Category Archives: Results of BSL

Lima, OH: Council resolution opposes state-level repeal of BSL

Posted on January 24, 2012 by | 2 Comments

The Lima, OH, city dog ordinance defines “pit bulls” as vicious dogs, using the same language that Ohio state law currently uses. Ohio HB 14, which has a good chance of passing, would repeal this breed-specific language in the state law.

However, even if HB 14 were to pass, Lima is under no obligation to repeal their own BSL in their local ordinances. Therefore, Lima council’s newly-passed resolution to oppose HB 14 is entirely unnecessary. They can continue to discriminate against “pit bull” owners within their own city limits, as long as their ordinance remains in place.

One of the councilmembers, Kurt Neeper, sees HB 14 as support for repeal of Lima’s BSL. After all, if the state feels that its breed-specific “vicious dog” definition is not working, Lima’s BSL is probably not working either. Neeper suggests that if HB 14 passes and the state-level BSL is repealed, he will push for Lima to repeal its own BSL. We suspect the rest of the council felt the need to pass a resolution against HB 14 because HB 14′s passage would force Lima council to reconsider the validity of their own discriminatory law.

Lima City Council dogged by pit bull issue

January 23, 2012 9:12 PM
Bart Mills

LIMA — [...] Council voted 6-1 to pass a resolution opposing an effort in the state Senate to eliminate dogs belonging “to a breed commonly known as a pit bull dog” from the definition of vicious dog contained in the Ohio Revised Code.

[...] Councilman Kurt Neeper was the sole vote opposing the [resolution]. He said he voted in favor of the city’s current law, but has since studied the issue and changed his mind.[...]

Full article retrieved 1/24/12 from http://www.limaohio.com/articles/dog-78221-pit-bull.html

Please be respectful and informative when writing city officials. Tell them why you support Ohio HB 14 and demonstrate how Lima can become safer and more humane by removing the breed-specific language in the local ordinance.
Contact info for city officials:
Sally Clemans, Council Clerk, sally.clemans@cityhall.lima.oh.us
John Nixon, Council President, jmnixon@wcoil.com
Kurt Neeper, kurt.neeper@gmail.com (supports repeal of BSL)
Sam McLean, smclean@allstate.com
Jesse Lowe, jjlowe@drugsbringdeath.us
Tom Tebben, ttebben@woh.rr.com
Teresa Adams, 518adams@bright.net
Derry Glenn, (419) 221-5107 Option 6
Paige Townsend, ptownsend62@hotmail.com
David Adams, dsadams@wcoil.com

Email block for cut-and-paste
sally.clemans@cityhall.lima.oh.us; jmnixon@wcoil.com; kurt.neeper@gmail.com; smclean@allstate.com; jjlowe@drugsbringdeath.us; ttebben@woh.rr.com; 518adams@bright.net; ptownsend62@hotmail.com; dsadams@wcoil.com

Lima’s vicious dog ordinance: http://www.limapolice.com/City%20of%20Lima%20Ordinance%20-%20Vicious%20Dogs.pdf

Lima was in the news last year because their vicious dog ordinance was causing too much of a burden on the local court system. http://stopbsl.com/2011/05/31/lima-oh-pit-bull-law-changes-coming/

Thanks to Amber for the heads up about Lima!

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Posted in Ohio, Results of BSL

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Niagara, WI: Breed ban fines increased

Posted on January 6, 2012 by | Leave a comment

Niagara Ups Dog Fines

[...] Niagara already has an ordinance prohibiting pit bulls but some residents continue to keep them at their residences. The amendment was adopted in the hope that larger fines will consider residents to reconsider keeping pit bulls or other types of dangerous dogs.

