Say No BSL
Support Mimi Planas for Miami-Dade Commissioner District 10
because she is a strong advocate for our pets and a leader that
believes in NO DISCRIMINATION
of people or animals!

Our Florida Residents' rights and our ability to own the breed of dog that we want is under attack by politicians who are not well educated on the subject. Please do something now by reaching your local FL House of Representative and your Local FL Senator and letting them know that you do not support discrimination of any kind, including any breed specific legislation and any changes to our current Florida Laws that will allow local governments to discriminate against our dogs just based on breed and nothing else.
FL BSL Ban Under Attack
Florida
State Rep. Perry E. Thurston, Jr. has filed
House Bill 543, to repeal the state's prohibition on breed
specific legislation. An identical Senate version,
S.B. 1276, has also been filed by Florida State Sen.
Tony Hill, Jr.
Currently, Florida law bans breed discrimination throughout the state except basically in Miami Dade County where there is a long standing ban on pit bull type dogs. Fl. Stat. Sec. 767.14.
Read about successful challenges to Miami Dade County Animal Services confiscations of dogs said to be "pit bulls".
Also, for more information, read Miami Dade County: Two decades of BSL has produced no positive results.
Under H.B. 543/ S.B. 1276 local governments would be allowed to enact breed specific laws.
A similar effort has been unsuccessful in the last 2 legislative sessions.
WHAT YOU CAN DO
H.B. 543 has been assigned to the Agriculture & Natural Resources Policy Committee. Find committee members and their contact information here and write (faxes or letters are best) or call and urge members to vote no on H.B. 543. If one of the members is your representative, be sure to let him or her know that! Above all, be polite.
Also, let Florida state representatives know that you oppose H.B. 543. To find your Florida state representative, go here and click on Find Your Representative. Let the representative know that you live in his or her district. Please be polite.
Call on your Florida state senators to oppose S.B. 1276! (Put in your zipcode in the form to the left of the page to find your senator.)
Use talking points from this article or links or contact Animal Law Coalition for help!
WHAT WE KNOW ABOUT BSL
There is not one major animal or health organization including the American Veterinary Medical Association, the Centers for Disease Control, among many others, that supports breed discrimination.
Breed specific legislation does not work to make communities safe. Study after study has proven this. Dogs don't bite because of breed or appearance; they bite out of fear that could have been the result of poor socialization, neglect, abuse, tethering or confinement or isolation. In other words, it is the owner's negligent or criminal actions that are responsible, not the dog's breed or appearance.
BSL penalizes responsible dog owners and means the death of dogs that are not in any way dangerous.
It is also well-established that people cannot look at a dog and determine its breed. Recently, in Denver Dr. Victoria Voith did a little test on animal shelter directors, dog trainers and others who work with dogs.
They were asked to view 20 dogs on a videotape and identify each one by breed including whether the dog was a purebred or a mix. The professionals were surprised by how few dogs they identified correctly by breed. Voith believes as many as 75% of the pit bull identifications made by shelter workers, animal control or law enforcement are wrong. She is the author of Shelter Medicine: A Comparison of Visual and DNA Identifications of BREEDS of Dogs. As DNA testing becomes more reliable, it is proving that many of the dogs identified as pit bull are actually a mix of dozens of breeds with little or none of the DNA of pit bull type dogs.
That means a lot of dogs condemned by BSL are not even "pit bull" breeds.
BSL is a very costly negative for a state and will create a climate where dogs are viewed as enemies rather than family members requiring proper care, management and love. Go here for ways to improve relations in the community with dogs and also how to address the reasons dogs bite and keep communities safe.
Go after owners, not entire breed, to curb pit bulls
KATHLEEN MERRYMAN; THE NEWS TRIBUNE
Published: 08/27/07
The two pit bulls who barged into a disabled woman’s Wauna home, mauled her and tore a smaller dog to pieces have reignited debate over whether their breed should be banned.
No other breed of dog elicits such passion.
Breed-ban proponents say any dog will bite, but a
pit bull has the physical capacity to maim and kill.
