Our Dogs - News Section

BSL defeated = in US=20 historic court ruling

BREED SPECIFIC Legislation was dealt a savage blow = last week=20 in an historic victory for American campaigners when the = Supreme=20 Court in Alabama ruled that there was no genetic evidence = that one=20 breed of dog was more dangerous than another, simply because = of its=20 breed.

Around the world, anti-BSL campaigners are = rejoicing=20 at the ruling that drew on evidence provided by genuine = canine=20 experts, which was favoured by the judges over subjective = evidence,=20 put forward by veterinarians and politicians. The court = ruling and=20 the evidence used may now be legitimately used to fight BSL = in other=20 countries such as Germany and Australia, as well as other US = States.=20 In the UK, the 1991 Dangerous Dogs Act could possibly be = open to a=20 direct legal challenge in the same way.

Shelter

The action in Alabama was = brought by=20 the Washington Animal Foundation (WAF) against the city of=20 Huntsville, which had claimed that American Pit Bull = Terriers were=20 =91genetically dangerous=92.

The case centred on four = pit bulls=20 held in an animal shelter and adopted by three local women. = The dogs=20 were survivors of a group of over 50 pit bulls seized in a = raid on a=20 dog-fighting ring in April 2000. Half of the dogs died from = injuries=20 or disease, whilst the reminder =96including four puppies - = were held=20 at the City pound and put up for adoption.

Sheila = Tack, an=20 emergency room nurse at Crestwood Hospital, adopted two of = the=20 puppies that she named Justice and Elizabeth. Whilst they = remained=20 impounded, she visited them twice a week.

The other = puppies,=20 David and Nellie, were adopted by Kay Nagel, a military = officer=92s=20 wife and resident of Redstone Arsenal, and Loyce Fisher, a = civil=20 service worker from Cullman.

However, the City = Council=20 refused to release the dogs, stating that they were a = potential=20 danger to human beings, although none had apparently = displayed any=20 aggression.

The matter was referred to court for a = legal=20 decision on the dogs=92 fate. During a hearing last year, = lawyers=20 representing the city, Michael Fees and Greg Burgess, told = Madison=20 County Circuit Judge Joe Battle the animals were vicious and = should=20 not be rehomed.

The women, who did not have a lawyer, = argued=20 the animals were never trained to fight and conditioning can = suppress any vicious tendencies the dogs might = have.

Judge=20 Battle agreed and on Nov 13 2001, declared the four young = pit bulls=20 were not dangerous because they were never trained to fight. = The=20 court allowed the city to destroy 21 adult pit bulls which = had been=20 used for fighting.

However, the City appealed = Battle's ruling=20 to the Alabama Supreme Court and asked the court for an = order=20 preventing the women from taking custody of the = dogs.

At this=20 point, Seattle-based WAF became involved in the case and = appointed=20 Huntsville lawyer Mike Seibert to fight their case, based on = evidence they gathered to counter the City lawyer=92s claims = that all=20 Pit Bulls were =91genetically dangerous=92.

Happy

The foundation hired = veterinarian Dr.=20 Alan Jones of Hazel Green to examine the dogs. But the = officers at=20 the shelter do not allow anyone to have physical contact = with the=20 pit bulls, even vet Jones.

"They looked fat and = happy," he=20 said. "They seemed starved for attention and not aggressive = at=20 all"

Glen Bui, spokesman for WAF told a local = newspaper that=20 the dogs should be released.

"I believe that the City = of=20 Huntsville is wasting thousands of taxpayers' dollars = attempting to=20 destroy innocent dogs that were already given by the circuit = court=20 to the three women,' he said.

WAF filed an Amicus = (third=20 party) submitting genetic proof that Pit Bulls are not = dangerous.=20

The city of Huntsville were backed by the extremist = animal=20 rights organisation PETA that Pit Bulls were genetically = dangerous,=20 with evidence provided by veterinarians, none of whom was an = expert=20 in any specific canine or genetical field.

