New York ivory ban for antiques dealers voided by US appeals court

A US federal appeals court on Wednesday declared unconstitutional part of a New York law that imposed tough limits on the sale of ivory and rhinoceros horns, voiding restrictions on sales and in-store displays by antiques dealers.

The 2nd US Circuit Court of Appeals in Manhattan 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 pre-empted by federal law.

In striking part of the law, the court called it broader than necessary to promote New York's substantial interest in stopping illegal ivory sales in the state, noting it also covered goods that could be sold legally interstate or internationally.

In a joint opinion, circuit judges Pierre Leval and Myrna Perez said forbidding dealers from communicating “crucially important” information to lawful buyers about the quality and authenticity of ivory goods was an “excessive burden” on speech.

Starting in 1973, Congress largely banned ivory sales through the federal Endangered Species Act, but has provided exceptions for goods that were less than 50% ivory.

New York's law went further, providing exceptions only for goods that were less than 20% ivory, and subjecting violators to fines of $3,000 (R54,700) and more.

Sponsors said New York's law was needed because elephant and rhinoceros populations were declining in Africa and Asia, with 96 elephants slaughtered every day.

Animal rights groups have estimated the global ivory trade at $23bn (R419bn) annually.

A spokesperson for New York's department of environmental conservation, which enforces the ivory law, said the agency is reviewing the decision.

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 lawyer Caleb Trotter, of the Pacific Legal Foundation, said 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 decision, saying the Endangered Species Act pre-empted New York's law. He agreed the speech restrictions were improper.

Ralph Henry, senior director of litigation for the Humane Society, which was involved in the case, welcomed the decision, saying the court “upheld the law to eliminate the illegal ivory and rhino horn trade within [New York's] own borders”.

Reuters