|
|
|
Pit bulls can be singled out (Toledo, Ohio)
Toledo’s vicious dog law
is upheld
Justices: Pit bulls can be singled out COLUMBUS — A Toledo ordinance and state laws singling out pit bulls as inherently vicious dogs are constitutional, the Ohio Supreme Court unanimously ruled yesterday. The dog owner who brought the legal challenge and the American Canine Foundation, which backs him, said they’ll seek an appeal before the U.S. Supreme Court. “Evidence proves that pit bulls cause more damage than other dogs when they attack, cause more fatalities in Ohio than other dogs, and cause Toledo police to fire weapons more often than people or other breeds of dogs cause the firing of weapons,” wrote Chief Justice Thomas Moyer. “We hold that the state of Ohio and the city of Toledo have a legitimate interest in protecting citizens from the dangers associated with pit bulls.” Justice Maureen O’Connor, who as lieutenant governor once served on a state dogfighting task force, joined in the unanimous vote but voiced her “disapproval” of a state law that “identifies pit bulls as vicious animals per se.” “A more thorough analysis of the dynamic would demonstrate the danger posed is the result of some dog owners, including drug dealers, who deliberately increase the dog’s aggression and lethalness through abuse or other specific methods of training,” she wrote. “Other property owners simply fail to properly train and supervise the animal, thereby creating dangerous behavior by the dog.” As of the end of July, Lucas County Dog Warden Tom Skeldon said 790 pit bulls had been confiscated or surrendered this year, a record pace. He estimated that 60 percent of them were ultimately destroyed.
“The owners of these dogs are attracted to them
because of their inherent genetic potential,” he said. “These dogs do
what they are bred to do — grab on, hold on, shake, and not let go until
it dies. The kinds of people who want that kind of animal are people who
will exacerbate those inherent aptitudes through mistreatment and
training. I don’t see them out there fighting poodles.”
Armed with this court victory, Mr. Skeldon said he plans to ask the county commissioners for permission to approach city council about enacting a mandatory spaying and neutering law for pit bulls. “When we hold a dog here, the chief argument used before the court is that this is a family pet, that it plays with the kids, that they had since it was a puppy,” he said. “When you say let’s have the dog spayed or neutered, they’re not interested in the dog anymore. This is a way to sift through those who really want the dog as a family pet and those who want it as a breeding animal.” The case stemmed from a lawsuit filed by Paul Tellings, who was cited for owning three pit bulls in violation of the city’s ordinance limiting households to one. The laws also require owners to have special liability insurance and mandate that dangerous dogs be muzzled or otherwise confined when off their home property. Mr. Tellings has temporarily returned to Toledo after his Michigan home burned under suspicious circumstances on July 7. He said he now owns two pit bulls, one of which is a puppy. “After I lose my house, they tell me I can’t own two dogs,” Mr. Tellings said. “This is a free country, not a straight dictatorship. That will never change. This is not over.” The state Supreme Court decision reversed a 2-1 ruling by the 6th District Court of Appeals that determined Toledo’s ordinance was vague and violated the constitutional right of dog owners to provide evidence challenging the assumption their dogs are vicious. The appellate court had overturned a Lucas County Common Pleas Court ruling that found that, while pit bulls are generally no more dangerous than other breeds, Toledo’s experience showed they do present dangers in urban areas. “We’re very pleased the Supreme Court ruled the way it did, especially since the recent publicity with [Atlanta Falcons quarterback] Michael Vick,” said Adam Loukx, the city’s general counsel. “We’ve always been concerned not only about the danger to the public, passers-by, and the police, but we also didn’t want to encourage any kind of dogfighting.” Mr. Vick recently pleaded not guilty to a charge of running a dogfighting operation. Glen Bui, founder of the American Canine Foundation, said he believes the U.S. Supreme Court will agree to hear the Toledo case. “This is a national concern,” he said. “It involves more than American pit bull terriers. Some states are trying to ban 11 or 12 breeds at a time.” Contact Jim Provance at: jprovance@theblade.com or 614-221-0496.
|
|
|