KC DOG BLOG

Random thoughts on due process

Munchie was put down on Monday.  Authorities in Ontario believed that the dog to the left was "substantially similar" to a 'pit bull' and killed the dog.

A certified CKC judge testified that in his professional (and expert) opinion, the dog was a a Labrador retriever cross.  However, apparently dog wardens testimony carried more weight than a certified trained and professional judge.

For the crime of looking too much like another type of dog, Munchie is dead.  Lab owners everywhere should be very concerned.

Meanwhile, after further reading and getting some thoughts from people who speak legalise better than I do on the Ohio Attorney General's ruling that the Ohio Dangerous Dog ordinance is unconstitutional, it turns out that the Ohio AG isn't too concerned about the breed specific parts of the ordinance.  Apparently he's very concerned about the due process part of the Constitution for dogs that have been accused of biting someone and acting aggressively, but is not concerned about the due process part of the law when it comes to a dog looking like a generic type of dog.  So in other words, someone in Ohio, with a dog that looks like Munchie could have their dog taken and killed and there is nothing they could do about it.  Yikes.

This is still good news for Ohioans.  They are still throwing out their law and have to rewrite it.  With that having to happen, there is always a chance that it could be re-written to not include BSL.  Here's to keeping our fingers crossed for that.

Meanwhile, I find it facinating that people's rights to due process and having to be proven guilty beyond a reasonable doubt is not a bigger concern and outrage to a larger number of people. 

I hope that changes soon...before none of us get our fair day in court.

Louisville Judge Throws Out Dangerous Dog Law

Jefferson Circuit Judge Martin McDonald threw out the Louisville dangerous dog ordinance yesterday.

According to Judge McDonald, the city council violated the state's open meetings act by meeting behind the scenes before introducing the December 2006 law.  The city administrators think that this only pertains to the older law, but not the updated one in April 2007 and December 2007 -- although McDonald notes tha there would have been nothing to amend without the original (illegal) ordinance.  The city is still going to enforce its ordinance until the dispute is resolved.

Here's the news story.

Here's another story that mentions that a federal lawsuit centered around the vagueness of the law may be a partial cause.

Oh, and here's Caveat's take, who beat me to this story today.

That's two overturns in two days.  I'm liking this trend.

Ohio State BSL Ordinance Declared Unconstitutional

According to the State Attorney General Marc Dann, it appears that it is.

In a statement written yesterday, Dann files a response to a request by a Fairfield County prosecuting attorney regarding the regarding the Constitutionality of Ohio's BSL. 

"In 2004, the Ohio Supreme Court decided a case, State v. Cowan, which successfully challenged parts of the state law on the control of dangerous and vicious dogs as unconstitutional. The court found that the state law failed to guarantee an accused dog owner sufficient procedural due process, a violation of the dog owner’s constitutional rights. In his opinion, the Attorney General explains the only remedy to that due process flaw is to have the General Assembly amend the statute. That has not yet happened."

Dann goes on to note that the state must rewrite its BSL statute to include processes for assuring due process.  He also notes that cities and counties can institute BSL as long as they include processs for assuring due process where owners are allowed to challenge the animal control director's decision that their dog is "dangerous" or "vicious" based on the dog's type.  What this means for cities, is that with the burden of proof that a dog is a 'pit bull' now falls on the city -- which will prove to be costly, if not impossible, for them to do.   There are many cities in other states that have also been violating due process as stated by Dann.

Here is the press release from the Ohio Attorney General's Office. 

Here is the 18-page detailed document that details the court hearings, why the ordinance is unconstitutional, and why individual cities can't override the state ordinance.  Some good reading. in there -- especially for legal junkies.

Hat Tip, Marc G. 

Other reading

I'm pretty busy today with my real job, so I'm going to pass you along to some other reading.  It's "pit bull week' over at Fetchdog .com -- Julie Szabo, a popular national writer on all things dog helps them with several of their blogs over there and does a solid job.  So go check it out.  There are some posts on the Nosetotheground Blog and another great entry over in this location entitled "Pity the Pit Bull, the Most Abused Dog Breed in the World".  And here's one more.

So go check it out.  It's always nice to encourage those that are out there helping the cause.

Sunday Conversation

Sunday was one of the first decent weather days of the coming spring here in Kansas City, so we took the opportunity to burn off some excess energy from the dogs with a long walk.

One of the things I love about living in an urban neighborhood and owning "pit bulls" is that I get to have conversations with people that normally wouldn't just stop us for conversations.  It's pretty fun.

So on Sunday, a young man stopped us to ask about our dogs.  He thought they were beautiful dogs (they are) and really nice.  He asked if we were breeding puppies.  We informed him that there were so many of these dogs dying in our local shelter that we got them spayed and neutered.  He said that he wants to get a dog like ours (and of course, who wouldn't?).

