Justice Department Secures Order Against Michigan Pet Store Owner to Allow Inspectors Access to Assess Health and Well-Being of Animals

A federal court last week issued a temporary restraining order against K&M Pets LLC which owns a pet store in Saginaw, Michigan, that sells and offers encounters with exotic animals. The order was issued based on claims that K&M Pets had repeatedly refused to allow Department of Agriculture (USDA) officials access to inspect its facilities, animals, and records in violation of the Animal Welfare Act (AWA). “This case shows that there are consequences for dealers and exhibitors who violate the obligations of their license and attempt to evade the Animal Welfare Act requirements that protect the health and safety of the animals in their care,” said Deputy Principal Assistant Attorney General Adam Gustafson of the Department of Justice’s Environment and Natural Resources Division. “The Animal Welfare Act exists to protect these animals, and the Department of Justice will vigorously enforce this law and hold to account those who violate it.” “This action demonstrates the shared commitment of the U.S. Department of Justice and the U.S. Department of Agriculture to use all available tools to ensure the effective and expeditious enforcement of the Animal Welfare Act,” said General Counsel Tyler Clarkson of the USDA. The Department of Justice filed a complaint for injunctive relief in the Eastern District of Michigan on Feb. 24 — followed by a motion for temporary restraining order and preliminary injunction three days later — alleging that K&M Pets engaged in a pattern and practice of attempting to avoid its AWA obligations. According to the complaint, the pet store operated by K&M Pets sells dogs and exotic animals, and has evaded federal oversight by denying inspectors from USDA’s Animal and Plant Health Inspection Service (APHIS) access to its facilities, animals, and records. During the latest attempted inspection in January, the APHIS inspector — who was ultimately unable to conduct an inspection — observed concerning conditions in the public areas of the pet store facility, including animals in enclosures without water or shelter and a sloth that was exposed to harsh drafts of negative-22-degree Michigan winter weather. USDA referred this matter to the Department of Justice based on concerns of potential conditions animals faced by in facilities operated by K&M Pets. The temporary restraining order will help USDA assess the health and well-being of animals in K&M Pets’ possession. This lawsuit follows Attorney General Pamela Bondi’s “Prioritization of Animal Welfare Enforcement” memorandum and furthers the Department of Justice’s goal of combatting animal cruelty. USDA’s APHIS is investigating the case.