A Centers for Disease Control and Prevention study of fatal dog
attacks showed that, over 20 years, purebred and crossbred pit bulls
ranked higher than any other breed or crossbreed.
Merritt Clifton, editor of Animal People, tracked news reports of dog
attacks in the United States and Canada from 1982 to 2006. Of 264
deaths, pit bulls and pit bull mixes were responsible for 110.
Breed-ban opponents say that’s the fault of irresponsible owners, not inherently vicious dogs. They say that, when properly socialized, pit bulls are loyal, gentle companions.
Banning pit bulls would punish responsible owners, not people who ignore the laws anyway, they say. Instead of enacting more laws, enforce the ones already on the books.
Any breed-specific ban would be difficult to enforce, because there are so many mixed breed dogs afoot, and because pit bulls are not the only large and potentially dangerous dogs.
Every one of those arguments, pro and con, has merit.
The political reality is that any time a city, county or state raises the issue of banning pit bulls, all hell breaks loose. The American Kennel Club musters its considerable membership to wage protests and letter-writing campaigns. People who breed and show dogs declare that a ban would violate their rights.
The only people who keep their mouths shut are the people who exploit the dogs and endanger the community. These are the pit bull owners who breed and sell out of their backyards, keep their dogs penned and chained in deplorable conditions and do nothing to train or socialize them. To them, pit bulls are profitable bad-ass accessories to the menace-to-society lifestyle.
It makes sense to go after those owners before jumping into a breed-ban battle. Yes, that will take a more comprehensive, better staffed effort than city and county governments have employed in the past.
But think of the savings in medical bills and funeral expenses.
Start by denying dog licenses to anyone with a criminal history of violent crime, drug trafficking or animal cruelty or neglect.
You bet it will be difficult at first, but somewhere out there in geekland are computer whizzes who can connect licensing staff to crime databases. People will find dodges, but it’s a start.
Hire enough animal control officers to do the job. Dangerous dogs are a legitimate threat, and the people who deliver our law enforcement should have adequate resources to protect us, our parents, kids and pets from being mauled.
Encourage partnerships between animal control officers and police and deputies. Police are often the first to spot problem owners.
Instead of waiting for a dog to bite someone, rewrite rules to make menacing people or pets a trigger for removing a dangerous dog from the premises.
Last year Tacoma Councilwoman Julie Anderson proposed levying a breeder’s license fee against owners who did not spay or neuter their pets.
Members of the show-dog community, which has no problems with charging plenty of its own entry fees, called that unfair. Baloney. If they can afford to show dogs, they can afford a breeder’s license.
Resurrect the proposal, and attach significant fines for scofflaws.
If you think that’s tough, consider the price pit bulls are paying while we do nothing: Last year, Seattle Purebred Dog Rescue received reports of 1,017 pit bulls in animal shelters. It has no reports of adoptions for a single one of those dogs. It confirmed that 497 were euthanized.
Kathleen Merryman: 253-597-8677
kathleen.merryman@ thenewstribune. com
http://www.thenewst ribune.com/ merryman/ story/141849. html?storylink= mirelated
Jodi Preis
Education... Awareness. ..Advocacy
Because preaching to the choir makes a small church.
If experts cannot ID dog breeds, how can cities?
By Bill Johnson
Denver Post Columnist
POSTED: 12/16/2009 01:00:00 AM MST
UPDATED: 12/16/2009 02:22:00 AM MST
So you think you know about dogs?
Sorry, you do not.
I break this news to you only because I got put to such a test
Tuesday, along with about two dozen animal-shelter directors,
volunteers, dog trainers and others who make a dog-related living.
The task was simple: View 20 dogs on a videotape and identify each
one. Is it purebred or mixed? If believed a mix, what is the mixture
of each?
How hard could it be?
All I know about dogs, I quickly learned, is that one lives with me.
Of the 20 dogs shown, I got the breed correct one time, but only
because it looked like Lupe, my mutt.
I did only slightly worse than the professionals.
"I was completely wrong. I probably got three to four out of the 20,"
claimed Laurie Buffington, a Berthoud dog trainer, as we left a
classroom at the Longmont Humane Society.