Full article retrieved 1/6/12 from http://www.peshtigotimes.net/?id=18286

Maybe city council could be respectfully encouraged to repeal their ineffective breed ban?
City of Niagara, 1029 Roosevelt Road, PO Box 24, Niagara, WI 54151
715-251-3235
FAX 715-251-3122
info@cityofniagara.com

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Posted in Results of BSL, Wisconsin

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UK: 1991 Dangerous Dogs Act an obvious fail

Posted on January 4, 2012 by | 1 Comment

UK statistics show that emergency room dog bite treatments have increased by 94% over the last ten years, reaching 6,097 treated bites in the year ending March 2011. Prosecutions of dangerous dog owners and costs for boarding seized dogs have also risen to new highs.

The 1991 Dangerous Dogs Act is generally acknowledged by most people in the UK, from vets to politicians to the general public, as a massive failure that does not adequately address dangerous dogs and irresponsible dog owners. According to the Daily Mail, the DDA is “often cited as a classic example of over-hasty law-making by ministers, officials and MPs working too fast in the face of a temporary scare.”

A couple of news articles from the UK this week have been interesting to read for their slant. Two new crossbreeds of dogs are generating concern, at least in the press: bull lurchers (Guardian) and presweilers (Daily Record). Both of these articles are worth a read; in particular, the sensational rhetoric used by the Daily Record to describe presweilers. (What happens when you put a Presa Canario and a Rottweiler together? You get a deadly cross-bred superbeast sharkdog, and, gasp, there are no laws against it!)

These mixed-breed dogs are not covered by the breed-specific portion of the DDA. Although the press recognizes the larger problem—hoodlums who want to own big, threatening, vicious dogs—much of the news coverage continues to place the blame on dog breeds. The news media seems determined to find fault with the DDA not because it is breed-specific, but because it is not breed-specific enough to keep up with the “dangerous breed du jour.”

As the failed DDA has shown us, it is not possible for a breed-specific law to effectively eliminate dangerous dogs. The hoodlums simply turn their attention to a new type of dog. Because there is no focus on the humans in the equation, thugs are free to continue misusing and abusing dogs of unrestricted breeds.

So, what’s being done about the DDA?

Lord Redesdale’s Dog Control Bill [HL] 2010-11, which would overhaul the DDA and repeal its breed-specific portion, is moving along in the House of Commons (currently scheduled for second reading on 3/30/12).

For its part, the government has consistently rejected Lord Redesdale’s bill, indicating that it intends to introduce a different proposal. To that end, the Environment Department (DEFRA) has announced that it will introduce new dog control measures in the coming months. Unfortunately, we’re not convinced that DEFRA intends to repeal the breed-specific portion of the DDA. It remains to be seen exactly what the government will propose.

UK citizens and residents are encouraged to contact their government representatives (and DEFRA) and stress the need for effective breed-neutral dog laws.

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Posted in Media Negligence, Outside of U.S., Results of BSL

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Aurelia, IA loses court case, “pit bull” service dog returned

Posted on December 29, 2011 by | Leave a comment

Many thanks to Kim for keeping us updated on this case!

Animal Farm Foundation is pleased to announce that the Honorable Judge Mark W. Bennett (http://www.iand.uscourts.gov/e-web/home.nsf/0/17a5762715fa4c52862573c90079072c?OpenDocument ) granted the motion for preliminary injunction for Snickers, a service dog, to be returned immediately to James Sak. Snickers will be returned to Officer Sak’s home in Aurelia later this afternoon.

Judge Bennett’s ruling carves an exception to the City of Aurelia’s ordinance banning “pit bull” dogs from city limits. Sak is a disabled Vietnam Veteran and retired Chicago Police Officer who depends on Snickers for his safety, mobility, and independence.

The hearing took more than two hours. Numerous people came out to support Officer Sak and Snickers, including a number of perfect strangers who drove hours to be there.

“Animal Farm Foundation is thrilled that Officer Sak will be reunited with his service dog, Snickers, and his safety will no longer be compromised. This case is a sad example of what happens when cities discriminate against dogs based on breed or appearance. Breed discriminatory legislation does nothing to enhance public safety, but it’s extremely expensive to enforce, it tears apart families, and it divides communities. Hopefully other cities will learn from this and choose alternative approaches to building safe and compassionate communities.” – Kim Wolf, Community Engagement Specialist, Animal Farm Foundation

“Today I got my peace of mind back. I hope that nobody else has to go through what we went through.” – James Sak

Animal Farm Foundation will continue to support Officer Sak with this case if the City if Aurelia appeals the decision in the United States Court of Appeals.

