Denver changes law regarding pit bulls, lies about it, & Denver's opportunity to vote them out

Late last week, news came out about a slight change to the city's 20 year old ban on 'pit bulls'.

Quietly, without any public input, the city adopted a policy that any 'pit bull' that is identified as a service dog will not be impounded. This reverses a decision in which the city stubbornly refused to come into compliance with the official ADA ruling regarding service dogs by voting 9-4 against changes in December.

The change comes as the city is facing several class-action lawsuits from a disabled people who are using 'pit bulls' as service animals.

However, even in changing the rules, Denver still appears to be in violation of the ADA because they put policies in place that allow them to investigate a service animal to "verify or disaffirm an owner, keeper or possessor's claim that the pit bull is a qualified service animal."  This investigation can include checking to be sure the dog is not aggressive toward people or other animals, is tolerant of strange sights, sounds, odors, etc in a "wide variety" of public settings, and ignores food dropped on the floor in the dog's vicinity while working outside the home. Such interrogation is not allowed under the ADA (I can already see ACO Doug Kelley trying to confiscate a service dog now for having an affinity for peperoni sticks).

The Denver rules do allow the dog to be confiscated if the dog is determined to be a threat based on its behavior or actions on a case-by-case basis. This is allowed under the ADA -- and is actually the most effective policy regardless of whether the dog is a service dog or not.

You can read the policy in its entirety here (it's 4 pages).

Meanwhile, apparently Doug Kelley is now saying that these exemptions for service dogs have been allowed all along. According to an article in the Denver Daily News, Kelley said:

"We have always allowed pit bulls as service dogs. I think what they're talking about is it was memorialized in writing."

I guess that's one way to look at it. But interesting that this comes up 6 months after the city voted to NOT allow for exemptions. In that meeting, Councilman Charlie Brown urged his colleagues to not "roll over and play dead" when it comes to abiding by the federal law and also expressed concern that people would "game the system" to keep aggressive dogs by saying they were service dogs. He even warned about "Paraplegic drug dealers".  No kidding.

After that meeting, the Assistant City Attorney David Broadwell declined do comment about the council's decision saying:

"Projecting who might sue us, or how they might sue us, is something with some senstivitiy around it."

That doesn't sound like the words of people who always felt there was an exemption.

Fortunately, Jennifer Edwards, the attorney with the Animal Law Center has called Kelley out on his rewriting of history:

"I suppose this is their newest tactic to say, 'This is how has always been.'  If that were the case, we would have never had people denied by Doug Kelley himself to have pit bulls service dogs, we would have never had to get a signed stipulation between our office and the City of Denver protecting our clients in March last year, and we would have never had to file a federal lawsuit."

Oh yeah, all that stuff.

Meanwhile, David Broadwell -- the same guy who declined to comment about who might sue the city after the council declined to pass the exception for service animals -- is now also saying this has always been policy.

"Both before and after the Council discussion in December 2010, our animal control officers have acted in accordance with the new ADA regulations in the actual day-to-day enforcement of the pit bull ordinance even though the ordinance does not expressly recognize this exception.”

Apparently the folks in Denver think a) they can rewrite history and b) that their constituents are too ignorant to notice.  Keep it classy folks.

So if you are in Denver, now is your chance to rewrite the future.

Tomorrow, Denver will be hosting a city-wide election for a new mayor and city council members. Bless the Bullies has some of the candidate's positions here, and one more here, and here's a more detailed spreadsheet with the info from each of the council districts.

If you live in Denver, please make your voice heard. Even if you are not an animal lover, your tax dollars continue to be used to fight off lawsuits to keep a law that is not working and continue to disrupt people's lives. And the council and city leaders continue to perpetuate hysteria in the face of facts, and then are trying to re-write history in order to make themselves look less foolish.

Best of luck to the good candidates in Denver tomorrow.

Comments

[Roberta Beach]

Stupid continues. Denver is not alone. Other issues come up and I go "what? from where are you coming with that?" Sigh.

