Tag Archives: court

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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Midwest City, OK: Breed ban struck down

Posted on March 9, 2011 by | 1 Comment

Oklahoma state law prohibits municipalities from passing breed bans. However, Midwest City had a long-standing breed ban that included pit bulls, bull terriers, American Staffordshire Terriers, and Staffordshire Bull Terriers.

A resident dog owner sued the city, and after several years of ongoing court battles (during which several lower courts ruled against the city), the state Supreme Court declined to hear the city’s appeal. Thus, the ruling against the city stands; Midwest City cannot legally ban breeds.

All alerts for Midwest City: http://stopbsl.com/?s=midwest+city

Supreme Court overturns pit bull ban

Jesse Wells, KFOR
6:29 p.m. CST, March 9, 2011

MIDWEST CITY, Okla. — A Midwest City family wins a long overdue court battle against the city. The family had been fighting for years to save their bull terrier pets. This week a state supreme court ruling ends the long legal battle.

Lower courts had previously ruled the dog ban violated state law.

This week the state supreme court refused to take up the issue, which means the Midwest City ban is now officially dead.[...]

After filing suit in 2007, Scott Adams always argued and lower court judges agreed, Oklahoma state law prohibits dog bans from being breed specific.

“It was a waste of money and time. I tried to tell everyone that from day one but the city wanted to pursue it. We defended it and won,” said the Stuckey’s attorney Scott Adams.[...]

With no more legal options, Midwest City could still lobby state lawmakers to overturn state law.

They could also draft a new, much less restrictive ordinance.

Full article retrieved 3/9/11 from http://www.kfor.com/news/local/kfor-news-pit-bull-outlaw-overturned-mwc-story,0,214449.story

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Posted in BSL Defeated, Court Cases, Oklahoma

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Gold Coast, NSW, Australia: BSL sparks lawsuit

Posted on November 10, 2010 by | 1 Comment

In April 2010, the owners of an American Staffordshire Terrier named Tango were told that their dog was a banned “pit bull.” Tango had not behaved badly–he was just guilty of looking like a “bad dog.”

Tango’s owners spent $500,000 in their effort to prove that their dog was an American Staffordshire Terrier, not an American Pit Bull Terrier. The court ultimately accepted that their dog was an American Staffordshire Terrier, then ruled that AmStaffs were “pit bulls,” and therefore the dog was banned. Tango was at risk for being killed by the city, so he was relocated.

In September 2010, the local goverment issued a clarification that AmStaffs were not banned “pit bulls.” This meant that Tango and other AmStaffs were allowed to be registered in Gold Coast again. Tango’s owners intend to sue Gold Coast in order to recoup their expenses.

All alerts for Gold Coast: http://stopbsl.com/?s=gold+coast

Dogfight continues despite freedom

Jessica Johnston | November 10th, 2010

[...]Tango’s owners John Mokomoko and Kylie Chivers plan to sue the Gold Coast City Council to recover the $500,000 they have spent proving their dog’s breed.[...]

”We’ve spent over $40,000 in kennel fees alone and we didn’t break the law.”[...]

She said they would be attempting to recover costs from Council for the botched banishment.

”They owe us… for six years AmStaffs were allowed to live here, he was registered, desexed, microchipped.

”They really singled us out.”[...]

Full article retrieved 11/10/10 from http://www.goldcoast.com.au/article/2010/11/10/269731_gold-coast-news.html

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Posted in Breed Identification, Outside of U.S., Results of BSL

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Sioux City, IA: Council to discuss removing pit bull ban, making them “high risk,” June 28

Posted on June 24, 2010 by | Comments Off

The city council will discuss this issue on Monday, June 28, 2010, 4:00 p.m., local time, in the City Council Chambers, 5th Floor, City Hall, 405 6th Street, Sioux City, Iowa. The agenda may be viewed here: http://www.sioux-city.org/custom/agendasminutes/view.asp?ID=553&type=2

Previous alerts for Sioux City: http://stopbsl.com/?s=%22sioux+city%2C+ia%22

Read the staff report and the language of the proposed ordinances here: http://stopbsl.files.wordpress.com/2010/06/siouxcityproposedbsl6-28-10.pdf

You may send letters by e-mail to the full Council-ccouncil@sioux-city.org or mail to City Hall, P.O. Box 447, Sioux City, IA 51102, or call 712-279-6102.

Sioux City May Lift Pit Bull Ban & Designate Them “High Risk”

Posted: Jun 24, 2010 4:50 PM CDT
Updated: Jun 24, 2010 4:52 PM CDT

After review, city staff member are advising the city leaders to make place pit bulls in a high risk category and remove the pit bull ban. Their suggestions also would increase the regulations related to keeping high risk animals.