For additional info/interviews, please contact Kim Wolf at (845) 418-0778 or kwolf@animalfarmfoundation.org.

Recent guidance published by the federal Department of Justice regarding the Americans with Disabilities Act states that service dogs are essentially exempt from municipal breed-specific legislation. The judge in this case upheld the DoJ guidance in favor of Sak.

Note that the ADA exemption does not apply to pet dogs, therapy dogs, or any other dogs that are not employed as service dogs as defined by the ADA. However, the DoJ’s reasoning for the exemption is significant because the same reasons (dogs should be assessed as individuals, breed stereotypes are not reality, a dog’s actual behavior is more relevant than appearance, etc.) could also apply to pet dogs. Don’t count on the DoJ or any other federal entity to jump in and help pet dog owners fight BSL, though. Federal government doesn’t have the authority to create dog control laws. For pet dogs, your state and local laws will continue to apply.

Here are a few of the news articles about the outcome:
http://www.nbcchicago.com/news/local/Judge-Allows-Pit-Bull-Disabled-Man-to-Reunite-136320353.html

http://today.msnbc.msn.com/id/45807018/ns/today-good_news/t/despite-pit-bull-ban-man-be-reunited-service-dog/#.Tvx_etT2ZPJ

http://www.siouxcityjournal.com/news/local/crime-and-courts/judge-aurelia-iowa-couple-can-keep-pit-bull/article_60a6a734-5467-5a04-be78-7c5e49993d78.html

http://wcfcourier.com/news/local/update-judge-aurelia-iowa-couple-can-keep-pit-bull/article_266b6e60-2d8f-11e1-9c2f-0019bb2963f4.html

http://www.therepublic.com/view/story/e316dc1565c14603bc6b854db11a443a/IA–Dog-Ordinance-Lawsuit/

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Posted in Court Cases, Iowa, Results of BSL

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Auburn, KY: City may lower insurance requirement (BSL)

Posted on December 29, 2011 by | Leave a comment

Auburn, KY, has BSL that includes a requirement for “pit bull” owners to have $300,000 in liability insurance. This is one of the highest liability insurance requirements in the nation and has proven impossible for people to obtain. Consequently, Auburn is considering lowering the liability insurance requirement to $100,000.

Why not encourage Auburn to repeal its breed-specific law altogether?

Contact info for Auburn, KY
103 East Main Street, P.O. Box 465, Auburn, KY 42206
PH: (270) 542-4149
FX: (270) 542-4143
E-Mail: auburnky@logantele.com
Auburn City Council meetings are held at Auburn City Hall on the 2nd Monday of every month at 6:00PM.

Auburn looks at lowering required insurance coverage for vicious dogs

by Chris Cooper Managing Editor

Owners of vicious dog breeds in the city of Auburn may have easier access to purchasing the required insurance coverage as specified in the city’s ordinance under registration of vicious dogs.

The city council entertained a request Monday, Dec. 12 by city police chief Ron Mills to amend the city’s current animal ordinance concerning vicious dogs. Mills asked to lower the requiring $300,000 worth of coverage down to $100,000 because it is impossible for dog owners to adhere to that request as there is no one who will supply that coverage. [...]

Mills will bring the amendment to the city council in January and then it will have to have two readings before passage.

Full article retrieved 12/29/11 from http://www.newsdemocratleader.com/view/full_story/16874393/article-Auburn-looks-at-lowering-required-insurance-coverage-for-vicious-dogs

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Posted in Insurance, Kentucky, Results of BSL

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Aurelia, IA: Breed ban violates ADA, takes veteran’s service dog

Posted on December 22, 2011 by | 1 Comment

In July 2010, the Department of Justice revised the Americans with Disabilities Act, issuing an opinion that service dogs should be excluded from local breed bans and breed restrictions.

