D.C. poised to ban foie gras. The fight's not over.

Driving the news: Initiative 86 appears poised to pass with over 73% of the vote as of early Wednesday, according to the Associated Press, following a campaign by Pro-Animal DC that collected a record 31,726 valid signatures to qualify for November's ballot.

• The measure prohibits force-feeding birds to enlarge their livers — no foie farms exist in D.C. — along with the commercial sale and distribution of foie gras and other fattened bird liver products.
• The ban would begin July 1, 2027, provided the city funds its implementation.

The big picture: What started as a niche D.C. ballot initiative became an unlikely national election story — drawing condemnation from celebrity chef José Andrés, attention from the likes of Bon Appetit, and a dedicated New York Times foie results needle.

What they're saying: "Tonight D.C. decided that force-feeding a bird has no place here," Cady Witt, campaign director of Pro-Animal DC, said in a statement shared with Axios.

• D.C. Mayor-elect Janeese Lewis George also voted for the initiative, telling the 51st's Martin Austermuhle: "I've been an advocate for animals and animal rights."

How it works: Restaurants and retailers would have to stop selling foie gras, including dishes containing it — think pâtés, rillettes, etc.

• Commercial imports and distribution would also be prohibited, though implications for personal online orders remain unclear.
• Violators face fines of $1,000 to $5,000 per violation, with each additional day counting separately. Repeat offenders could lose their business licenses.

Yes, but: The city still needs to pay for enforcement.

• D.C.'s chief financial officer estimates implementation would cost $314,000 over four fiscal years — money not currently budgeted.
• The Department of Energy and Environment would hire an additional inspector, investigate complaints and coordinate with DC Health.

The other side: Hudson Valley Foie Gras, one of America's two major producers, is already consulting attorneys about challenging the ban, as Axios first reported.

• "I'm already working with my lawyers," vice president Marcus Henley told Axios before the vote.
• "There are no ducks that are being fed for foie gras in D.C.," he says. "And they're telling me as a New York farmer that I can't sell my products in D.C. That's unconstitutional on several grounds."
• Henley says the timing of any lawsuit depends on his attorneys' advice and that D.C.'s legal expenses could dwarf its implementation budget. "That's a drop in the eventual bucket."

Context: Hudson Valley and fellow producer La Belle Farm helped stall NYC's 2019 foie gras ban through litigation.

• A New York appeals court sided with the city in March, but the producers and state sought further review in July.
• The distinction: The dispute involves New York agricultural protections that don't automatically apply in D.C.
• Separately, the U.S. Supreme Court in 2023 rejected an interstate-commerce challenge to California's restrictions on sales of certain pork products.

Back in D.C., Butterworth's chef Bart Hutchins is also exploring a legal challenge.

• The Capitol Hill restaurateur served a $150, four-course foie gras protest menu through Election Day, with proceeds earmarked for a legal defense fund.
• Hutchins says the restaurant flew through roughly 80 pounds of foie gras — a whopping amount given a typical restaurant serving is 2-3 ounces — and he's planning on supporting Hudson Valley in their legal challenge.
• As the duck fight goes down, he plans to add even more foie to the menu, including his newly famous foie gras twinkie.
• "It's going to be over the top," Hutchins tells Axios. "If we lose in the courts, and we lose with the City Council, and they're willing to waste money on this, you know: I'm going to go down in a blaze of foie gras glory."

Another wrinkle: Critics argue the initiative's broad wording could unintentionally prohibit other poultry-liver products, including ordinary chopped liver.

• Organizers insist they're targeting foie gras and have suggested lawmakers could clarify the wording.

The intrigue: Diners can still cross into Virginia or Maryland for foie gras. Pro-Animal DC organizers previously told Axios they're not planning similar campaigns in neighboring states, where sales are less concentrated.

What's next: D.C. lawmakers must address funding and implementation, and the measure will need to clear congressional review before becoming law.

The bottom line: Voters have settled the foie gras question at the ballot box. Whether the delicacy actually disappears from D.C. menus — and when — may be decided in court.