"Think you can tell just by looking?" was the teaser for the breed
identification study we participated in. It was run by Victoria L.
Voith, a professor of animal behavior in the College of Veterinary
Medicine at Western University in Pomona, Calif.
What I and the others ultimately learned is you cannot simply look at
a dog and know what it is.
Shelter workers, she explained, are generally 75 percent wrong when
they list or tell you the breed of a dog. The only sure-fire way of
knowing, she said, is DNA testing.
"I started this study," Voith said, "because I am a lover of German
shepherds and was appalled that every short-haired breed with brown
hair was called a German shepherd. It simply isn't so."
Outside of the Lupe-looking Chihuahua-mix, I thought every dog looked
like a pit bull or a shepherd-mix.
"So what in the hell is Lupe?" I jotted in frustration in my notebook
about halfway through the session. I was not getting even remotely
close.
My favorite of all was the 20th dog, a three-legged cutie that had
been thrown from a car. She was not the English sheepdog I suspected,
but a shih-tzu. Everyone else misidentified her too.
Through her work, Voith hopes to put to the lie two things: studies on
which dogs bite the most, and the wisdom of municipal breed-specific
bans, such as Denver's, where hundreds of suspected pit bulls have
been put to death.
"Visual identification simply is not in high agreement with DNA
analysis," she said when I protested that a dog I had falsely,
dead-to-rights identified as a pit bull turned out through DNA testing
to be mostly Dalmatian. "Dogs in Denver may be dying needlessly," she
said.
She hopes that her work, which she expects to be published in a year,
will better inform cities and statistics gatherers on breeds most
likely to bite.
"We really don't know yet. I don't think we have ever really known,"
she said.
The professionals all walked out scratching their heads, each mumbling
something akin to "that was very informative!"
"I always thought I was really good at identifying breeds," a
chastened Shantel Southwick, another Berthoud trainer, moaned. "And
cities are killing dogs based on uninformed visual identification?
That's pretty scary. It's heartbreaking, really."
Bill Johnson writes Mondays, Wednesdays and Fridays. Reach him at 303-
954-2763 or
wjohnson@denverpost.com.
Read more:
http://www.denverpost.com/news/ci_14005785?source=rss#ixzz0Zsk3dwGS
Italy Revokes Breed Ban
April 01, 2009, 1:8PM MT
By Cheri Moon
Official Claims Law Had No Scientific Foundation
Official Claims Law Had No Scientific Foundation
When in Rome…
Italy will eliminate its list of dangerous dogs—replacing it with a
law making owners more responsible for their pet's training and
behavior.
The new law, effective in April, will eliminate the current list of 17
breeds which are considered potentially dangerous, including
Rottweilers, pit bull terriers, bull mastiffs and American bulldogs.
Under the current law, owners of blacklisted breeds are required to
keep them muzzled in public places and ensure that they pose no danger
to others. Failure to respect the law can result in the animal being
put down.
New Law Puts Responsibility On Owner
The new law is built on the foundation that any dog, regardless of
breed, can potentially be dangerous and it puts the
responsibility—morally and legally—on the owners for a dog’s behavior.
Says Health Undersecretary Francesca Martini, “This is a historic day
because we have established for the first time the responsibility of
the owner or the person who is momentarily in charge of the animal.”
The new law forbids training dogs to be aggressive using sticks and
protective body gear, doping, surgery that is not for health purposes
and dangerous cross-breeding. The law also makes veterinarians
responsible for compiling a register of individual dogs who they
believe may be potentially high risk, requiring owners to keep those
pets muzzled in public.
Martini added that the previous law had no scientific foundation and
compared it to a “fig leaf over the larger problem.”
USA Needs to Follow Suit
Despite this, many communities in the United States are currently
considering enacting breed bans.
Says Ed Fritz, Best Friends’ campaign specialist for Pit Bulls: Saving
America’s Dog, “Italy’s decision to end its ban on dog breeds is
further evidence that breed discrimination just doesn’t work.”
He adds, “Rather than breed-discriminatory restrictions, communities
should mirror Italy’s example and put the onus on the owner with good
comprehensive dangerous dog/reckless owner laws.”
