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.

[d.wood]

If anyone here understood how we humans have, literally played god with the dog. We are the reason the domestic dog is here - from wolves. The Pitt has been bred to kill. To have a Pitt is like having a wolf - [sort of]. You cant simply change his nature. What seems a friendly-Pitt may suddenly turn, either to 'kill' another dog or cat, a child that bothers it, a postal worker doing nothing but delivering the mail. The dog will go back to its in-bread roots, and everyone is surprised when it happens. A bad dog-owner makes this problem worse. These are the reasons this breed is banned - and they are sound reasons, NOT because someone hates dogs. Shame on anyone for thinking that!

[Brent]

Duh Wood,

By most estimates, there are between 5 and 8 million 'pit bull' type dogs in the U.S. (mostly depending on how broadly you define the term 'pit bull'), and yet very few of them are actually involved in any type of incident involving a dog, cat, postal worker, child or other. If it was part of its "in-bred roots" it would no doubt be MUCH more common than it is. The reality is that science, and every organization of experts in this country on canine behavior disagree with your statement. Shame on YOU for ignoring facts and science and forming your opinion on something other than that.

[Eric randall]

I recently had to give my pitbull away to a stranger and all i can do is hope she is taken care of.i heard that you may keep a pit n this stupid st&te if you have a million dollar insurance policy on them.so its not public safety,its money,i guess.i hid my puppy for three years n denver,played with her after work at night,and have met people n the park doing the same.our dogs would run play,eat n peace.im feom detroitborn n dallas,where the pitbull is everywhere.ive never been attacked or even chased by a pit.ive been bitten by chihuhas,shepards.these reports rarely get as much attention.my point is how can a dog friendly state prejudge one breed,but make it ok if you have money.

[Pitt Bull owner and Father]

I have 4 Pitt Bulls and they are the sweatest dogs I've ever owned! I have 2 blue and white and 2 brindle and white Pitts! They are all show dogs that are not agressive to other animals or people! My Pitts will fall over at a strangers feet wanting a belly rub! I also have a son who just turned 7 who as grew up with the Pitts I've had his whole life! I love nothing more than my son, but the truth is that he is more likely to hurt one of them than them ever hurting him! He has done thing growing up and learning to walk like pulling their jaws, ears, and tails! None of my Pitts have ever even growled at him! He call them his brothers and sisters, as we have 2 males and 2 females! I've had many differnt breeds of dog in my life and the Pitts have been the smartest and sweatest of them all! They are hated on by people who are to stupid to even try and see for themselves! Hating on a Pitt Bull is the same thing as being racist! I live in North Carolina and if they ever came to take one of my Pitts away I would go down in a blaze of gun fire! I wouldn't give my son away, so I'm not going to give away one of my dogs that are part of my family either! I would never go to Denver and I hope the people who killed all those dogs get what's coming to them! Only GOD gets to judge! I send my sorrow to all those who have lost their Pitts over this! Its not easy to loose a loved one!

[Pitt Bull owner and Father]

Oh, as far as that BS about wolves, should we kill a man who murders sombodys son? Just because the man was a killer don't make his son one! If the kid is raised right, he should be a fine human when grown! Pitts were made to hunt wild hogs! Their are many different dog breeds that were created to hunt! In fact most dogs were created to hunt something! I don't see anybody tring to have them destroyed! Dogs have abilitys they are born with but they will only behave in reflection to how they were raised! This country is made of people from all decents! Some people here are from German decent, so are they born nowing to hate Jews? The answer is NO! Before you make stupid coments about something you should know more about what your saying first! Humans are born sinners but if raised right a "trained about God" they don't have to live as a sinner! Let God be the judge, its not up to anyone else!

[shelbel]

pit defenders...it's always the same thing. 'my pit babysits my newborn' or some such tripe. statistically speaking, pit owners are trailer trash, out to prove a point with their 'tough' dogs. they are capable of such horrific death & destruction. why would anyone ever chose a pit over any of the other 400 equally lovable breeds? because they have a chip on their shoulders & are out to prove a point. i can't count the number of times my dog & i have been chased on our bike rides by pits. 'don't blame the breed' lol! pull your heads out of your asses. I FOR ONE AM THRILLED THEY ARE BANNED HERE and i hope that ban is never lifted.