However, some municipalities (notably, Denver) have refused to modify their breed ban to allow service dogs of banned breeds. A court case in Aurelia could set a significant precedent for other “holdout” cities like Denver.

Edit 12/22/11: An injunction against Aurelia has been filed by Mr. Sak, and the legal documents can be read here. Highly recommended reading: http://www.animalfarmfoundation.org/files/snickers_materials.pdf
“Animal Farm Foundation hopes that Officer Sak can be reunited with his service dog in time for Christmas,” said Kim Wolf, Community Engagement Specialist for Animal Farm Foundation. Thanks to Kim for keeping us in the loop!

Edit 12/26/11: The case will have a public hearing on December 28. Visit the Facebook event page for more details: http://www.facebook.com/events/267633296625390/

*** PRESS RELEASE ***

December 21, 2011
Contact: Kim Wolf, Animal Farm Foundation, Inc.
Tel: (845) 418-0778, Email: kwolf@animalfarmfoundation.org

Town Council in Iowa Forces Disabled Veteran & Retired Police Officer to Relinquish Service Dog

Legal action being pursued against City of Aurelia

Aurelia, Iowa – James Sak, 65, a disabled Vietnam Veteran and retired Chicago police officer, was forced to relinquish his service dog after the Aurelia Town Council voted December 14 to prohibit the dog, identified as a “pit bull,” from residing within Aurelia city limits. Although the City of Aurelia has breed-discriminatory laws prohibiting residents from owning “pit bulls,” the Council’s decision appears to violate 2010 guidance from the United States Department of Justice (DOJ) on breed limitations for service dogs (“Nondiscrimination on the Basis of Disability in State and Local Government Services”).

Sak and his wife, Peggy Leifer, moved to Aurelia in November to live near Leifer’s ailing mother, an 87-year-old longtime resident of Aurelia. Sak was accompanied by his service dog, Snickers, who is certified with the National Service Animal Registry. In 2008 Sak suffered a debilitating stroke that left him permanently disabled, unable to use the right side of his body, and confined to a wheelchair. For two years Sak worked with Aileen Eviota, a physical therapist with the University of Illinois Medical Center in Chicago, to improve his functional capabilities and live more independently through the use of a service dog. “Snickers has been individually trained to assist James with tasks which mitigate his disability, including walking, balance, and retrieving items around the house,” said Eviota in a letter to the Aurelia Town Council dated December 2, 2011.

Days after moving into their new home, Sak and Leifer were summoned to a Town Council meeting after a small group of citizens circulated a petition calling for the dog to be removed from city limits. Although the dog has no history of aggression or nuisance complaints, the petition urged the Council to “retain as written and without exception the existing City of Aurelia Ordinance, Chapter 58,” which prohibits ownership of “pit bull” dogs.

However, because Snickers works as a service animal for a disabled person, the dog is protected by the Americans with Disabilities Act (ADA) and should not be subject to the breed ban, according to 2010 guidance issued by the DOJ.

“The Department does not believe that it is either appropriate or consistent with the ADA to defer to local laws that prohibit certain breeds of dogs based on local concerns that these breeds may have a history of unprovoked aggression or attacks,” the DOJ stated in the regulation. “Such deference would have the effect of limiting the rights of persons with disabilities under the ADA who use certain service animals based on where they live rather than on whether the use of a particular animal poses a direct threat to the health and safety of others.”

On December 14 the Aurelia Town Council told Sak that he must remove his dog from city limits by the end of the day. Snickers is currently being boarded at facility outside of Aurelia.

“I lost my helper,” said Sak, who served more than 30 years in the Chicago Police Department and enlisted in the Army during the Vietnam War. “I’m not looking for special treatment, I just want to be safe, and I need my service dog for that.”