Pit Bull Blues by John Shipe
I hope that you enjoy Pit Bull Blues by John Shipe which is easily the best song about pit bulls that I have ever heard. Like most people, I did not know what great dogs pit bulls are until recently. As my friend Dog Man says "It is not the dog, but the owner that is the problem and pit bulls are not for everyone.
Math Sets Dog Free in Challenge to BSL
Miami-Dade County:Two decades of BSL has produced no positive results
by Karen Delise (reprinted with permission)
We like to give special thanks to Karen Delise for writing
this article and giving
Laura Allen permission to post this article on
her site, Animal Law Coalition. Thank you both!
|
This is the most inspiring story I've seen in a
long time! A great one for all of us to know about!
|
Rochester awaits verdict after lab bites neighbor
Rochester awaits verdict after Lab bites neighbor
Councilman led drive to ban pit bulls
By Lynn Zerschling | Posted: Wednesday, July 01, 2009
SIOUX CITY -- The city councilman who led the drive to ban pit bulls
in Sioux City is waiting to find out whether his Labrador retriever
will be euthanized for biting a neighbor. Councilman Aaron
Rochester said Tuesday he has appealed Sioux City Animal Control's
determination that his family's yellow lab is vicious after Saturday's
incident, which resulted in an emergency room visit and five stitches
for the injured neighbor.
Sioux City Police Capt. Pete Groetken said he held a hearing on
Rochester 's appeal Tuesday morning and will reach a decision by the
end of the week. He can either uphold Animal Control's designation or
overturn it. The 3-year-old dog, Jake, is being held at the
Animal Control shelter until the case is resolved.
At 4:45 p.m. Saturday, a man and woman who live in the neighborhood
walked by the Rochesters' home in the 1300 block of 46th St. The lab
was sitting on the front porch. As the couple walked by on the
sidewalk, the dog ran off the porch and jumped the man, Groetken said.
The neighbor suffered a scratch to his right leg as he tried to push
the dog away, some marks on his chest and bites to his thumb that
required five stitches at a hospital emergency room. Groetken declined
to identify the man because the case remains under investigation.
Rochester said his neighbor did not wish to be identified, and other
neighbors contacted by the Journal said they did not know who he was.
Rochester said he and his wife, Amy, held a birthday party for their
youngest child, Kate, on Saturday. Amy had gone inside their house
while Kate and a friend played outside. Rochester said he had left the
party to drive his eldest son to work. "(Amy) heard something
and yelled at Jake to come in the house, and he ran in the front
door," Rochester said. "The people know our dog, and the wife said
Jake would bring her a tennis ball and she would throw it. He is a
great watchdog. My speculation is, he was watching our children and
may have thought they were in danger." An Animal Control officer
impounded Jake on Saturday after the dog bite was reported. Rochester
said someone at the hospital called police to report the bite, which
he said is standard practice.
Last year, Rochester led the council's controversial effort to ban
future ownership of pit bulls in Sioux City . Rochester supported his
position with Animal Control reports showing that type of dog is the
most apt to bite people.
Pit bull owner Amanda Gardner, who helped lead opposition to the
ordinance, said Tuesday night: "I don't wish any dog to be put down.
But how many little kids have cried because their pit bulls have been
banned from the city or euthanized? In Aaron's words, a bite's a
bite."
Dog owner Terry Mann, who also opposed the pit bull ban, said, "Labs
are one of the best breeds there are; the most friendly. ... I don't
think the dog should be put down at all." Rochester emphasized
that he has not gotten special treatment because of his position as an
elected official. "It happened Saturday afternoon, and Animal
Control had my dog by Saturday night," he said. "I did not get special
treatment."
Vicious-dog proceedings
Police Capt. Pete Groetken has two choices when he hears cases of
animals declared vicious by Sioux City Animal Control: He can uphold
or overturn the ruling.
If he upholds the decision, the pet owner may appeal his ruling to a
special master appointed by the city manager and eventually could
appeal the master's decision to court.
If in the end the dog is found to be vicious, the animal must be
euthanized.
