New York Attorney General Letitia James asked the state\u2019s top court to consider halting New York City\u2019s foie gras ban, pitting the state versus the city in a battle over the French delicacy in New York\u2019s highest tribunal.<\/p>\n
The ban \u201cthreatens farm operations in agricultural districts across the State,\u201d James wrote in a petition<\/a> filed July 27 asking the New York Court of Appeals to take up the case after she lost to the city in a lower court.<\/p>\n She argued the city was usurping the state\u2019s authority and threatening the livelihood of foie gras farmers statewide.<\/p>\n James\u2019 petition, provided to Bloomberg Law by her office, is the latest in a long-running legal tussle over the ban and offers the Court of Appeals the chance to have the final word. The motion is a procedural step asking the court if James can formally appeal the lower court decision.<\/p>\n An intermediate appeals court earlier this year ruled<\/a> in favor of the city and against the state, saying the prohibition<\/a> was lawful. The intermediate court had said that local governments are not limited in lawmaking \u201cby potential effects to agricultural districts elsewhere.\u201d That decision reversed a trial court that had ruled in favor of James.<\/p>\n The city had initially sued after the state\u2019s agriculture commissioner moved to block the law from taking effect.<\/p>\n New York has a protective statute for farmers that prohibits local laws impinging on their work, James argued in her petition on Monday. Nothing in that statute\u2019s \u201ctext, history, or purpose suggests the Legislature intended to leave the Commissioner powerless\u201d against local laws like the city foie gras ban, she wrote.<\/p>\n The case raises important questions for the state\u2019s highest tribunal to resolve, she added: \u201cAfter all, if a large locality like New York City decided simply to ban the marketing of dairy products, eggs, or apples, all of which are produced on farms in agricultural districts, the overall impact on New York State\u2019s agricultural economy would be considerable.\u201d<\/p>\n A coalition of foie gras farmers filed a separate petition<\/a> on Monday asking the Court of Appeals to take up the case and reverse the intermediate court. <\/p>\n The New York City Council passed the ban in 2019, saying foie gras is inhumane because it requires the force-feeding of ducks and geese. California has passed<\/a> a statewide version of such a ban.<\/p>\n The Court of Appeals hasn\u2019t yet said if it will hear the appeal. The city has said it won\u2019t start enforcing the prohibition until there\u2019s a final, nonappealable ruling.<\/p>\n