East Providence ban on dog, cat sales heads to federal court
PROVIDENCE —This case has gone to "the dogs."
East Providence and the proprietors of The Perfect Puppy have entered into an agreement suspending the enforcement of a ban on the sale of cats and dogs pending a hearing on the matter, City Solictor Tim Chapman confirmed Monday afternoon, June 9.
Mr. Chapman said the city requested the move of the matter from State Superior Court to Federal District Court, which was granted, earlier Monday.
The Solicitor said the lawyer for Scott Bergantino, who operates the pet store located at 1235 Wampanoag Trail, went to Superior Court late last week where the judge issued a motion delaying the implementation of the dog and cat sale ban ordinance, passed last Tuesday evening, June 3, by the 4-0 vote of the City Council.
Monday's Superior Court hearing was supposed to determine the constitutionality of the ordinance. Mr. Chapman said he and Mr. Bergantion's attorney, Lesley Rich, agreed to allow Perfect Pets to remain open and to not enforce the ordinance until the case is heard in District Court. The City Solicitor said he expects that to take place in "seven to 14 days."
"He can stay open at least until we have a conference with the Federal Court judge," Mr. Chapman added.