"I have yet to have an owner say go ahead and euthanize my dog,"
Groetken said. "There is language in the city code that says if the
owner refuses to do it, the city can do it."
Last year, the City Council redefined vicious animals. To be declared
vicious, an animal must bite or harm a person or another animal. The
injury would have to cause "bleeding or noticeable and documented
injury to the person" or significant injury to another animal or fowl
that requires medical attention. A trained guard dog or K-9 is not
subject to that provision.
Pet owners used to have the option of placing their pets in homes
outside the city limits, with the approval of Animal Control. Last
year, the council ruled that owners no longer can do that. The council
noted other cities and counties are banning vicious dogs from being
placed in their jurisdictions.
Rehabilitated Pit Bull becomes State Champ - A must see Video
The attached story that aired on KSTP News
is amazing! This story shows that we must keep fighting to make people
aware that as long as a dog, of any breed, is loved and taken care of
by their owners this is the result. And rehabilitation of a dog, of
any breed, is more proof that you can take a dog that lived in a bad
environment or raised improperly they can have a second chance and
become a great family pet!
Please check out the links below!
http://kstp.com/news/stories/S959139.shtml?cat=1
http://current.com/items/90123387_bsl-breed-specific-legislation-is-your-dog-safe.htm
K9 ADVISORS - SAY NO BSL
Video Provided by
KSTP-TV
Dog Fight - Pit bull ban, what pit bull ban?
Dog Fight - Pit bull ban, what pit bull ban?
By Tim Elfrink
Published on May 20, 2009 at 10:18am
We wish to thank Tim Elfrink for writing this article as well as New
Times for publishing this article to bring this unfair ban to the spot
light.
Back in February 1989, a 7-year-old girl named Melissa Moreira was
walking home on SW 18th Terrace near FIU after a night of shopping
with her family when a neighbor’s pit bull ran at her and leapt. The
dog tore apart the girl’s face and arms as she screamed. It then
savaged her mother and grandmother before a neighbor shot it four
times in the head. The animal left the girl in critical condition. She
survived only after extensive reconstructive surgery to her face.
Soon after that attack, Miami-Dade banned all pit bulls. It was
probably the first such countywide measure in the nation. Since then,
thousands of the breed have been killed in a drab building near the
Palmetto Expressway. In 2008, the county confiscated 802 pit bulls and
euthanized more than 650.
Neither Broward nor Palm Beach has such a ban — and dozens of dog
owners have fled there with their dogs just to avoid the law. Though
national animal groups from the Humane Society of the United States to
the American Veterinary Medical Association oppose the ban, workers
every month halt scores of animals’ hearts with an overdose of
barbiturates and then cart them en masse out the back door.
But thanks to a minuscule 57-year-old woman with a short haircut and a
paw print tattooed on her left wrist, that may soon change. Dahlia
Canes led a group that won an unprecedented legal victory this past
March. And now she has hired a lawyer and plans to mount a lawsuit
that just might overturn the measure. “The ban doesn’t work,” she
says. “It’s insane that we’re taking them away and killing them.”
The catchall term pit bull actually refers to at least three common
breeds of dog — the American pit bull terrier, the American
Staffordshire terrier, and the Staffordshire bull terrier. All three
probably descended from bulldogs bred in England in the 1800s for
“bull baiting” — brutal bull versus canine blood matches. When the
sport was banned in the 1830s, the hardy animals were bred for dog
fights instead.
Hundreds came to America with Irish and English immigrants later in
the century. By the early 1900s, pit bulls were among the nation’s
most popular breeds. The Little Rascals’ dog, Petey, was a pit bull.
So was Sgt. Stubby, a beloved WWI mascot that earned dozens of medals
in the European trenches with the 102nd Infantry.
Pit bulls didn’t become pariahs until the past two decades, when
well-publicized, stomach-churning attacks such as the one on Melissa
Moreira led to anti-pit bull laws. Miami’s ban was championed by then
Metro-Dade Commissioner Joe Gersten — who famously later fled to
Australia after he was caught frolicking with prostitutes in a crack
house. It passed 6 to 0 on April 4, 1989, after Moreira’s mother
tearfully asked commissioners: “Who in this room is going to bring my
child back to the way she was?”
