Municipal governments from New York City to Miami, and from Council Bluffs, Iowa to Denver, have responded to fear of pit bulls and similar breeds of dogs, by severely restricting their ownership or banning them entirely from their jurisdictions.  Now, thanks to a rule issued recently by the U.S. Department of Justice, such actions are subject to being struck down.  Jurisdictions now considering such overreactions, such as Douglasville, Georgia, would be well-advised to review the Justice Department’s opinion before proceeding.

Dog owners and humane societies have long-opposed such arbitrary and overly broad laws that penalize thousands of pit bull owners who maintain their canine companions properly and without incident, because of a small number who fail to properly train and control the dogs.  Courts generally have permitted such ordinances to stand, based on deference to the so-called “police power” of local governments to protect the public “safety and welfare.”

The 20-year old, federal Americans With Disabilities Act (”ADA”), however, may put a stop to such “breed-specific legislation.”  The ADA protects measures designed to help persons with disabilities, which includes dogs used by disabled persons for assistance.  Laws that outlaw ownership of entire breeds, including those that might be used for assistive purposes, would limit the ability of persons with disabilities to use such pets, and would therefore violate the ADA and be deemed by the Justice Department to be unlawful.

In what some might consider a rare example of the federal government recognizing that laws can be overly broad and therefore harmful to individual liberty, the Justice Department’s opinion on breed-specific legislation noted that such laws sweep too broadly; and that it is inappropriate to outlaw an entire breed of dogs because a small number cause problems.  Such problems are the result of owners not restraining their dogs properly or inadequately training them, rather than the result of a particular breed’s disposition, and can be addressed by more narrowly-crafted legislation.

Unfortunately, there are still those, like the mayor of Douglasville, Georgia, who favor overly restrictive measures.  The mayor recently noted in support of the city’s proposed pit bull ordinance, that he had no problem singling out pit bulls, because he sees them “on TV” causing “incidents.”    One would hope that local government officials might on their own possess some understanding of limited government and individual liberty; but if the Justice Department at least in this instance will ensure that they do so by way of a federal law, then the feds are serving as an important check on excessive government power.

Read the comments and see the original article here

“I am writing in response to the regular position of some of your writers in support of Breed Specific Legislation. When people say that pit bulls are dangerous, they are making a generalization, just as insurance companies use generalizations when they charge young men more for car insurance. Generalizing what “pit bulls” are capable of, or any other breed, is profiling, a practice frowned upon in the human world and no fairer for canines. Contrary to these generalizations, there are a lot of pit bulls who are licensed therapy dogs and in a drill by the American Temperament Test Society to test temperament, “pit bull’s” rated 85% positive ahead of “family dogs” such as Airedales and Beagles. Also, some governments are finding out that BSL laws just don’t work. Holland and Italy have after many years of seeing no positive change, lifted their breed specific bans and instead implemented stricter owner regulations.
Many more productive solutions can be implemented domestically as well that will appease supporters and non supporters of the legislation. Programs to regulate breeding, educate the public on pet ownership, stricter screening at adoption agencies, mandatory maximum penalty for negligent pet owners and aggressive campaigning for spay/neutering are just some of the programs that could do much more than banning specific breeds. The overly simplified solution of BSL cannot replace the effects of action and education. Ultimately, finding alternatives to BSL laws would show an active interest in pleasing both pro BSL and anti-BSL supporters, both of whom deserve their rights considered in an issue so controversial.”

TORONTO — The Ontario Court of Appeal on Friday re-affirmed a law banning pit bull-type dogs in the province.

Last month, lawyer Clayton Ruby told a three-judge panel the definition of a pit bull under the Dog Owner’s Liability Act is vague because it snares dozens of breeds that look like pit bulls, but are other breeds, half-breeds or mutts.

Ruby said Friday he was disappointed by the ruling.

“Sadly, the absolute and unnecessary ban on ‘pit bulls’ in Ontario remains,” the lawyer said in a statement.

“We are very disappointed with the decision of the court of appeal. We continue to believe that the definition of ‘pit bull’ is overly broad and vague. The evidence clearly demonstrates that the definition captures dogs that pose no threat to any person or animal.”

He added the court has simply accepted the government’s assertion that there is a ‘reasoned apprehension of harm’ about ‘pit bulls’ to justify the ban, without allowing opponents to show that there is no credible evidence to support this.

Under the provincial law, pit bulls are defined as American pit bull terrier, Staffordshire bull terrier, American Staffordshire bull terrier or any dog that looks similar.

Owners are required to have their dogs neutered, muzzled and on a leash in public.

Violators face a maximum penalty of $10,000 and six months in jail.

article here

We are a blog and information center dedicated to the eradication of ignorance against dog breeds at risk of being banned worldwide. No breed should be treated as criminals because of the behavior of a few poorly treated and/or trained individual dogs. A dogs behavior is directly related to its training and we believe that the responsibility is on the owner who trained the dog to fight or mistreated the dog so horribly. These amazing dogs are important parts of families around the world and no one should expect anyone to hand over beloved pets any sooner than our own children.

Our site mascot is a rescued pitbull mix named Chena. Saved her from almost certain doom 9 years ago, she has been a most solid and consistently dependable friend. She is unendingly loving, perfectly behaved and at peace with other animals. She loves children, has an extreme (understanding of) vocabulary and we cant imagine our life without her. Sadly, she was diagnosed with diabetes about 2 years ago but has been going strong regardless. I hope to open minds and hearts to animals like Chena, faithful, loving and intelligent. It is speciesism and wrong. Please read our BSL Facts page and comment as you feel! Thanks!