Animal Protection Voters

We Are Going to Court to Defend Affordable Spay/Neuter in New Mexico

The Lawsuit Threatening Spay/Neuter in New Mexico—and What We Are Doing to Fight It

You have long known that the answer to stopping the unnecessary killing of healthy, adoptable dogs and cats in New Mexico is straightforward: affordable, accessible spay/neuter services. But without adequate spay/neuter funding, New Mexico has been fighting a never-ending uphill battle.

That’s why Animal Protection Voters fought so hard years ago to establish a new source of significant statewide spay/neuter funds—pet food manufacturer product registration fees—modeled after laws in other states shown to successfully reduce animal shelter intake and euthanasia numbers. With key allies and advocates by our side, and bipartisan support in the Legislature, Animal Protection Voters finally succeeded in passing Senate Bill 57 (SB 57) in the 2020 state legislative session.

But a national special interest group, the Pet Food Institute, led an industry coalition to file a lawsuit against the State of New Mexico—trying to overturn New Mexico’s affordable spay/neuter law. Sadly, this lawsuit—which is still pending—has created uncertainty and delays with devastating effects. Despite over $2 million in spay/neuter program funds having been collected by the State, not a single penny has yet been spent on spay/neuter surgeries.

In the meantime, homeless dog and cat populations seem to be at an all-time high. Our shelters are overflowing. New Mexico families and communities are desperately waiting for relief. Enough is enough.

Yesterday, Animal Protection Voters filed a motion to intervene in the Pet Food Institute’s lawsuit—as well as a counterclaim seeking a declaratory judgment that SB 57 is constitutional—to help the State of New Mexico defend the affordable spay/neuter law.

What does that mean? It means that APV is seeking to get directly involved in the litigation to support and strengthen the State’s arguments for why Senate Bill 57 should be upheld and spay/neuter funds should be put to work. The battle ahead is still long and challenging.

Frequently Asked Questions

Who is involved in the Senate Bill 57 litigation?

The parties suing to overturn SB 57 (the “Plaintiffs”) are: the Pet Food Institute, Pet Industry Joint Advisory Council, NM Chamber of Commerce, NM Farm & Livestock Bureau, and Rio Grande Kennel Club.
The parties being sued ( the “Defendants”) are Governor Michelle Lujan Grisham, Attorney General Raúl Torrez, and NM Department of Agriculture Director/Cabinet Secretary Jeff M. Witte.
The parties currently seeking to intervene in the case (the “Intervenors” or “Defendants-in-Intervention”) are Animal Protection Voters, joined by a co-intervenor, Española Humane.

What is the process of intervening in a lawsuit? How long does it take?

A party can intervene in a lawsuit only if allowed by the judge. The judge must consider arguments presented to him about why APV and our co-intervenor should be allowed to intervene. It will likely be several months before the judge rules.

Why do we want to intervene in the lawsuit?

If approved as intervenors, APV and our partners will have the ability to present additional legal arguments and important information before the judge. We will also be able to directly influence the course of proceedings.

What are the legal arguments presented in this lawsuit?

As is typically seen in these situations, the Plaintiffs seek to overturn SB 57—so that pet food manufacturers don’t have to pay the spay/neuter fees—and their lawsuit attempts to use whatever arguments they think might succeed. They are asking the judge to declare that the law established by SB 57 is unconstitutional and invalid.

The State’s and APV’s positions in this lawsuit are that SB 57 is indeed constitutional and valid. In APV’s counterclaim filed alongside our motion to intervene, we are arguing specifically that SB 57 does not violate the Commerce Clause of the United States Constitution and does not violate the Anti-Donation Clause of the New Mexico Constitution.

How much longer will this lawsuit last?

It is very common that lawsuits such as this one last for many years before there is a final resolution, which is why it’s all the more important that the State make its investment in affordable community spay/neuter services now and not wait.

Thank you for your continued support as we take this fight for animals to the next level. We will stay in touch on what happens next.

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