[Jenn]

First, I'll put my USC Masters and my husband's Harvard PhD up against your education, shelbel, and let's see who comes out on top. Median home price in the area we currently reside is $1,323,721. No trash or thugs here. But we have plenty of family pits who live inside the house with the family as loving family members. No bans or attacks in this area. We've been here for twenty years.

Second, if you're living in area where the breed is banned and you've been chased too many times to count, common sense says the ban isn't working too well. It doesn't make any sense to say "I hope the ban is never lifted" after stating "I can't count the number of times my dog & I have been chased on our bike rides by pits." You've contradicted yourself. But I'm sure you didn't realize that until now.

Lastly, the use of 'lol'? My nieces and nephews use it when texting or tweeting, but would never use it while trying to make a coherent argument. They're in middle and high schools. Are you that young? Or is this a case of pot calling the kettle black when you reference white trash - are you actually a middle-aged white woman? I sincerely hope not since you're telling people to pull their heads out after stating you support a ban when you're still being chased by this breed. I don't think it's we who need to do the pulling, dear.

[Brent]

Shelbel,

I won't rough you up too much since Jenn did such a nice job, but I do have a couple of suggestions for you.

1) If you are going to make the statement that "statistically speaking" pit bull owners are trailer trash, you might try to increase your credibility by showing statistics. I'm a pretty avid follower of statistics, and am not aware of any such study that exists (and am nearly certain based on my experience that your "statistic" wouldn't be true.

2) Obviously if pit bulls are banned in your city, and you're being constantly chased by them, the ban isn't working. And why are you riding your bike through "trailer trash neighborhoods? Maybe you should change your route.

3) As for why pit bull owners might choose a particular breed when there are 400 others available, I might recommend you take the time to actually meet a few of the dogs. They're not at all like what you seem to think they're like and taking the time/opportunity to meet a few would go a long way.

[Eesha]

Brent I couldn't agree more with you. Shelbel your cold and heartless. The reason for them chasing you and your dog is cause they want to play and have fun to. Duh, any person with a brain would know that. Pitbulls are animals just like your dog. The only time a Pit is aggressive is when they or taught to be that way. And 95% of the time the owner's are feeding them gun powder. That is what makes them aggressive, NOT THE BREED. If the world would just open up their eyes and quit being pusses then there wouldn't be this ban on such a harmless animal. AND YES I SAID HARMLESS! Why do you think we have them for pets, & look, not a dang thing has happened to us! So bam, put that in your pipe and smoke it! XD

[rick]

The people need to pass the same law on the legislators and the govermerment is getti g to be a problem just like the dog they are targeting. We the people are supose to be the law not those 12 people who push the paper around and have ALL our tax dollars to pay for it by getting the best lawyers and take those long lunches to buy the votes.and use the cops to bombard this on the public . Again with your tax dollars. So you are just really paying these public servents to serve these policies on you while you are paying them over and over .let's just say No more.

[rick]

I'm truely a dog lover all dogs of every breed.ITEM have been raseing dogs all my life.,and to be honest I have been bitten by the mexican chiahaia more times than any other breed.I know they can't really kill a human,but I have seen them do more damage to babys and little kids..
This is the fault of the owner.and this goes hand in hand with any dog..the owner is the problem and the city councel sees this but can't legaly atack the owner so they go after the dogs all the pits good or bad.so the people need to attache this stigma to the lawmaker and put a bad name on them.or get that person out of office ,I know its easier said than done but what are you going to do in this country get with it r get em out ?........