WAF cited = case=20 laws under Due Process of the law, and stated that it was=20 unconstitutional to rule a specific breed of dog as = =91dangerous=92 in=20 this way. They also claimed it was =91genocide=92 to try to = eradicate=20 the pit bull breed.

WAF submitted evidence to the = Supreme=20 Court that they were able to provide:

1. = Identification of=20 expert treatises regarding the genetics of the breed in=20 question

2. Testing and studies regarding genetics = verses=20 environment as the catalyst for a specific dog breed=92s=20 aggression

3. Social contributions made by the = American Pit=20 Bull Terrier (i.e. as Assistance Dogs, Search and Rescue = Dogs=20 etc.)

4. The association=92s brief assisted the court = as it had=20 substantial knowledge concerning the issue before the=20 court

5.The briefs filed by the City were = insufficient to=20 adequately address the far reaching issues involving genetic = breed=20 bias

6. The Foundation read all briefs and believed = that=20 innocent pet owners and innocent pets were not represented = by either=20 brief.

Deadline

WAF co-founder Glen Bui told = OUR DOGS=20 this week: "The court granted WAF's petition and allowed us = seven=20 days to file amicus curiae (disinterested adviser). Myself = along=20 with Attorney Mike Seibert worked on the amicus long hours = into the=20 night, while WAF members Kay Nagel and Sheila Tack proofread = and=20 added input. It was finished with less than one hour before = the=20 deadline to file and Sheila raced to the US post office and = sent it=20 certified mail.

"Huntsville's entire case rested on=20 affidavits from veterinarians claiming they examined the = four pit=20 bull pups and that were would pose a danger to the community = because=20 pit bulls are genetically dangerous. They also claimed the = women had=20 no legal right to adopt the pups, this was also addressed in = the=20 amicus brief."

On Friday, August 30, the Supreme = Court ruled=20 7-2 in WAF=92s favour and ordered that the dogs should be = released for=20 adoption, accepting the evidence but forward by WAF that no = breed of=20 dog is genetically dangerous.
"This is fantastic news," = said Bui.=20 "The city could appeal against the ruling, but I=92d like to = think=20 they=92ll give way and release the dogs to their new owners = so that=20 they can enjoy a good life. Two of them will be trained as = Search=20 and Rescue Dogs; the other two will become pets. The pit = bulls have=20 been evaluated and temperament tested before they are = released, they=20 are being spayed and neutered. The city did tell the media = that the=20 dogs would be released, so let=92s hope they keep their=20 word."

Genetic

Bui also told OUR DOGS this = week: "For=20 years the American Pit Bull Terrier has been alleged to be = dangerous=20 because of its genetics. Never has WAF found any genetic = research=20 proving that. When we were asked by three Huntsville women = for help,=20 they told us nobody else would help them, they had contacted = everyone who fights BSL. We knew the women had to face the = Supreme=20 Court and this was a very serious case. We knew we had the = genetic=20 proof that no breed of dog is dangerous.

"We knew we = also=20 had statistics which proved the APBT has one of the best=20 temperaments out of 185 dog breeds along with a strong legal = defence. Being aware that never in the past had anyone ever = argued=20 the point, after contemplating the outcome if the women = lost, I=20 decided to bring WAF into the case, on the last day before = the=20 deadline for filing briefs in the Supreme Court WAF = petitioned for=20 Amicus Curiae.

"This case set a standard for future = cases=20 concerning BSL and genetics. We put several years of = research into=20 genetics and due process. We will use the statistics in = Ohio; we=20 have received assistance from state agencies in Ohio to = investigate=20 the Lucas County Dog Warden rulings on BSL in that State, as = Ohio is=20 totally BSL-controlled. Dog owners in Ohio really could use = support=20 right now. "It was a long battle and now we have proved the = American=20 Pit Bull terrier is not genetically dangerous." =