Read the rest of the story here:

http://www.kcautv.com/Global/story.asp?S=12705700

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Posted in BSL Proposed, Iowa

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Colorado: Lawsuit says Denver’s, Aurora’s bans violate civil rights under ADA

Posted on May 7, 2010 by | 1 Comment

Pit bulls as service dogs?

Lawsuit says Denver’s, Aurora’s bans violate civil rights under ADA

Jared Jacang Maher, Face the State
Friday, May 7, 2010

Both Denver and Aurora have laws banning pit bulls. [...] But what about a pit bull acting as a service animal for a disabled person? Should officials accept dogs that their own laws deem inherently unacceptable?

Good question and one that happens to be at the core of a new federal class-action lawsuit filed against Denver and Aurora by three disabled people who say the laws banning pit bulls violate their civil rights under the Americans with Disabilities Act. Allen Grider of Aurora and Glenn Belcher of Denver are U.S. veterans who suffer from psychological disabilities they say resulted from wartime service. Valarie Piltz is a Washington-based dog trainer with physical mobility problems and a condition that causes her to experience debilitating panic attacks. All three say the breed bans fail to make proper exemptions for their service animals of choice: pit bulls.

Story retrieved May 7, 2010 from http://www.thedenverdailynews.com/article.php?aID=8357

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Posted in Breed Identification, Colorado, Court Cases, Results of BSL

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Brampton, Ontario, Canada: Vet to decide Brampton dogs’ fate

Posted on April 15, 2010 by | Comments Off

“Pooches or pit bulls?” Since when were “pit bulls” not pooches?

Previous alerts for Brampton: http://stopbsl.com/?s=brampton

Pooches or pit bulls? Vet to decide Brampton dogs’ fate

Owners want ordeal to be over, lawyer says

Published On Wed Apr 14 2010
Madeleine White Staff Reporter

The owners of two dogs being held by the city of Brampton have agreed to bring in an independent veterinarian to determine whether or not their pooches are pit bulls.[...]

Article retrieved 4/15/10 from http://www.thestar.com/news/gta/article/795478–pooches-or-pit-bulls-vet-to-decide-brampton-dogs-fate

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Posted in Canada, Court Cases, Results of BSL

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Gold Coast, NSW, Australia: Owners spend $500k in bid to save dog

Posted on April 5, 2010 by | 2 Comments

Updated article 4/6:

Couple’s $500k dog fight down the drain

By Thomas Chamberlin
From: Gold Coast Bulletin
April 06, 2010 8:27AM

A GOLD Coast couple’s six-year $500,000 fight to have their dog Tango classified as an American staffordshire terrier, rather than an American pit bull, has failed.

Kylie Chivers and John Mokomoko took on the Gold Coast City Council in the Supreme Court over the identification of Tango in a bid to keep him due to American pit bulls being a banned breed in the region, The Gold Coast Bulletin reports.

[...]

The court ruling could have wider ramifications for thousands of dog owners, who believed their American staffordshire terriers were a different breed and not subject to the same dangerous breed by-laws.

Article retrieved 4/6/10 from http://www.heraldsun.com.au/news/national/court-battle-to-keep-dog-alive/story-e6frf7l6-1225850203997

Owners spend $500k in bid to save dog

By Thomas Chamberlin
From: Gold Coast Bulletin
April 06, 2010 8:27AM

•Couple buy dog for $300
•’$500,000 spent’ to keep him alive
•Ruling to determine his fate

[...] Today, hundreds of thousands of dollars later, a judge is to decide Tango’s fate in a decision which could have wider ramifications for thousands of dog owners, after council lawyers argued the American pit bull and American staffordshire terrier were the same breed, meaning both were dangerous.

[...]  Along with thousands of pages of documents, the couple also obtained DNA samples from Tango’s parents and submitted a breed identification test to the court, arguing the 22-point identification checklist from southeast councils was flawed.

Article retrieved 4/5/10 from http://www.heraldsun.com.au/news/national/court-battle-to-keep-dog-alive/story-e6frf7l6-1225850203997

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Posted in Court Cases, Outside of U.S., Results of BSL

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Denver and Aurora, CO: Disabled vets file discrimination suit due to “pit bull” bans

Posted on April 1, 2010 by | 3 Comments

Update 4/4: Great article on the importance of service dogs to veterans: http://www.nytimes.com/2010/04/04/us/04dogs.html

Note that one veteran’s dog was seized after being misidentified as a “pit bull.”

