A federal appeals court had on Wednesday declared unconstitutional, a New York law that mostly prohibited sales and in-store displays by antique dealers of ivory and rhinoceros horns in the state.
The 2nd U.S. Circuit Court of Appeals located in Manhattan had sided with two trade groups that said the law signed by former Governor Andrew Cuomo contravened the antiques dealers’ First Amendment commercial speech rights.
The court further said the law was broader than necessary and had been enacted to promote New York’s substantial interest in stopping illegal ivory sales in the state, noting that it also included goods that could be sold lawfully interstate or internationally.
Consequently, Circuit Judges Pierre Leval and Myrna Perez remarked that forbidding dealers from communicating vitally important information to lawful buyers about the quality and authenticity of ivory goods was an “excessive burden” on speech.
New York’s law went even further, providing exceptions only for goods less than 20% ivory, and subjecting violators to fines of up to $3,000 and more.
Sponsors had remarked that New York’s law was needed because elephant and rhinoceros populations were fast declining in Africa and Asia, with about 96 elephants slaughtered each day.
Ivory is gotten from elephant tusks and animal rights groups have estimated the global ivory trade at $23 billion annually.
Some animal rights advocates have called for the appeals court to uphold the 2014 law.
In a statement the Humane Society put out, they said the decision was a victory for elephants and rhinos, because it allows New York to continue enforcing the law against buyers within its borders.
This case is classified under Art and Antique Dealers League of America Inc et al v. Seggos et al, 2nd U.S. Circuit Court of Appeals, No. 21-569.