“Without the service dog here to assist, I can’t leave Jim unattended,” said Leifer. “But the whole reason we moved to Aurelia was to care for my 87-year-old mother who is ill. I drive across town to care for her three times a day. Jim has already fallen once and we had to call 911. I live in fear that he will have another stroke, or worse. We need his service dog back.”

Sak is a member of the Fraternal Order of Police – Chicago Lodge 7 (retired from the 12th District of the Chicago Police Department) and the American Legion – Post 390 of Aurelia (Vietnam Veteran, Army Signal Corps).

Sak is pursuing legal action against the City of Aurelia so he can be reunited with his service dog.

In accordance with our mission, Animal Farm Foundation is committed to assisting Sak with securing funding for this case. For more information, please contact Kim Wolf at (845) 418-0778 or kwolf@animalfarmfoundation.org.

An excellent article in the Chicago Sun-Times can be read here: http://www.suntimes.com/news/metro/9566024-418/retired-chicago-cops-service-dog-not-welcome-in-iowa-town.html
More articles:
http://chicago.cbslocal.com/2011/12/22/iowa-town-wont-let-retired-chicago-cop-keep-service-dog/
http://www.dailykos.com/story/2011/12/22/1047879/-Denied-Access-to-Service-Dog?via=recent

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Posted in Court Cases, Iowa, Results of BSL

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Waterford Township, MI: Group working to repeal BSL

Posted on December 21, 2011 by | Leave a comment

Waterford woman working to change township pit bull ban

Published: Friday, December 16, 2011
By CAROL HOPKINS, carol.hopkins@oakpress.com

When Mary Dunham received a ticket from Waterford Township for having a pit bull in mid-October, she felt like a victim. [...]

A $170 DNA test on 6-year-old Keane that came back three weeks later showed him to be a Labrador-boxer mix.

[...] That incident has spurred her to try and change the township’s pit bull ban and create the Oakland County Dog Ownership Group and Specialists (ODOGS) support group.

Dunham, along with 10 supporters, have been meeting to discuss alternate ideas for Waterford.

“We’re pushing to get responsible pet ownership in place of the pit bull ban,” she said. [...]

FYI

People who wish to learn more can email the ODOGS group at odogs48329@yahoo.com.

The Facebook page can be found at www.facebook.com/pages/ODOGS-Oakland-Co-Dog-Ownership-Group-and-Specialist/308483512515529

Full article and video can be found here: http://www.theoaklandpress.com/articles/2011/12/16/news/local_news/doc4eea8e331c535130545284.txt?viewmode=fullstory

Contact info for city officials
Waterford Board of Trustees, 5200 Civic Center Drive, Waterford, MI  48329
Online contact form: http://twp.waterford.mi.us/Reference-Desk/Comments-Suggestions.aspx
City Clerk Kari Vlaeminck, (248) 674-6266
Fax (248) 674-5466

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Posted in Breed Identification, Michigan, Proposal to Repeal, Results of BSL

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Australia: Medical journal editorial calls for education, not breed bans

Posted on December 12, 2011 by | Leave a comment

An editorial (note it is not a study, though it does cite studies to support its argument) in the Medical Journal of Australia says that breed bans in other countries have not improved public safety. Rather, the editorial authors are of the opinion that better dog safety education for children would help reduce dog bites.

We agree that child education is one excellent component for creating a safer community. Teaching dog owners about their responsibilities is another important component.

The editorial may be read here at the original source: http://www.mja.com.au/public/issues/195_11_121211/kim11319_fm.html

Listen to an audio news report (with transcript) from the Australian Broadcasting Company here: http://www.abc.net.au/worldtoday/content/2011/s3388691.htm

The Herald Sun has a more critical article, with a rebuttal quote from State Agriculture Minister Peter Walsh, and a disappointing comment from KidSafe Victoria president Robert Caulfield that he doesn’t think educating children will work: http://www.heraldsun.com.au/ipad/dog-breed-bans-wont-stop-bites/story-fn6bfm6w-1226219374164

View all StopBSL postings on Australia: http://stopbsl.com/?s=australia

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Posted in Outside of U.S., Results of BSL, Studies

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Wentzville, MO: Is council moving the wrong direction?

