In a significant ruling, a federal appeals court has dismantled New York’s restrictive ban on the display and sale of ivory and rhinoceros horn items by antiques dealers, citing constitutional overreach. The court found that the state’s 2014 law, introduced by former Governor Andrew Cuomo, placed an undue burden on antiques dealers’ rights to commercial speech by barring essential communication about ivory artifacts’ quality and authenticity.
The 2nd U.S. Circuit Court of Appeals in Manhattan ruled in favor of two trade groups who argued that the law infringed upon their right to inform buyers about the historical value of certain ivory goods. Judges Pierre Leval and Myrna Perez agreed, stating the law was excessively broad in its attempt to curb illegal ivory sales. While federal law already limits ivory transactions, allowing certain pieces that contain up to 50% ivory to be sold, New York’s law allowed only items with less than 20% ivory, enforcing penalties of up to $3,000 for violators.
Despite the law’s intent to combat the $23 billion global ivory trade and protect endangered species, the court ruled that these restrictions imposed an “excessive burden” on legal commerce. A dissenting opinion from Circuit Judge Richard Sullivan argued that federal protections under the Endangered Species Act justified the state’s tougher standards.
Animal rights advocates and groups such as the Humane Society expressed disappointment in the court’s decision, viewing New York’s stricter approach as a crucial tool for wildlife protection. Meanwhile, the state’s Department of Environmental Conservation, tasked with enforcing the ivory law, indicated that they are currently assessing the implications of the ruling. The court’s decision now calls into question the balance between protecting endangered species and preserving the rights of dealers in legitimate ivory artifacts.
