Attorney for Puppy Experience Could File Suit As Soon As Next Week

Despite a cease and desist order, protestors continued to rally outside of in Aquebogue over the weekend -- and an attorney for the store's owner said a lawsuit could be filed as soon as next week.

"We don't have any objection with them raising awareness," said Ronald T. Alber, Jr. of the Commack-based Alber & Loglisci, LLP, who sent a letter recently asking the protesters , or else risk the filing of legal action, including a restraining order "enjoining any further injurious conduct."

over in to raise awareness about puppy mills.

Alber added, "I totally believe in free speech. The Companion Animal Protection Society as an organization has a good, wholesome goal behind it. But holding up pictures of emaciated dogs in front of a store -- it's crossed the line."

Alber said surveillance equipment has beens set up and is monitering the protests, which have been organized numerous time in recent weeks. Surveillance data is being collected. "Our goal is to let CAPS continue -- so long as they are not selecting my client as a target," Alber said.

When the lawsuit could be filed, Alber said, depends on timing. "It could be as early as next week, or it could be a month from now."

He added that he and Scott Kaphan, owner of the Puppy Experience, "have no problem with the protests." But, he said, the exception is when the demonstrators' message "is targeted without any basis."

Barbara Dennihy of CAPS said the weekend protests were successful. "We had a great turnout on Sunday, National Dog Day, to help educate consumers about puppy mills and puppy brokers and the pet store connection. Some of the consumers that had just exited the store came over to us, upset, saying that the huge yellow 'rescue and adoption' sign was misleading. There were only older puppies for 'rescue,'" she said. "The only reason they stopped in was because of the sign."

Deborah Howard, president of CAPS, said the CAPS organization has questions about a new puppy rescue adoption division that is advertised on the The Puppy Experience website; Howard says she believes collection jars are set up at the shop to collect donations for the effort. "Where do they obtain their rescue dogs? That's what I want to know," she said. "Are they dogs the owner has turned in to shelters? Or are these puppies they merely didn't sell?"

When asked about where the rescue dogs come from, Alber said, "That's a good question. I can't tell you. But the owner of the store and I have had numerous discussions on providing a shelter and rescue portion of his business. For a long time, he has discussed offering dog adoption as a rescue platform. It has been a sincere and genuine interest in wanting to offer this, outside of the retail business." Alber said Kaphan wants "an opportunity to rescue."

Dennihy said one sign used to raise awareness about puppy mills, "Free their mother," received a lot of attention from passerby. "Consumers wanted to know what that meant," she said. "Most people believe the parent dogs are treated like pets; learning the reality that these dogs are treated like an assembly line was upsetting. CAPS will continue to educate consumers on the truth behind the puppy in the window," she said.