NEWS/ALABAMA SUPREME COURT/ LINKS

For canine legislation = information and=20 other links visit:
BSL Information 2000-2002 http://www.voy.com/63218/

www.rott-n-chatter.com

United Kennel Club

http://www.ukcdogs.com

Washington Animal Foundation  http://members.tripod.com/waf4/index.htm

Poul Poulsen EUROWAF www.eurowaf.org

The = Alabama Supreme=20 Court / Hunstsville vs Shelia Tack, Kay=20 Nagel/WAF

http://www.ourdogs.co.uk/News/September2002/News060902/= bsl.htm

Pontiac Michigan/ WAF filed a = 500,000,00=20 dollar lawsuit against Pontiac on Decmeber 13th = 2001 for=20 passing a breed ban, the ban was repealed in = 2002.

http://www.dogsatriskusa.org/Pontiacpitbull.htm

In Ohio ACF is fighting two = constitutional=20 challenges against Ohio RC 955:11/22 which = declares the=20 American Pit Bull Terrier "vicious."

Toledo Blade News Story = 4/28/03

http://toledoblade.com/apps/pbcs.dll/article?Site=3DTO&Date=3D= 20030428&Category=3DNEWS08&ArtNo=3D104280100&Ref=3DAR&Sec= tionCat=3DARCHIVES30

Seattle PI News = Paper  =20 " Pit Bulls are not a problem in Seattle" http://seattlepi.nwsource.com/local/123505_dogs24.html

ACF presents expert testimony = in=20 Ohio:

http://toledoblade.com/apps/pbcs.dll/article?AID=3D/20030718/NEW= S16/107180147/-1/ARCHIVES30

On August 30, 2002 the Alabama = Supreme Court=20 affirmed a Trial Court decision that American Pit Bull = Terriers are not vicious. The American Pit Bull = Terriers were=20 born at the Huntsville Animal Shelter, after more than = two=20 years the Alabama Supreme court gave them their=20 freedom.

Reported by Attorney S. = Zendorf

On August 30, 2002 the Alabama = Supreme Court=20 affirmed a Circuit Court Decision that four = American Pit=20 Bull Terriers born at the Huntsville Animal Control = Shelter=20 "did not lack any usefull purpose" as required by the = local=20 ordinance. Huntsville v. Four Pit Bull Puppies (Ala.=20 08-30-02), No. 1010459, unreported. The court = determined that=20 the puppies were not trained to fight and were not = vicious. In=20 addition, it held that three women who wanted to adopt = them=20 had a right to intervene. The City of Hunstville = claimed the=20 Pit Bull puppies were genetically dangerous, used = expert=20 witness testimony, and appealed to the Alabama Supreme = Court=20 after the lower court rejected its arguments and=20 evidence.

The Alabama Supreme Court granted = the=20 Washington Animal Foundations's petition to = participate in the=20 proceedings as Amicus Curiae because the Foundation is = an=20 expert on canine genetics. The Foundation provided = expert=20 testimony to prove that Pit Bulls and other breeds are = not=20 inherently genetically dangerous and must be = trained to=20 fight .

By S. Zendorf (Attorney at=20 Law)

In New Jersey 2002/2003 Assemblyman=20 Burzichelli sponsored A2906 which was for=20 placing restrictions on Pit Bulls and = Rottweilers. The=20 Bill did not pass.

ACF worked with New Jersey Attorney = Jane Kelly=20 in changing the Assemblymans understanding of breed = specific=20 legislation. Below is a letter from Jane Kelly to the=20 Assemblyman.

  Subject: FAX =20 A-2906
Mark and Lisa, per my = conversation with=20 Mark today, I will shortly
be faxing Mark the = following for consideration as he works with=20 the
Assemblyman on drafting amendments to = A2906.=20 Since it is somewhat
lengthy, I will forward a = separate=20 packet to you and the Assemblyman
also, by mail if = that is=20 acceptable.

1. A Law enacted = by the State=20 of Washington and some pending amendatory language: = This=20 statute might serve as a model state law. It is = not breed=20 specific, addresses not only dangerous dogs but also=20 potentially dangerous dogs, and gives = municipalities the=20 ability to craft non BSL ordinances tailored to meet = their=20 particular needs. I believe there are even more =20 amendments in the planning stages in Washington which = we might=20 wish to explore.

2. An article which I = believe=20 was drafted by the Humane Society: I do NOT = endorse=20 all of the material contained therein (specifically = p.8)=20 Also, I think it is out of date in referencing = the status=20 of certain BSL ordinances it cites (e.g. Ohio). = Nonetheless,=20 the article may be useful in providing sample language = which=20 might be used in drafting non-BS legislation, for = example in=20 the definitions section. The basic thrust of the = article=20 clearly favors non BSL as more effective than SL = and=20 provides a good blueprint to follow when a town is = seeking=20 to adopt a non BSL ordinance to address perceived = problems.

Finally, be aware of a recent = (Sept.=20 2002) case in which the Supreme Court of Alabama = (7-2)=20 rejected the City of Huntsville's attempt to = prevent the=20 adoption of 4 pit bull puppies. Significantly, = the=20 Court affirmatively accepted scientific evidence=20 demonstrating that no breed of dog is = genetically=20 dangerous. A due process challenge had been put = forward=20 in the case. Let me know if you need more = information=20 relative to that ruling which is a significant = one.

I=20 also have the names of a State Senator and a Town = Attorney=20 (Walla Walla) whom Assemblyman Burzichelli may wish to = contact. I am advised that the non BSL ordinance = adopted=20 by Walla Walla has been extremely effective in = addressing=20 the dangerous dog problems experienced = there.

If the Assemblyman would like me to = forward=20 the names and phone
numbers, please let me=20 know.

I hope this will be helpful to the=20 Assemblyman. Once he has had a chance to consider = these=20 materials and if he wishes to discuss non breed = specific=20 amendments to A-2906, please let me know. We = would=20 be happy to come to Trenton to meet with him = again at his=20 convenience and will help in any way that we can. = Happy=20 New Year to you both and all the = best,

Jane

Never released = information,=20 documents and transcripts including information not=20 accessable to the general public without = consent by=20 ACF is now availiable by contacting ACF at=20 legislation2002.tripod.com

See evidence and motions used in the Jeffery Harris = case=20 were two American Pit Bull Terriers killed the = neigbors dog in=20 LA and were sententenced to death. After several=20 appeals the dogs were released under the = provocation laws=20 of California.

See evidence and speeches prepared by WAF = for a=20 Ponitac residence who in the beginning months took on = the=20 city by herself in a battle to repeal a = breed=20 ban passed in Pontiac Mi. which included national = oppostion,=20 protests and heavy news coverage and ended in a law = suit which=20 resulted in the city repealing 2119.

Alabama, see evidence used in the Alabama Supreme = Court=20 case not available to the public, including = strategies,=20 personal notes, and information on genetics.

See evidence and case law presented to New Jersey's = A2906=20 distributed to the entire General Assembly, including = notes=20 from the phone call from Assemblyman Burzicelli in the = end of=20 the bill. Also e-mails between organizations, memo = notes from=20 the meetings with assemblyman, lawyers notes and = strategies=20 used to assist the dog owners residing in New = Jersey.