The proposed ordinance prohibiting “formula retail pet supply stores” along Geary Boulevard didn’t just catch our attention in March, but the attention of Petco as well, the formula retail at which the ordinance was aimed:
Petco sent a letter to Mar and the City Attorney’s Office calling the proposal illegal. “We believe the proposed ordinance exceeds the city’s police power, infringes on the project sponsor’s equal protection rights and, if enacted, would be invalid under federal and state law,” said the letter from Andrew Junius, of the Rueben and Junius law firm, which is representing Petco.
Despite Petco’s legal questions, the bill moved forward in the legislative process with a unanimous vote of support from the Small Business Commission on May 9. “I don’t know if it’s going to get all the way to the Supreme Court … to find out if it’s legal or not,” commission President Luke O’Brien said. “I don’t think that we are going to turn this down because we are afraid that it’s not legal. I think we’ll take our chances on that.”
City Attorney spokesman Jack Song said of the proposed legislation that “we are confident that we will reach an outcome that is legally sound and in the best interests of The City.”