Lakewood, OH faces Lawsuit over city Breed Restrictions

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 The city had contemplated fighting the ruling, but instead, repealed their breed-specific legislation.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.

H/T to Dangerous Dog Law -- and if you're not following Pit Bulletin Legal News on Facebook, you're missing a great resource for legal news involving our canines.

Comments

[H.Houlahan]

Lakewood has always had its head up a particularly dark and hairy orifice, as towns go. I am not surprised.

Fix your header -- you call it "Lakeland" there.

[Brent]

Sheesh. I wish I had a dollar for every time I've mistyped that. I blame a friend of mine who used to live in Lakeland, FL for that.

[Miriam]

Lakewood is such a sad excuse for a community, I used to own a business and reside there. It is filled with corrupt political figures, over zealous, under trained law enforcement, and power hungry ACO's. I am close friends with the gentleman that owns Otis, the now famous white boxer that Lakewood police used a taser on, and the legal agreement they required him to sign, so they wouldn't kill Otis is nothing but a farce. The city will eventually have to answer legally for that too.

[Kathy Riddle]

I need help fighting BSL in Tupelo Ms