I think it's safe to say that you already know Breed Specific Legislation (herein referred to as "BSL") is ineffective in carrying out the purpose for which these laws are enacted. BSL is impulsive and shortsighted. It provides a false sense of security to those who fail to understand or recognize the impact these laws have on well-behaved dogs (incarceration, physical and psychological trauma, exile, death) and responsible dog guardians (unjust punishment, forceful relinquishment of companion, physical or psychological trauma). BSL also fails to address the danger that an untrained or improperly trained dog"”of any breed"”may present to others.
Policy makers who support BSL haven't taken the time to educate themselves about canine temperament or the importance of proper training. Others are duped by so-called statistics that leave out fundamental information, thereby skewing results in favor of BSL. A properly trained and socialized dog"”of any breed"”will make a safe and loyal companion.
If you are a dog guardian and you find yourself in or around a city that outlaws a particular breed of dog"”beware. The first thing to be aware of is the law's definitions. Find out what breed or breeds are banned. Remember that frequently, people don't actually know what breed or breeds make up their dog! Even if you do, you still may not be able to prevent your dog from being seized, incarcerated, sent away from you, or killed.
For example, in Denver, it is "unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport, or sell within the city any pit bull." It's worth noting that "pit bull" is defined as "any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog displaying the majority of physical traits of any one (1) or more of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds."
Huh? Who determines if a dog displays the "majority of physical traits" or "exhibits distinguishing characteristics which substantially conform to standards established by the AKC or UKC"? Is it even appropriate to refer to AKC or UKC standards in the context of a breed ban? In Denver, as recently as October 2009, so-called "experts" who make these determinations day in and day out found a particular dog to be a pit bull. The dog's guardian disagreed. He had qualified experts evaluate the dog and then challenged Denver's determination. Ultimately, Denver was found to be wrong. The dog was not a pit bull. Oops.
We have officials making decisions they aren't qualified to make. We have dogs who aren't even prohibited under the law being seized and killed. We have dogs who are harmless being seized and killed. Even if experts found the dog referenced above to be a pit bull"”that still isn't justification the dog should be outlawed. There are many flaws with the language
in and enforcement of BSL. That's only the beginning of the problem. The main problem is the ban itself. A blanket prohibition on a particular breed doesn't effectively resolve real problems such as irresponsible guardianship.
If you live in or around a city with BSL, do not even think about hiding your dog! Find out what the prohibitions are (owning, possessing, driving through, etc.) and comply with the law. Otherwise, you risk your dog's life! If the authorities are attempting to seize your dog, demand to see and review a valid warrant (government can't lawfully take your dog unless it meets specific constitutional requirements). Adamantly refuse to relinquish your dog. Contact the local anti-BSL organization in your area and an Animal Law attorney in your state. Beware of signing anything presented to you by authorities, as they often request signatures from guardians who unknowingly incriminate themselves and admit their dog is a prohibited breed, which has severe consequences. Other documents (unlawfully) waive away your constitutional right to a hearing or the right to appeal.
While you may have a lawsuit against a city or government official regarding how the ban is enforced with respect to you and your dog, dogs will continue to be seized and killed and irresponsible guardians will continue to be irresponsible if people don't push for change in the law itself.
There are many ways to push for change. Be responsible. Spay/neuter your dog and ensure he or she is properly trained and socialized.
Take action. Educate friends, family, and dog guardians about BSL. Pass out information sheets at any place where people have or bring dogs. Submit letters to the editor in your state's newspapers. Learn about your local anti-BSL organizations and see how you can help them spread the word. See how you can help a local shelter find new homes for prohibited dogs. Learn who your city's policy makers are and what their position is on BSL. Go to city council meetings and politely state your objections to BSL. Send council members emails and mail them handwritten, heartfelt letters. Denver City Council members are listed online at: http://www.denvergov.org/Default.aspx?alias=www.denvergov.org/citycouncil . Self-proclaimed dog lover and Council member Carla Madison is currently seeking opinions on BSL in Denver. She can be emailed at
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
.
For more information or to contact: Gabriela Sandoval Attorney at Law Child & Animal Welfare Law Offices of the Rocky Mountains 600 17th Street, Suite #2800 South Denver, CO 80202 (303) 954-4580 www.childandanimalaw.com Email:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
