NEW YORK (AP) 鈥 The animal rights group PETA’s over the health of and some other popular dog breeds has been dismissed, with a judge saying a New York law was misapplied to the case.
The suit, filed last year, marked a new front in the PETA’s long-running campaign against dog breeders. The case accused the American Kennel Club of promulgating unhealthy 鈥渟tandards,鈥 or ideals, for Frenchies 鈥 the nation’s , by the club’s count 鈥 as well as bulldogs, Chinese shar-peis, and pugs. The AKC, the nation’s oldest purebred dog registry, rejected the claims and said it prioritizes canine health.
Club President Gina DiNardo hailed the decision Tuesday.
鈥淲e remain focused on what matters most, the preservation of purebred dogs, advocating for all dogs and the people who care for them, and supporting the right of individuals and families to choose the dog that is right for their household,鈥 she said in a statement.
PETA, also called People for the Ethical Treatment of Animals, said its lawyers were assessing any legal options.
鈥淢oney-grubbing dog merchants flood the market with deformed dogs bred at the AKC鈥檚 direction,鈥 founder Ingrid Newkirk said in a statement. She urged people to adopt dogs from shelters instead of buying purebred pups: 鈥淣o dog should be custom-made for a look that causes pain.鈥
The suit invoked a New York law that is generally used to challenge state and local government decisions, though it’s occasionally applied to private organizations. But those have been organizations with some authority over the people suing them, such as union members bringing complaints about their leadership or co-op apartment residents suing their building’s board, state Judge David B. Cohen said in a decision filed Monday.
Since PETA isn’t subject to the kennel club’s authority, the case 鈥渕ust be dismissed,鈥 he wrote, without opining on the dog health issues at the heart of the case.
It focused on canine ailments that can be associated with flat faces 鈥 such as those of bulldogs, pugs and Frenchies 鈥 or with the short legs and long backs that dachshunds have. Shar-peis, meanwhile, may suffer spates of fever and inflammation known as 鈥渟har-pei autoinflammatory disease.鈥
The problems aren’t universal but can be serious.
PETA had wanted the judge to order the AKC to stop using the 鈥渟tandards鈥 for those breeds. The standards guide dog show judges and many breeders.
The AKC has said the standards 鈥 which fanciers develop and the kennel club reviews and circulates 鈥 reflect 鈥渄ecades of collaboration with veterinary experts and breeders.鈥 The kennel club says it has given over $40 million since 1995 to its canine health research charity.
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