But it didn’t take long for the law’s problems to become obvious.
One owner chained 16 pit bulls to a tree in a Miramar field and left
them to starve rather than face the $500 fine for each dog. A month
after the ban was approved, the Miami Herald — which initially
supported the law — wrote a scathing editorial demanding its repeal.
The next year, Florida’s legislature passed a statewide prohibition
against “breed-specific” dog laws. Miami-Dade’s rule, however, was
grandfathered in.
The law has plenty of supporters, including PETA. In 2001, the Centers
for Disease Control reported pit bulls had killed 66 people in the
’80s and ’90s, twice as many as any other kind of dog.
But that statistic is nonsense, says Adam Goldfarb, a Humane Society
spokesman. No one has shown that breed-wide bans reduce pit bull
assaults. He contends the laws are expensive and almost impossible to
enforce. Thousands of pit bull owners flaunt the law every day just by
walking their dogs in Miami-Dade. “We don’t believe any one breed of
dog is inherently more dangerous than any other breed,” Goldfarb says.
Miami’s ban has met its most ardent — and dangerous — critic in Canes.
She fled to Miami in 1959 with her family at age 6 when her father, a
member of deposed dictator Fulgenicio Batista’s regime, was forced
from Cuba. Her love for animals goes back to her homeland, where she
once spent her $12 allowance on a mule.
In 2003, while driving on NW 32nd Avenue, the paralegal spotted a
stray dog. When she opened the door, the chocolate-colored mutt leapt
into the car and laid its head on Canes’s lap. Though a friend in the
back seat shouted, “Watch out — it’s a pit bull!” Canes was in love.
But soon Animal Services discovered Chocolate, as she named the female
hound. Canes sent the dog to live in Broward and began her quest to
overturn the pit bull ban.
Since then, Canes has adopted dozens of pit bulls and found homes for
them in Broward or other places where the canines are legal.
She has also met people like Pierre Bahri, who move north to save
their pit bulls. Bahri, an art gallery worker, packed up in December
after an Animal Control officer gave him 48 hours to remove two pit
bulls from his Wynwood home. He broke his lease and moved to
Hollywood. “I love my dogs like they’re my kids,” he says. Thousands
of others simply flout the ban. Among them is “Jose,” a 25-year-old
Mercedes-Benz employee in Kendall who asked for anonymity because he’s
already been cited for his pit bull. Since then, he’s kept his dog in
his dark bedroom every day while he works. “I have to hide him like
he’s an abomination or something,” he says. “When I walk him, people
put their cars in reverse and stare like I’m holding a fucking Bengal
tiger.” Canes hopes to change that. She lives in an antique-packed
bungalow in Miami Lakes, drives a canary yellow 1980 Fiat convertible,
and devotes every hour outside work to fighting the law. In October,
she founded a group, called the Miami Coalition Against Breed Specific
Legislation. She’s already recruited 80 members.
The new group notched an important win March 18. Canes and her friends
took on the case of Leo Mahecha, a 27-year-old Kendall mechanic whose
dog, Apollo, was seized by Animal Control.
In an administrative hearing at the South Dade Government Center, the
group’s lawyer, Rima Bardawil, argued the county doesn’t have an
accurate test for deciding whether dogs are pit bulls. Inspectors rely
on a 12-point checklist, with questions such as “Eyes: set far apart?”
The hearing official agreed. Apollo was freed.
“To my knowledge, it’s the first time we’ve ever lost an appeal on a
pit bull case like this,” says Dr. Sara Pizano, chief of Animal
Services.
Canes was emboldened by the ruling. Bardawil is now compiling a group
of people who have lost pit bulls to the county’s ban. They hope to
sue the county this summer.
“We’ve gone the political route. We talked to every member on the
commission, we went to hearings, and they all said it’s political
suicide to overturn the ban,” Canes says. “So we’re suing.”
And they just might win. An Ohio appeals court struck down a Toledo
law in 2007 — before the state’s supreme court reversed the verdict.