But the conversation left me thinking.  This guy is, some day, going to get himself a pit bull.  As a black male in his early 20s that lives in an urban area, I'm thinking his odds of passing the application process for a 'pit bull' rescue are quite slim.  The KCMO animal shelter doesn't adopt out 'pit bulls".  Therefore, when this guy gets a dog, he'll get one from someone who bred the dog for some puppies...and will then end up with an unneutered 'pit bull'.   With which, he'll likely have some puppies of his own (because he'll want to recoup some of his money for buying the dog in the first place, plus, we all think we have the best dogs imaginable and it would be irresponsible NOT to breed them, right?).   And the cycle will continue...

So here's the problem -- and I don't have a solution for it.

It's pretty clear that BSL Mandatory Spay/neuter (which KCMO has) isnt' going to keep this guy from getting a dog from somewhere.  If there is demand for something, someone is going to be willing to supply it.  So this guy is going to get a dog.  Ideally, we'd love it for this guy to adopt a dog from somewhere -- the dog will be spayed/neutered and it's saving a dog from almost certain death in the shelter versus creating demand for back-yard bred dogs. 

I know that rescues want to be very responsible for who they adopt to and I respect why they screen people. But at the end of the day, people who want dogs are going to get dogs.  And I am 100% certain many of these "less than perfect" people would be good dog owners.  In fact, a good many of the people we meet on our walks care greatly about their dogs -- and you can tell it by the way they talk about them.

I've always maintained that if we could meet the demand for pit bull and other types of dogs in the inner cities and other 'high risk" areas with rescue dogs, we could solve a lot of problems.  We would be supplying spayed and neutered dogs, and creating opportunities for education.  However, the Animal Welfare world hasn't figured out how to deal with this.  Rescues are inundated rescuing and making time for education is difficult.  But in the meantime there is a demand for dogs in the urban core that can only be met by backyard breeders.  If there is money to be made from breeding dogs, people will find a way to make that money, regardless of whether it is legal to have an unaltered dog or not.  You can't curb demand by going after the supply.  It's one of the reasons our war on drugs is a huge waste of time and money not successful.

So does anyone have a solution that has worked?  Has anyone figured out a successful adoption/screening/education program for people that most rescues consider higher-risk?  I would love the feedback...because I think this is a problem that we badly need to find solutions for.

9 year old girl attacked by 'pit bull' in Seattle

Here's one of the bigger stories for the week, and I set it aside for its own header.  It deserves it.

In Seattle, a 9 year old girl was bitten in the face by a 'pit bull'.  The story got a ton of media coverage.  And even has a local Seattle group, of course, jumping on the opportunity to push for some kind of 'pit bull' ban.  More on that later.

Onto the attack itself.

Richard Moore was supposedly watching a dog (we'll call it a 'pit bull', because that's what it was identified as, but it sure looks like it has American Bulldog in it to me) for his friend.  The dog was being kept 'chained up' in an old shed in the back yard. I put chained up in quotes because most news sources are saying it was chained up, but the video shows a nylon leash that was used for the tethering.  Go to the story and click "watch the video".

The dog has shown som aggression to Mr. Moore, but on this day, his daughter Maysia was out in the back yard when the dog got loose from the "chain", broke out of the rickety shed, and bit the girl in the face. 

At this point, a lot of things could be learned.  Dogs with a problem with aggression need to be dealt with and not isolated.  Chaining a dog in a rickety old shed where it is isolated from seeing anyone or anything or anyone, is no way to keep a dog.   Using a nylon leash as a permanent tether is not going to be successful because most dogs can easily chew through a nylon leash.  And, the dog doesn't appear to be all that well cared for.  Oh, and if you have a strange dog with signs of aggression, just know that your kid is going to be the most vulnerable.

Instead of focusing on these issues, the media very much played up the 'pit bull' part of the attack. Meanwhile, a Seattle Group with which most of your are familiar, the Families Against Fighting Breeds, has used this incident (which had many other factors that were way more of a factor in the bite other than breed) to call for a 'pit bull' ban.

This is a huge concern.  It's always a concern when a 'mad mothers' group starts calling on a ban on anything.  For some reason, city council's really like listening to upset people who have no knowledge or experience about their topic.  These are NOT the types of people that should be making law recommendations.  This group, at least, makes no bones about their motives -- which is not public safety.  No, they're motives, even on their own website, are to create breed-specific laws. 

When it comes to making laws regarding canines, it would be best to listen to canine experts like the AVMA and ASCA.  Cities should take the recommendations of experts like dog trainers, local canine groups, and shelter workers.  Or individual experts like Jim Crosby or Karen Delise.  These groups are unanimous in their views that Breed Specific Legislation is not viable legislation.