Posted on December 8, 2011 by | 2 Comments

Residents and locals of Wentzville, MO, have been asking city council to repeal BSL. Although the animal ordinance revisions are not yet finalized or ready for the public, the news article below suggests that Wentzville officials may not be considering a repeal after all. Instead, they may add more breeds to the list, and increase ownership requirements.

Before you berate council, please understand that the news media has gotten things wrong before—and this news report is quite different from what we’ve been hearing from Wentzville so far. Let’s give council the benefit of the doubt and see what official revisions they bring forward.

The article also says that a new draft of the dog ordinance should be ready for public view at the December 14 council meeting. It’s possible that that date is also incorrect; we have also heard it may not be ready until January. StopBSL will do our best to keep you updated.

In the meantime, please continue to send positive, respectful, helpful correspondence to Wentzville city aldermen. Encourage them to repeal their breed-discriminatory ordinance and ask them to apply their laws to all dog owners equally, regardless of a dog’s appearance.
Wentzville City Hall, 310 West Pearce Boulevard, Wentzville, MO 63385
636-327-5101
636-639-2017 fax
Online contact forms for aldermen: http://www.wentzvillemo.org/mayor-and-alderman.aspx

Pitbull Ordinance Getting Major Overhaul In Wentzville

[video titled "Stricter Pit Bull Ordinance Headed to Wentzville"]
9:05 p.m. CST, December 7, 2011
WENTZVILLE (KTVI-FOX2now.com)—

The board of alderman in Wentzville is debating how they plan to handle the possibility of a new pit bull ordinance.[...]

Expanding the breeds, micro chipping and stronger penalties are part of the plan. [...]

A new draft of the ordinance based on Wednesday’s discussion will be brought before the board of aldermen at their next meeting set for December 14th.

Full article retrieved 12/8/11 from http://www.fox2now.com/news/ktvi-pitbull-ordinance-getting-major-overhaul-in-wentzville-20111207,0,1290944.story

All alerts for Wentzville: http://stopbsl.com/?s=wentzville

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Posted in Missouri, Proposal to Repeal, Results of BSL

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Armstrong, IA: Resident objects to breed ban

Posted on December 6, 2011 by | 1 Comment

Armstrong, IA, has a “pit bull” ban. A resident has been told to get rid of her mixed breed pet dog after city officials said it is a “pit bull.” She must pay for a DNA test if she wants to try to prove that the dog is not a “pit bull.”

Armstrong holds hearing on dog ordinance

December 6, 2011
By Michael Tidemann – Staff Writer , Estherville Daily News

ARMSTRONG – [...] Amber Baas objected to being ordered by police chief Craig Merrill to get rid of what Merrill claims is a pit bull within three days. Baas said the dog is a mixed breed and gentle.

“The rules are the rules,” said Mayor Marv Dailey. [...]

Full article retrieved 12/6/11 from http://www.esthervilledailynews.com/page/content.detail/id/514570/Armstrong–holds-hearing-on-dog-ordinance.html?nav=5003

This is the second time this year that a resident has appealed to the council after being told to get rid of their pet. Read an earlier article here: http://www.esthervilledailynews.com/page/content.detail/id/512785/Armstrong-Council-approves-cemetery-transfer.html?nav=5003

The council heard an appeal from Joseph Wegner regarding a citation for having a pit bull in the city limits.

Wegner said the dog was not a pit bull but a Staffordshire terrier.

Council member Dave Grussing read the ordinance to Wegner, noting that a Staffordshire terrier was covered under the ordinance provisions.

“He admits he has a Staffordshire terrier and it says right here you can’t have it,” said council member Don Leach.

Resident and locals who wish to politely and respectfully express their thoughts to Armstrong city officials regarding the “pit bull” ban may do so through this online form: http://www.armstrongiowa.net/fdbk.php

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Posted in Iowa, Results of BSL

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