“It’s a smart approach,” says Humane Society spokesman Goldfarb.
Pizano, who’s charged with enforcing the ban, says it’s up to
politicians to decide whether the law makes sense. But she allows that
“it’s devastating for our staff to euthanize any animal.” Since Pizano
took over three years ago, her staff has had to kill more than 1,800
pit bulls.
Additional facts about the pit bull case won in Miami on March 18th,
2009
Edel Miedes, an experienced dog trainer and behaviorist in South
Florida, of www.K9ADVISORS.com testified in the case of Leo Mahecha
and his dog Apollo as an expert witness under the Miami-Dade pitbull
ban ordinance category of animal behaviorist. Edel successfully
testified against Miami-Dade Animal Services Animal Control Officer,
Luis Salgado, whom wrongfully labeled Apollo as a pitbull. Salgado was
backed and guided by Miami-Dade assistant county attorney, Dennis
Kerbel. During the hearing on March 18th, Kerbel asked such ridiculous
questions such as “were the dog’s eye round” and “were the mucles…
muscular”. Kerbel’s lame attempts at discrediting Edel’s breed
knowledge were unsuccessful, thus the hearing officer sided with
Edel’s testimony and ruled that based on all evidence provided,
Apollo, a 90-lb Mastiff mix, is not a pitbull.
Shortly after, there was much celebration from all members of the
Miami Coalition Against Breed Specific Legislation
www.UnitedAgainstBSL.org and many Miami-Dade County residents alike.
Court Rules Miami-Dade County Pit Bull Ban Unenforceable
A court ruled
Miami-Dade's 20 year ban on pit bulls was too vague in
defining "pit bull" and unfairly let animal control
officers basically guess whether a dog is a pit bull.
This lawsuit pertained to a dog named Apollo specifically,
and opens the door to a
broader lawsuit against the ban.
Miami Coalition Against Breed
Specific Legislation (MCABSL) and Animal Law Coalition
applaud a court ruling that the Miami Dade County Pit Bull
ban is too vague, and the county cannot enforce the finding
by animal control that a dog is a pit bull that must be
euthanized or removed from the county.
The ruling came in a case
challenging the finding by Miami Dade County Animal Control
that a family pet named Apollo was a “pit bull” that must
be removed from the county or euthanized.
The county bans all dogs that
“substantially conform” to American Kennel Club standards
for American Staffordshire Terriers or Staffordshire Bull
Terriers or United Kennel Club standards for American Pit
Bull Terriers.
To determine if a dog substantially
conforms to these standards, animal control uses a chart
that lists 15 body parts such as “head”, “neck”, “lips”,
“chest”, “eyes”, “tail”, “hind legs”, etc. The officer
places a check mark to indicate whether each characteristic
conforms or not to a pit bull. If 3 or more characteristics
are checked “conform”, the dog is declared a pit bull.
Rima Bardawil, the attorney for
Apollo, pointed out that there is no such chart authorized
by the ordinance and it is not clear what standards animal
control is using in making its determinations.
Also, Dahlia Canes, executive
director of MCABSL, testified that animal control is
“constantly” mis-identifying the breeds of dogs. She told
the court about one dog that was declared by an animal
control officer to be a pit bull mix and ordered
euthanized. Canes arranged to have the dog re-evaluated and
he was determined to be a mastiff mix. The dog was then
adopted to a family in Miami-Dade County.
In this case the animal control
officer photographed Apollo from several feet away and then
using the photo, picked 3 body parts he said he thought
conformed to pit bull standards, whatever those are.
As Canes pointed out later, “Many
breeds of dogs and mixes have the same or similar traits.
It is impossible to determine breed this way. Seriously,
you are going to say a dog is a pit bull based on 3 traits
like round eyes, broad shoulders and a muscular body? Dogs
are many times genetically a mix of many different breeds.
The judge agreed. This proves breed shouldn’t be a factor
in deciding whether a dog presents a danger.”