Pit bull ban: Disabled Vietnam, Gulf War vets sue Denver and Aurora for discriminating against their service dogs

By J. David McSwane, Wednesday, Mar. 31 2010 @ 3:46PM

A federal class-action suit involving disabled Coloradans — two war veterans with psychological disorders — and their service animals was filed Tuesday against Aurora, the City and County of Denver and its head of Animal Control.

The two veterans, and another disabled woman from out of state, say Denver’s controversial pit-bull ban doesn’t make exceptions for service dogs and their owners and is therefore a violation of the Americans with Disabilities Act.[...]

Read the lawsuit here.

Article retrieved 4/1/10 from http://blogs.westword.com/latestword/2010/03/pit_bull_ban_disabled_vietnam.php

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Posted in Breed Identification, Colorado, Court Cases, Results of BSL

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Lakewood, OH: Lawsuit filed against city due to “pit bull” ban

Posted on March 30, 2010 by | 1 Comment

Read a copy of the suit filed in Cuyahoga County, Ohio Common Pleas Court: http://www.lovelakewood.com/pdf/dog/100319_pitbull_court.pdf

An excerpt of the case (visit the link for the full post):

http://www.lovelakewood.com/blog/2010/03/30/citys-enforcement-of-pit-bull-ban-draws-lawsuit/

Former Lakewood resident Leonard Shelton alleges that he suffered “economic damages, psychological damages, and other compensatory damages” when the city harassed him about Rosco, his Boston Terrier mix, and forced them both to move out of the city. Shelton is seeking a minimum of $475,000 in damages.

According to Shelton’s complaint, Stewart and Lakewood police officer Kenneth Kulczycki stopped him on the street in April, 2009, and told him his pet was a pit bull and needed to be removed from the city, or else he would face criminal charges.

[...] Shelton’s complaint against the city says its inability to correctly identify the breed of his dog, the harassment, and refusal to accept DNA proof was motivated by “among other things, malice, ill will, discrimination, and bad faith and constitutes violations of [his] constitutional rights.”

Additional posts and info about Leonard Shelton:

http://btoellner.typepad.com/kcdogblog/2009/05/bsl-again-affecting-good-owners.html

http://www.clevescene.com/cleveland/leonard-shelton-fought-in-the-marines-for-20-years-now-he-fights-for-sleep/Content?oid=1505838

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Posted in Breed Identification, Court Cases, Ohio, Results of BSL

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Salina, KS: Dog owner back in court as Salina disputes DNA test

Posted on February 19, 2010 by | 1 Comment

Summary: Lucey, the Cartwrights’ dog, “looks like” a “pit bull.”  Salina, KS has had a ban on “pit bulls” since 2005.  Lucey was seized, but the Cartwrights fought back, and had the Mars Wisdom Panel genetic test performed.  The test results were that Lucey was not a Pit Bull, and had only about 1/8 Staffordshire Bull Terrier in her ancestry.  So, a judge said she was not banned under Salina’s law, and refunded the money the Cartwrights had spent defending her.  But then, veterinarian David Atherton (a consultant to the Salina Animal Shelter, and the one who initially deemed Lucey to be a “pit bull”) decided that the genetic test results were incorrect. (Because the test uses autosomal chromosomes rather than sex chromosomes; and because “pit bulls aren’t pure-bred”.  Besides, he ran the test on his own dog, and got back results that seemed highly questionable; and anyhow, the Mars company itself says the test is not authorized for use in breed ban cases.)  So, the Cartwrights are going back to court in March 2010; and the judge will require any scientific evidence to be backed up by expert testimony. Meanwhile, the Cartwrights may be moving away, for employment reasons.  It’s not clear from the article exactly where Lucey is being kept while waiting for the new trial — hopefully with her family, and not impounded at the shelter.

Previous alert for Salina: http://stopbsl.com/2009/09/02/salina-ks-dogs-dna-saves-its-life/

Salina disputes DNA test

2/19/2010
By DAVID CLOUSTON
Salina Journal

Five months ago, Cartwright thought a DNA test had saved Lucey, who looks like a pit bull, after she ran afoul of the city’s breed ban….

Cartwright won her case, based on the results of the genetic test….

Then in November she got a notice … [Salina] was refiling the charge against her of owning a prohibited pit bull… [because] the city prosecutor [thinks] the DNA test is unreliable….

Cartwright has hired an attorney…. Her trial is scheduled to begin in March.

Reporter David Clouston can be reached at 822-1403 or by e-mail at dclouston@salina.com.

Full article retrieved Feb. 19, 2010 from http://www.salina.com/news/story/Dog-DNA-2-18-10

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Posted in Breed Identification, Court Cases, Kansas

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