New york city ivory restriction for antiquarians voided by United States appeals court

A federal appeals court on Wednesday stated unconstitutional part of a New york city law that enforced difficult limits on the sale of ivory and rhinoceros horns, voiding limitations on sales and instore display screens by antiques dealerships.

The 2nd U.S. Circuit Court of Appeals in Manhattan nevertheless let stand much of the 2014 law, agreeing with New York and animal rights advocates that the law signed by then-Governor Andrew Cuomo was not preempted by federal law.

In striking part of the law, the court called it wider than needed to promote New york city's considerable interest in stopping illegal ivory sales in the state, noting that it likewise covered products that might be sold lawfully interstate or globally.

In a joint viewpoint, Circuit Judges Pierre Leval and Myrna Perez stated prohibiting dealers from communicating most importantly. important details to lawful purchasers about the quality and. credibility of ivory items was an excessive problem on speech.

Beginning in 1973, Congress mostly banned ivory sales. through the federal Endangered Species Act, but has actually offered. exceptions for products that were less than 50% ivory.

New york city's law went even more, offering exceptions just for. goods that were less than 20% ivory, and subjecting violators to. fines of $3,000 and larger.

Sponsors stated New York's law was needed due to the fact that elephant and. rhinoceros populations were declining in Africa and Asia, with. 96 elephants butchered every day.

Ivory comes from elephant tusks. Animal rights groups have. approximated the international ivory trade at $23 billion annually.

A spokesperson for New york city's Department of Environmental. Conservation, which imposes the ivory law, stated the agency is. evaluating the choice.

The law had been challenged by the Art and Antique Dealers. League of America and the National Antique and Art Dealers. Association of America.

Their legal representative Caleb Trotter, of the Pacific Legal Structure,. stated the decision showed New York went too far in restricting. the marketing of lawful antiques and works of art.

Circuit Judge Richard Sullivan dissented from the choice,. saying the Endangered Species Act preempted New york city's law. He. concurred that the speech limitations were inappropriate.

Ralph Henry, senior director of lawsuits for the Humane. Society, which was associated with the case, invited the decision,. saying the court upheld the law to eliminate the unlawful ivory. and rhino horn trade within (New york city's) own borders.

The case is Art and Antique Dealers League of America Inc et. al v. Seggos et al, 2nd U.S. Circuit Court of Appeals, No. 21-569.

(source: Reuters)