# # #
Miami Coalition Against Breed
Specific Legislation was formed in 2008 to end Miami Dade
County's pit bull ban. For more information and how you can
help, visit
www.mcabsl.wildapricot.org
Animal Law Coalition works to stop animal cruelty and
suffering through legislation, administrative agency
action, and litigation. ALC offers legal analysis of the
difficult and controversial issues
relating to animals. Visit
www.animallawcoalition.com for more
information.
PLEASE MISTER,
CAN I GO HOME WITH YOU?
Be part of the solution by fostering or adopting
a lovable pit bull or pit mix
Go after owners, not entire breed, to curb pit bulls
KATHLEEN MERRYMAN; THE NEWS TRIBUNE
Published: 08/27/07
The two pit bulls who barged into a disabled woman’s Wauna home,
mauled her and tore a smaller dog to pieces have reignited debate over
whether their breed should be banned.
No other breed of dog elicits such passion.
Breed-ban proponents say any dog will bite, but a pit bull has the
physical capacity to maim and kill.
A Centers for Disease Control and Prevention study of fatal dog
attacks showed that, over 20 years, purebred and crossbred pit bulls
ranked higher than any other breed or crossbreed.
Merritt Clifton, editor of Animal People, tracked news reports of dog
attacks in the United States and Canada from 1982 to 2006. Of 264
deaths, pit bulls and pit bull mixes were responsible for 110.
Breed-ban opponents say that’s the fault of irresponsible owners, not
inherently vicious dogs. They say that, when properly socialized, pit
bulls are loyal, gentle companions.
Banning pit bulls would punish responsible owners, not people who
ignore the laws anyway, they say. Instead of enacting more laws,
enforce the ones already on the books.
Any breed-specific ban would be difficult to enforce, because there
are so many mixed breed dogs afoot, and because pit bulls are not the
only large and potentially dangerous dogs.
Every one of those arguments, pro and con, has merit.
The political reality is that any time a city, county or state raises
the issue of banning pit bulls, all hell breaks loose. The American
Kennel Club musters its considerable
membership to wage protests and letter-writing campaigns. People who
breed and show dogs declare that a ban would violate their rights.
The only people who keep their mouths shut are the people who exploit
the dogs and endanger the community. These are the pit bull owners who
breed and sell out of their backyards, keep their dogs penned and
chained in deplorable conditions and do nothing to train or socialize
them. To them, pit bulls are profitable bad-ass accessories to the
menace-to-society lifestyle.
It makes sense to go after those owners before jumping into a
breed-ban battle. Yes, that will take a more comprehensive, better
staffed effort than city and county governments have employed in the
past.
But think of the savings in medical bills and funeral expenses.
Start by denying dog licenses to anyone with a criminal history of
violent crime, drug trafficking or animal cruelty or neglect.
You bet it will be difficult at first, but somewhere out there in
geekland are computer whizzes who can connect licensing staff to crime
databases. People will find dodges, but it’s a start.
Hire enough animal control officers to do the job. Dangerous dogs are
a legitimate threat, and the people who deliver our law enforcement
should have adequate resources to protect us, our parents, kids and
pets from being mauled.
Encourage partnerships between animal control officers and police and
deputies. Police are often the first to spot problem owners.
Instead of waiting for a dog to bite someone, rewrite rules to make
menacing people or pets a trigger for removing a dangerous dog from
the premises.
Last year Tacoma Councilwoman Julie Anderson proposed levying a
breeder’s license fee against owners who did not spay or neuter their
pets.
Members of the show-dog community, which has no problems with charging
plenty of its own entry fees, called that unfair. Baloney. If they can
afford to show dogs, they can afford a breeder’s license.
Resurrect the proposal, and attach significant fines for scofflaws.
If you think that’s tough, consider the price pit bulls are paying
while we do nothing: Last year, Seattle Purebred Dog Rescue received
reports of 1,017 pit bulls in animal shelters. It has no reports of
adoptions for a single one of those dogs. It confirmed that 497 were
euthanized.
Kathleen Merryman: 253-597-8677
kathleen.merryman@ thenewstribune. com
http://www.thenewst ribune.com/ merryman/ story/141849. html?storylink=
mirelated



In March, 2009,









