D.C. Voters Approve Foie Gras Ban for 50 Restaurants

By Daniel Okafor

D.C. voters approved Initiative 86 on Tuesday, with about 73% support as of 11 p.m. Nov. 3, clearing the way for a July 1 target to ban restaurant sales of foie gras, the extra-fatty liver product made by force-feeding ducks and geese.

If implemented next July, D.C. restaurants that serve foie gras could be fined up to $5,000 per violation and risk having their business licenses suspended or revoked. The measure places the District alongside California, New York City, Pittsburgh and other U.S. jurisdictions that have banned the product.

At Solly’s, Pro-Animal D.C. volunteers celebrated with Oye Owolewa, a supporter who won an at-large seat on the council. Golden plastic ducks filled the packed room, duck puzzles were on display, and Olivia, a live duck pushed in a stroller, quacked into a microphone as the initiative’s unofficial mascot.

Cady Witt, campaign director for Pro-Animal D.C., said: “Tonight D.C. decided that force-feeding a bird has no place here. Thank you to every voter who said yes, and to everyone who worked to put this question in front of them.”

Pro-Animal D.C. estimates that approximately 50 local restaurants have the French specialty on their menus, including Lutèce, Mallard, The Occidental and Pastis DC. Andrés’ newest D.C. restaurant, The Bazaar, serves cotton-candy foie gras as a signature dish. The campaign group is the local branch of a Colorado-based animal-welfare organization that has advanced similar initiatives in Denver and Portland.

What does the July 1 ban mean for operators?

The answer, so far, is menu replacement rather than a broad bottom-line shock for restaurants. Bart Hutchins, chef at Butterworth’s, doubted that taking foie gras off menus would significantly affect restaurants’ financial performance, and celebrity chef José Andrés said the ban would add challenges to an already struggling industry.

In the weeks before the election, Hutchins organized a four-course foie gras tasting menu as a “send off” for the luxury pâté. He said: “Will it put us out of business? No. If I can’t sell foie gras, I’ll just sell something else and we’ll be totally fine.”

But Hutchins placed the larger economic risk with suppliers: “The real economic problem is that there’s only two commercial farmers of foie in the entire country and D.C. is their third largest market … I wouldn’t be surprised if one of them went under.” The dispute also became one of D.C.’s hottest Halloween costume themes of the year.

I-86 collected more signatures from D.C. residents than any other initiative in the city’s history. Pro-Animal D.C. media lead Natalie Fulton said the 73% result exceeded expectations and that she was happy voters wanted to protect animals. She said the group would celebrate briefly, then press the D.C. Council to allocate enforcement money, make sure enforcement begins July 1 and ensure the measure becomes law.

Enforcement carries an estimated $314,000 price tag

D.C.’s chief financial officer estimates the ban will cost $314,000 to implement, according to Axios. The money will go toward enforcement, oversight and hiring an inspector. It remains unclear where the funds will come from.

Legal risk could also move the start date. Hudson Valley Foie Gras, one of the country’s two major producers, has said it is preparing to fight Initiative 86 in court. The company argues that D.C. cannot legally prohibit sales when the product is not produced in the city.

Hudson Valley and fellow producer La Belle Farm are also fighting a similar ban in New York City, which has delayed that rollout. Because D.C. voters passed the measure but funding and litigation remain unresolved, implementation next year is not assured.

For roughly 50 D.C. restaurants, the practical answer is straightforward: operators can follow Hutchins’s approach and sell something else. The harder test is whether the city funds enforcement and whether the courts allow a July 1 launch. Until those issues resolve, the 73% vote establishes political demand for the ban, not a guaranteed start date for affected restaurants.