Johnson v. Center for Animal Care & Control, Inc.

OPINION OF THE COURT

Herbert Kramer, J.

Can New York City make a law requiring the sterilization of all dogs that fall into the hands of the dog catcher without offending the Constitution?

When, in mid-March of this year, the city marshal executed an order of eviction, he found plaintiff’s two male Rottweiler puppies and turned them over to the defendant’s shelter. When plaintiff attempted to regain possession of his two dogs, he was informed that his dogs could not be released to him unless they were first neutered. (See Administrative Code of City of NY §§ 17-801—17-804 et seq.)1

Plaintiff…