Alleging an unconstitutional “taking” of property, a Pinellas County, Florida greyhound-kennel owner has filed a lawsuit against the state because of a dog racing ban approved by voters in November.
Christopher D’Arcy, owner of D’Arcy Kennel LLC in St. Petersburg, filed a lawsuit in Leon County circuit court, claiming the state is unconstitutionally “taking” his property due to the dog racing ban, approved by 69 percent of voters last November, which requires the industry to shut down by December 31, 2020. D’Arcy asked a judge to order the state to pay damages for the loss of value of his property, including racing dogs that previously could have been sold for up to $50,000.
The lawsuit states, “The state of Florida, through Amendment 13, imposed such a severe burden on the private property rights of plaintiffs D’Arcy and the kennel that it amounts to a per se taking that completely deprives plaintiffs of all economically beneficial use of the property. The adoption of Amendment 13 is the functional equivalent to a physical taking in which the state of Florida has ousted the plaintiffs from their domain and from any benefit from their property.”
Last year, the Florida Greyhound Association unsuccessfully sued to keep the constitutional amendment off the ballot. D’Arcy’s new lawsuit does not aim to overturn the amendment but seeks damages under the Florida and U.S. constitutions. Claiming “inverse condemnation,” which removes the value of a property due to removing the effective use of it, the lawsuit contends the amendment was a taking of property without compensation.
The Florida Greyhound Association said issues raised by the lawsuit also could apply to other members of the association. Former Appeals Court Judge Paul Hawkes, representing D’Arcy along with former Lieutenant Governor Jeff Kottkamp, said, “Our goal would be to sit down with the state and work out some kind of system that would fairly compensate these people. They were lawfully engaged in a business that Florida used to depend on critically to fund their budget.”
Christine Dorchak, president and general counsel of GREY2K USA, said D’Arcy and other kennel owners are not owed compensation. “No property is taken under Amendment 13, and this humane law simply phases out an industry that is cruel and inhumane. Furthermore, the track land and the dogs themselves retain value.”
GREY2K USA Executive Director Carey Theil said when the amendment passed, 11 Florida dog racing tracks were operating; four have since closed.