So a lot could be learned from the attack in Seattle.  Will the city listen to canine behavior experts who will point to the other factors involved in the attack as to why it happened (something that could save lives later on), or will they listen to a group of people with an ax to grind who have no mission of public safety -- and what is in the best interests of people or the animals?  Time will tell.

Weekly Roundup -- Week Ending 2/24/08

  Crazy busy week with a lot of headlines to get through -- so I'm going to keep most of the comentary to a minimum this week and focus on the headlines.

Siberian Husky may face death after shih tzu death

The Husky was running loose and attacked the much smaller dog in its back yard.

"Large Dog" attacks, injures two

The Bull Mastiff was running loose and attacked two women. It's interesting that the headline reads "Large dog" instead "Bull Mastiff".

Here's another reason to have control of your dog on a Leash

A Kansas City woman this week got pulled by her dog that went chasing after some geese on a frozen pond.  The dog pulled th woman onto the ice and the ice gave way beneath her.  A passerby saw her stuck in the lake and called the fire department to rescue her.  The woman and the dog are fine.

Tennessee Animal Control Officer injured in 'pit bull' attack

The officer was at the home to confiscate the dogs which were considered dangerous after recently attacking a 15 year.

"Dog" kills other dog

Another off-leash Bull Mastiff attacks and is again listed as a "dog" in the headline.

"Pit bull" attacks (and kills) Chihuahua

The Chihuahua's owner, Donna McWhorter says that she had called the Murray County Animal Control repeatedly because the dog regularly ran loose in the neighborhood and yet animal control was unable to control the dog or resolve the situation prior to something bad happening.

"Dogs" attack, kill Chihuahua

This one is from Kansas City.  These loose "dogs" (an American Bull Dog and a Chow/Labrador mix) escaped through an open gate and attacked the smaller dog.

Elderly Nashville Woman Injured when she and her dog were attacked by a dog

This was the third Chihuahua that was attacked by an offleash dog this week.  The dog in this attack was a Rottweiler.

Papillons attacked and killed by neighbor's dogs

The offenders this time were a Siberian Husky and a Bulldog.  These severl stories here show the reason why people should be pushing for BREED NEUTRAL laws instead of breed specific ones, so that people can get adequate and reasonable protection from dogs of all breeds, not just some of them.

Boy injured in "dog" attack at family home

The boy was hospitalized with facial injuries when bitten by his family's pet Corgi.

Howard County, IN passes law against dangerous dogs

I confess that I'm a little confused by this one.  The article says it's not breed specific, but also says that dogs with a history of biting or those 'bred for fighting" are considered dangerous.  That sounds ominous.    I do like assistant county attorney Brian Oaks' comments "If your dog's loose, chasing people, biting people, causing problems in the neighborhood, it's a potentially dangerous dog."  That's a good start.

Behavior test to determine the future of fighting dogs

Six 'pit bulls' were rescued from a dog-fighting ring in Richland County, SC.  With scars on their faces, a broken leg, and really skinny, malnourished bodies, they are awaiting a potential second chance.  Temperament tests that will be given by a behavioral expert (hopefully once the dogs are healthy) to determine if these dogs are stable enough to get a second chance at life with a family.  One of the very best things to come out of the Michael Vick case, and the folks at BAD RAP and Best Friends taking in some of the dogs and rehabilitating them is that now most places are treating dogs as individual dogs and givng them a chance to determine whether or not they can be rehabilitated vs the way it used to be where any dog "rescued" from a fighting ring was almost guaranteed to be killed by the "shelter".

Social Mange asks, 'what if this dog looked different?"

The story centers around a dog in the Denver area that has bitten someone that is working his way through rehab to overcome some aggression issues...noting that the city of Denver has put down thousands of dogs that have never been aggressive just because of the shape of their bodies.

Portland Woman Accused of Animal Abuse

She pleaded guilty to animal abuse for repeatedly kciking and beating her 'pit bull'.  In spite of the abuse, the dog is described as docile and submissive with no signs of aggression.

Encino Man Arrested for Abuse of Puppy

Apparently the man's girlfriend broke up with him, so the man took it out on his 'pit bull' puppy....breaking the legs and jaw of the puppy.  I think I understand why the girl broke up with the guy...

"Pit bull" owner arrested in attack on Ranger

Let's note here that in spite of what the headline looks like, the dog was just hanging out during the incident.  The  man who owned the 'pit bull' was the one that attacked the park ranger in what sounds like a really ugly incident...

