A coalition of animal protection organizations is calling on Governor Kathy Hochul and Attorney General Letitia James not to appeal a recent court ruling that clears the way for New York City's foie gras ban to take effect — a law passed overwhelmingly by the City Council in 2019 and backed by 81% of New York voters.

In a letter delivered to the Governor and Attorney General today, the groups argue that continued state defense of the foie gras industry is legally unjustified, a waste of taxpayer dollars, and an unprecedented use of state power to override the City Council’s decision and the will of New Yorkers.

The Appellate Division, Third Department, unanimously ruled that the state misinterpreted its own agriculture law, and that NYC's ban is not preempted by state statute. The Governor and Attorney General’s office must now decide whether to appeal for the second time, effectively choosing between New Yorkers and a niche industry built on force-feeding birds.

Key points from the letter:

81% of New York voters support legislation to prohibit the sale of foie gras from force-fed birds
The NYC Council voted 42 to 6 to pass the ban in 2019; Mayor de Blasio signed it into law
More than 60 NYC restaurants supported the ban
Foie gras is sold in only about 1.5% of New York City restaurants, and yet the state has spent public resources defending the industry in court
Veterinary professionals publicly backed the ban as a science-based animal welfare measure
The original campaign coalition included more than 50 nonprofit organizations with significant membership in New York
The state has already spent public resources litigating this case once and lost — an appeal would compound that cost with no legal basis to succeed

The coalition letter is signed by:

Cailen LaBarge - Executive Director, SEED
Matthew Dominguez - U.S. Executive Director, Compassion in World Farming
Ben Williamson - Executive Director, Animal Outlook
Katherine Miller - Country Director, FOUR PAWS USA
Susan Millward - Executive Director & Chief Executive Officer, Animal Welfare Institute
Rachel McCrystal - Executive Director, Woodstock Farm Sanctuary
Sharon Nunez - President, Animal Equality
Gene Baur - President, Farm Sanctuary
Bryan Pease - Co-Founder, Animal Protection & Rescue League
Alex Cerussi - Sr. Manager of Government Affairs, Mercy For Animals
Gabriel Wildgen - Sr. Associate VP of Public Policy, The Humane League
Kathleen Schatzmann - Strategic Legislative Affairs Manager, Animal Legal Defense Fund

What the groups are saying:

"New Yorkers should not be forced to subsidize further litigation on behalf of an industry built on animal suffering, especially after the public has spoken, the Council has acted, and the courts have rejected the State's preemption argument." — From the coalition letter to Governor Hochul and Attorney General Leticia James

"Governor Hochul has a simple choice: respect the democratic will of New York City and save taxpayer dollars, or spend more public money — again — defending a cruel niche industry that New Yorkers have already rejected as a matter of public policy.” — Matthew Dominguez, U.S. Executive Director, Compassion in World Farming