Could Greyhound Ban Be Unconstitutional?

The government of New South Wales announced last summer that it would ban greyhound racing due to overwhelming evidence of animal cruelty. Now that effort has hit a fresh obstacle.

Poll: Most Aussies want federal ban

In July, the government of New South Wales announced it would shut down the greyhound racing industry in the state starting in July 2017. It may not be that easy, according to the Asia Gaming Brief. Because elements of the industry operate across state borders, a single state may be unable to enact a ban.

Constitutional lawyer George Williams said if the proposed ban would affect interstate trade, it would be unconstitutional, reports the Australian. Currently, some training and breeding programs in NSW serve the industry in other Australian states. Those operations would be allowed to continue under Section 92 of the commonwealth constitution.

Earlier this year, after an investigation exposed shocking mistreatment of animals in the sport, NSW Premier Mike Baird said the government had “no acceptable course of action except to close this industry down.”

At the time, Greyhound Racing NSW said it had “taken decisive action” over the past year to “recover community trust” and “transformed the sport into a stronger, sustainable one in which animal welfare and integrity were fundamental to a vibrant future.

“The NSW government, after receiving the report of the special commission of inquiry, has come to a different conclusion, one that will rock industry participants and associated communities around our state, as well as the hardworking GRNSW team and its partners who have been working tirelessly to improve the industry,” the group stated.

But ACT Chief Minister Andrew Barr agreed with Baird, saying, “There is no future for this industry in the ACT. It is untenable for the ACT government to continue allowing and financially supporting the practice of greyhound racing.”

The UK Daily Mail reported that NSW is the first Australian state to try to shut down the sport. In the inquiry, an estimated 20 percent of trainers were found to engage in live baiting their dogs. In other disturbing results, 180 greyhounds were said to die on the racetrack each year, and up to 68,000 of the dogs have been killed in the past 12 years “because they were deemed uncompetitive.” Inquiry Commissioner Michael McHugh said the industry had lost its “social license” to operate.

The NSW Greyhound Breeders, Owners and Trainers Association has reportedly launched proceedings against the ban in federal court. But in a poll, an overwhelming majority of Australians said they favor a federal ban on the dog races.