[EmilyS]

we have always been at war with eastasia...

[EmilyS]

follow up with comments from the plaintiff lawyer"

http://blogs.westword.com/latestword/2011/05/pit_bulls_service_dogs_lawsuit.php

[Love Pitts Love all Animals]

I have lived in Colorado my whole entire life and I think DENVER COLORADO needs to rethink this Law about not owning Pitbulls they need to look at some of the owners of the dog not blame the pitbulls! I think it is sad that responsible owners who have had Pitbulls and had to give thier Best friend up or Euthanize the dog is sooooooo WRONG!! I rescue animals and if I could save every animal in this world I would,but I will do what I can to save one ;0)

[kas]

I can not believe that Denver does this. Ihave a rottie and found a pitbull one night when I was wlaking in a snow storm. He had been just tied up and left, he was about 6 months old and I decided to keep him. He has now been wth me for over 2 years and my two dogs are so close that they don't eat when one I not around. I never wasa pitbull person before finding him bc I like the big drooly dogs but after taking him in I plan to get another down the road. He's a complete mommas boy and listens better than my stubburn rottie. I truely believe that these dogs are blamed for owners that do not do the training and do not treat them well. I would be mortified and prob get arrested myself if anyone ever took my dog from me. My heart goes out to those that have had their dogstaken away. Please Denver... hold the bad owners accountable, not the poor misjudged dogs. Come meet my pit and see if you could bring yourself to put this little baby down. Shame on you for judging!

[Richard N]

Just for giggles, what are the political persuasion of the city 'fathers' who voted-in this crap ???

And... anyone got a link to the lawsuit with the ADA ??
This one isn't over, yet.

[Linda Hyams]

Hey, what was the outcome of the election? I live in OKC, and have rescued over 25 dogs and rehomed them. I still have seven, one a pit bull. I am so angry that animal control won't deal with abuse issues or respnd to calls for help (because they say they are too busy) but the support bans like this. My friend's chihuahua is way more aggressive than my pack of seven. I walk them all together by myself and have never had a problem. The irresponsible owners should be held accountable, not the dog.

[Brent]

Linda -- it was mostly bad news...with mostly the same old same old retainng their seats.

[cAITLEN]

IVE LIVED WITH TWO PITBULLS NOW AND BEEN AROUND PLEANTY... SEEING WHAT DENVER HAS DONE IS DISGUSTING AND DISGRACEFUL! SEEING JUST ONE PICTURE OF ALL THE OLD AND YOUNG PITS IN A PILE WAS ENOUGH FOR ME! PITS ARE BEAUTIFUL, SMART, CARRING, AND ALWAYS WANTING TO PLEASE HIS/HER OWNER. THIS HAS BEEN A MASACRE AND NEEDS TO BE PUT TO A STOP. MY HEART GOES OUT TO ALL OF THE FAMILIES THAT HAD THERE PUPS TAKEN AWAY FROM THEM BECAUSE OF HIGHER HUMAN IGNORANCE. I KNOW I WONT STEP FOOT IN DENVER OR THE STATE OF COLORADO UNTIL IT STOPS. WHICH IS SAD I HAD ALWAYS WANTED TO GO BECAUSE OF ALL THE BEAUTIFUL LANDSCAPE , BUT THIS HAS THROWN ME INTO REVERSE. SHAME ON DENVER.

[Deborah Forrest]

There are no bad dogs, only bad owners... I would never visit such a city where they decide what breed of dog a person can own.Who in their right mind would want to live there? It's like a nazi occupation. Pit Bulls are beautiful, gentle animals, much better than the IGNORANT lawmakers in Denver. There are much better places to go on vacation or to live for that matter. Boycott Denver!!!

[michelle]

Did those who sent their dogs away ever get them back? I saw a Pit Boss episode about this stupid idea that Denver put into action and was curious.

[Brent]

Michelle, I do not know what became of most of the dogs that got sent away.