A federal appeals court in New York has struck down a state law that banned the sale and display of ivory and rhinoceros horns by antiques dealers, declaring it unconstitutional. The 2nd U.S. Circuit Court of Appeals ruled on Wednesday that the law, signed by former Governor Andrew Cuomo, infringed on the First Amendment rights of antiques dealers, who argued that it unnecessarily restricted their ability to communicate information about lawful, legally obtained antiques.
In a joint opinion, Circuit Judges Pierre Leval and Myrna Perez held that the New York law was overly broad in its approach to preventing illegal ivory trade. While acknowledging the state’s legitimate interest in curbing illegal wildlife trafficking, the court emphasized that the law went too far by banning the sale of ivory items that could legally be sold outside of New York. The decision came in favor of two trade groups, the Art and Antique Dealers League of America and the National Antique and Art Dealers Association of America, who had challenged the law.
The law prohibited the sale and in-store display of ivory and rhinoceros horn items, even those considered legal under federal regulations. Specifically, the state law only allowed exceptions for items containing less than 20% ivory, compared to the federal threshold of 50%. The law also imposed hefty fines, with penalties as high as $3,000 for violations.
The court ruled that the law violated the antiques dealers’ First Amendment rights, as it restricted their ability to provide essential information to potential buyers about the authenticity and quality of the ivory items. The judges noted that the law prevented dealers from engaging in “crucially important” communication about products that were legally obtained and could be legally sold elsewhere. This, they concluded, amounted to an “excessive burden” on free speech.
Judge Richard Sullivan dissented from the majority opinion, arguing that the Endangered Species Act (ESA) should preempt the New York law. He acknowledged the speech restrictions but suggested that the federal law provided adequate protection against illegal ivory trade, thereby rendering the state law unnecessary.
New York’s 2014 law was originally introduced as a measure to protect dwindling elephant and rhinoceros populations. Wildlife advocates have long raised alarm over the illegal ivory trade, with estimates suggesting that 96 elephants are killed every day for their tusks. The global ivory trade is valued at around $23 billion annually, with much of it fueling poaching and endangering animal species.
The law was designed to close loopholes in the federal ivory ban by making it more difficult for traffickers to sell ivory items under the guise of being antiques. State officials, including those from the New York Department of Environmental Conservation, have expressed disappointment with the court’s ruling. The department is currently reviewing the decision to determine next steps.
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