[paddle faster]

I am forming a civilian army that will travel the country and locate council members that we feel are a threat to our rights and eradicate them much like the family members they snatched away from homes and hauled to their death. Piece of s%$#! I am so angry that these a-holes were able to actually pull this off. I am shocked and appalled that only the dog owners were outraged. The US Supreme court condoned this BS. The news of Denver and the execution of more than 4000 dogs that were at homes with people that loved them. The police came with orders from some d-bag or bags to remove any and all dogs that fit a profile. They were to be brought back to the Animal Shelter (were both of my dogs are from. What use to be such a emotional place that sees lots of animals in need of a pack find just that.Now its compared to a prison camp) The police in Denver were given flyers and "special training" to decide if a dog was a pit-bull. Even though "pit-bull" doesn't represent most of the animals picked up. I can honestly say "over my dead body or yours" The Nazis were also given posters and flyers to locate Jews. They too were also murdered. "Oh hell no. We are america and we will not allow you to arrest people for their skin color, or where they live. We are America and we will spend billions of tax payers money to fly a bunch of military weapons to hunt and kill people that also went around town jerking family members apart and murdering them. Why don't we start rounding up guns and murdering them. While we out arresting guns that haven't killed anyone yet but they just look like they could we will pick up the homeless population and murder them in case they try to become violent from all the anger they feel. I have been reading numerous cases of alleged dog attacks and most start with a person usually a child entering what the dog knows to be his or her home. Several involved mother dogs defending there pups from this strange person approaching. Dogs don't get the education of people size or what language the strange person speaks. Man! Does anyone have any updates on Denver's Nazi Days Festival? I would like to start a list of all F-heads evolved and anyone who had authority to stall or prevent and didn't. All the Black Officers that didn't see the similarities in profiling dogs to profiling people which also is ridiculous. One of my pack members is a Lab/Pit Mix, that has the heart of a giant and the gentleness of a child. I promise I will defend my pack at all cost. I know they will do the same.
We lost a member of our pack about a year ago and watching the other 2 dogs afterwards was such a sad time. They have no concept of life and death only now. There was true pain in their eyes. Dogs rule and politicians that wage war on any of gods creatures will answer too sooner or later. I still would love to help the sooner happen...sooner. I hope that all the Nazi wannabes that organized crap like this while being paid by the very same people that they are targeting are no longer in office. I know deep down in my heart that these a-holes will pay, i just hope its with just as much pain and sorrow they have inflicted non good people that loved dogs and their country.

[paddle faster]

Well Shebel, is that Fraggle Rock for DumbAss? May i suggest before you hit the "post" button read over your comments to ensure they can be supported. That they are intelligent, and most importantly before you judge others look at yourself or at-least put yourself in the other shoes. I think anyone with a name like Shelbel is trash. I don't care what part of fraggle rock the shelbels are from, they will always be trash to me. Thats why if Im elected i will eradicate all shelbels. When an animal such as a dog are involved with fatally injuring a person it is a tragic unfortunate situation that has no easy answers. Like children we do our best to raise them with good values and beliefs. Sometime we bond them out, or rush them to the ER for jumping off the roof into the pool. Unlike humans dogs are pre-wired to be great companions and have proven this time and time again. When a person that lacks the moral and humane parts like Heart, brain and take an animal and cage it in the backyard and neglect it or worse train it to aggressive are in my opinion the problem. So when you hear someone say 'my pit babysits my newborn' instead of assuming your normal mode of empty statistics and fu^$ed up beliefs try to look at like this. Should a mad councilman or politician be allowed to decide that all dogs in a breed or cats or guns or cars or airplanes, or unhappy and hungry homeless people or anything that hasn't actually done anything wrong but just look like they may. Its pathetic that you Shelbel are still taking breaths and thousands of dogs that Im willing tom bet have brought more value and joy than you have in just one little website. You sound like you maybe alone. Did your husband take the dog and leave? No animal or man should be labeled as a killer or a threat without evidence. Black - White, Buddhist - Communist, long hair - short hair,. You should be more thankful that we dont label you a uneducated hick from whereverville. Ah shit, too late.

People dont pick dogs based of Shelbels law. most people pick animals subconsciously. I have 2 rescued dogs and both are awesome. They love no matter what, lost your job? no worries they still you. Were they abused as puppies, I fear so. They have forgave the humans that created the stigma people like Shelbel spew. Shelbel its a wonder you were even able to turn the computer on. I guess when you use the library because your RV doesn't have LAN they are already on.. DBAG!