeders were listed on the HSUS’s “Horrible Hundred” Breeder List. — HSUS Petland Study
 
The American Society for the Prevention of Cruelty to Animals (ASPCA) bolstered its campaign against puppy mills by showing over 10,000 photos of sick puppies and harsh kennel conditions taken by the federal agency that licenses commercial breeders. The press release for this website included Rod and Lindsey Rebhan heartbreaking story after purchasing a puppy from Petland Novi.
  
#7 Petland Novi uses puppy brokers or “middlemen”
 
Petland Novi claims to know their breeders well through regular kennel visits; however the store primarily uses brokers who supply puppies from a collection of breeders. Petland Novi uses two brokers: Abe N. Miller/House of Pets/D M L Kennel/Quail Creek Kennel, (Fresno OH) and Patrick Fulton/Fulton Enterprises (Alden MN). Miller supplied 75% of the puppies during the 2014 holiday season - approximately 60 per month. USDA inspection reports showed Miller was not only working with unlicensed breeders, but as a breeder himself, he was also cited for non-compliances to the Animal Welfare Act in the regulated areas of housing, primary enclosures, cleaning, veterinary care, records, compatible grouping, feeding and identification.
 
Linda Baker/Okie Pets (Ketchum, OK) another 2014 broker, was cited for veterinary care in 2012, 2014 and 2015! Enforcement Actions were taken against Baker in 2014 for repeat violations related to veterinary care including English Bulldogs with swollen lesions between their paws, a Pekingese with issues in her eye and Poodles with dental issues.
 
#8 Over 100 complaints have been logged related to Petland Novi
 
Complaints have been reported to local Animal Control, the Michigan Department of Agriculture and Rural Development, PetShopPuppies.org, Puppy Mill Awareness of Southeast Michigan, and the Better Business Bureau. Many complaints are related to sick puppies sold. Some illnesses, such as Coccidia and Guardia, can be passed to humans. Luxating Patella issue is almost always seen in poor breeding, especially in toy breeds. PetShopPuppies.org revealed the following problems noted by customers who had purchased puppies from Petland Novi. Petland Novi Complaint Log

o    Allergies
o    Severe vomiting & diarrhea
o    Bloody Diarrhea
o    Bowed Legs
o    Breathing problems
o    Cataracts
o    Coccidia
o    Congenital Megaesophagus
o    Crystals in urine
o    Cysts
o    Demodectic Mange
o    Diarrhea
o    Brain Tumor, died at age 5.
o    Ear infections due to allergies.
o    Ear Mites
o    Giardia
o    Heart Murmur
o    Hermivertebrae
o    Intestinal Parasites          
o    Kennel Cough
o    Kidney failure
o    Luxating Patella
o    Misaligned teeth
o    Probable Tracheal collapse
o    Regurgitation
o    Runny nose
o    Seizures
o    Severe underbite.
o    Sneezing
o    Stomach problems
o    Tooth resorption.
o    Treated for URI while in pet store
o    Underweight
o    Upper respiratory illness
o    URI
o    UTI

#9 Petland Novi has been the subject of local investigations including (WXYZ Detroit) The Investigators 

Not only has the Humane Society of The United States included Petland Novi’s breeders in their investigative reports, but locally, Petland Novi has been exposed on Channel 7 (WXYZ Detroit) twice for selling sick animals. In 2009, a couple purchased a bulldog that later died from pneumonia. One month later, The Investigators were called about more allegations of sick animals. Several attempts had been made to talk to the owners of both of the local Petland stores. They have refused to do an on-camera interview with The Investigators. In 2011, the Michigan Department of Agriculture found that Petland Novi was importing puppies without proper vaccinations and missing certificates (Work Orders 6901 and 7049).  Rocky’s Story (WXYZ Detroit) and Laci’s Story (WXYZ Detroit)

#10 Petland Novi offers discounts for favorable online reviews.   

Petland Novi increased their favorable YELP reviews by 67% over last year by offering discounts to potential customers. The store claims these are real reviews, but some of these reviews are from shoppers that have not visited the store - Jessica Y. posted “Love them! Can’t wait to adopt a puppy!!! We are planning to go today. I hope this place is more promising than these reviews. I ‘loved’ them on yelp for $200 off.” This is considered unethical by YELP. Most of the favorable reviews were posted recently after the animal advocacy event, Human Chain Rally, was announced in 2014. Many unfavorable can be found online (11 total on Yelp).