The city of Lakewood, OH is facing a legal complaint regarding the city's Breed Restrictions.
The case is Tarquinio v City of Lakewood; and alleges that Chapter 506 of the Lakewood City Ordinance is unconstitutional because it violates due process and vague. The suit also alleges that the ordinance violates Home Rule doctrine of the Ohio Constitution. Lakewood's law allows the Director of Public Safety to make a pit bull classification "with or without a hearing."
The bill is apparently very similar to a case that was won vs the city of Toledo a couple of years ago, in which the city of Toledo's law (which Lakewood's law was modeled after) was ruled unconstiutional by the courts. The city had contemplated fighting the ruling, but instead, repealed their breed-specific legislation.
This isn't the first problem Lakewood has had with their breed specific legislation. If you'll remember, Leonard Shelton, a military veteran suffering from Post Traumatic Stress Disorder, was harrassed because his dog was alleged to be a 'pit bull'. Shelton got a DNA test done on his dog, Roscoe, and found the dog to be indeed, not a pit bull, but eventually moved from the city anyway after constant harrassment by the city. Shelton levied a lawsuit against the city, to the tune of $475,000.
Lakewood, like many cities, is already suffering from significant budget problems -- so more lawsuits are even more problematic for the city and their taxpayers -- especially in supporting a law based on a failed premise (not to mention the constant harrassment of innocent dog owners).
Lakewood becomes yet another shining example of the failures of laws that declare dogs dangerous based on their shape vs based on their actual behavior...and why all taxpayers pay when such laws are passed.