Another town talks about banning pit bulls

The community fo Whitehall, OH is looking at a potential ban on 'pit bulls.  One of the supposed reasons for the ban is that more and more 'pit bull' owners are failing to meet the confinement and liability insurance requirements that are required by the statewide breed restrictions.   The inability of cities to enforce one bad law is not reason to enact more legislation...

High Point, NC Man Caught on tape abusing his dogs

There is a ton of video footage of this man just going out and beating his two 'pit bull type" dogs.  It's amazing how submissive the dogs are in their continual beatings.  The man was arrested but animal welfare groups have been after him for months, with the video footage, and authorities haven't done anything to the man.  You can actually watch the video here if you want to get your blood to a boil.

Meanwhile, the Forsyth County Commissioners are Considering BSL

Note, that High Point, NC, where the above video was filmed, is partially located in this county.  If they can't do something to that man, after months of people showing video of him beating the heck out of his dogs, what good is BSL going to do them? 

Dog fight may change park rules

Two dogs got involved in a dog fight at a Ft. Worth Dog park which may lead officials to make some new rules for the dog park so that officials can pick up aggressive dogs at the dog park.  The fight was between two fairly large dogs, a Great Dane puppy and a Cane Corso.  Most dog park opperate just fine as self-policing parks, but I do see that being able to call authorities if one jerk of an owner doesn't want to abide by the same rules.

Shelter leader seeks 'pit bull' sterilization

Leland Gordon, the executive director of Animal Friends Humane Society in Hamilton OH is tired of watching dogs die and wants to pass an ordinance requiring that all 'pit bulls' are sterilized.   It sounds like his heart is in the right place, but we need to buy the man a copy of the book Redemption by Nathan Winograd so he can see programs that work to solve this problem instead of implementing laws that don't work.  More on the story here.

Breed Specifc Legislation Killed our Dog

Here's a great article by K9 magazine in the UK, where officials still struggle mightily with enforcement of their 17 year old breed ban.  Here's a case where a dog was confiscated for 3 months while owners were forced to 'prove' the dog was not a pit bull, and while it was separated, developed a lot of different kennel and separation anxieties that ended up causing the dog to get put down.   It's not uncommon for dogs in city shelters to develop these types of symptoms when they are under exercised and under-socialized for long periods of time.

Bite out of bites

Raleigh, NC may be looking at some new language for their dog bite laws. Last year, the city registerd 367 dog bites, a 56% increase over the number that occured in 2000.  Dog bite victims that required medical attention went up from 99 in 2005 to 136 in 2007.  The results aren't that surprising, as Raleigh is a quickly growing city and many fast-growing cities have not kept up with the animal control staff to deal with the growing human and canine populations. The bigger problem, according to the newspaper, is that too few dog owners are being held accountable.

BAD RAP asks "Have we Learned anything yet?"

This is great post by the BAD RAP folks about what determines what is a fighting dog?  They question the saying that the 150 dogs that were taken from one place last week in Arizona were fighting dogs, when there is no evidence that any of the dogs had actually been faught.  It's a good read...and a good note to leave the week of 2-24. I have one other story to cover, but it gets its own post, coming later.

Makes you wonder what the true motive is...

Yesterday, by unanimous decision, Little Rock, AR passed restrictions on 'pit bull' ownership in the city.

But a quick read through the rules (based on the news article)makes me question their motives.

Based on the rules, 'pit bull' owners will now be required to take the following steps in order to keep their 'pit bull'.  I've put some estimated costs for these items following the requirement:

Register the 'pit bull' -- $150 (renewed annually).

Required sterilization -- $100

Required microchipping -- $35

Take photos of the owners and their pets every year.

So for a 1x cost of $285, plus $150 a year (per dog), someone can own up to two 'pit bull' type dogs. 

So what's the message?  It appears as if the message is that if you have enough money to afford to comply with the costly ordinance, then you are a responsible owner and your dog is not dangerous.  If you are too poor to afford to comply, you are irresponsible, and thus cannot have this type of dog. 

Keep in mind that this is a city with a long history of discrimination....this time it appears to be discriminating against poor people.  Seems like a lawyer could have a hayday with this one...

It's cold in Kansas City

And the Lawrence Journal World has a great photo today capturing some good fun in our misery. 

SB 866 Update

I don't have anything new to report about the hearing today.  Here's a story from Kansas City's prime buzz about the hearing.

Representativesfrom KC Dog Advocates and the ASPCA were on hand to testify in favor of the bill.   As expected, a representative of the Missouri Municiple League spoke out against the bill as did someone from the city of Independence who said the citizens wanted the bill in spite of around 75% of the city council chambers during the Independence (no longer worthy of that city name) city council hearings actually being against the ordinance.

More to come I'm sure.