Suki
09-27-2006, 08:31 PM
You can't judge a dog by its looks; Marion pit bull owner makes case in court
Local officials adjust 'vicious' animal procedures
By KURT MOORE
The Marion Star
MARION - Heidi Murphy has several ways to describe her dogs, such as loyal, non-aggressive family pets.
They are also pit bulls, falling under the state's label of "vicious dog." However, Murphy's successful challenge of the legal implications of that label has forced the Marion County Dog Pound and local law enforcement to change their view and the way they operate in regards to vicious dogs.
The Third District Court of Appeals has overturned Murphy's conviction in Marion Municipal Court of failing to confine and to obtain liability insurance for vicious dogs. The case, overturned on Sept. 5, is being sent back to Marion Municipal Court after appellate judges agreed that Murphy's dogs can't be considered vicious just because they are pit bulls.
"These dogs were family dogs," said Murphy's attorney, Jon Doyle, who said there was "no shred of evidence" that they are vicious. "Pit bull owners should be free of this stigma."
Marion County Deputy Dog Warden Jeremy Roberts had cited Murphy, a Marion resident, after he saw one of her dogs running loose and discovered that she did not have liability insurance. Roberts told her husband, Matt Murphy, that he must pick up a vicious dog notice packet or show proof of liability insurance within three days.
"I wanted them to prove my dogs are vicious," said Murphy, who failed to pick up the packet or show insurance and was charged. "I just thought it wasn't right. It's not right if my dogs had never bitten anyone."
Because of the appellate court's decision, Dog Warden Jane Watts said pit bulls will now be treated the same as other dogs. They will be picked up if seen running loose, but the fine will be about $95, not the $125 charged for vicious dogs. Pit bulls will only be considered vicious if the specific dog injured someone or killed another dog.
"Everybody is on a level playing field," said Watts, who is displeased with the decision.
"They can do a lot of damage quicker than other dogs," she said. "You just don't know the breeding. They are so quick, so fast, so hard."
Instances such as a pit bull not being muzzled or on a chain-link leash or tether in public will have to be handled on a case-by-case basis. Marion City Assistant Law Director Jason Warner said deputy dog wardens will not be able to immediately
determine whether an owner of a pit bull can present evidence against the "presumption" that the pit bull is vicious.
Because of that, unless the law changes or a higher court addresses the issue, Warner said the law director's office is suggesting that it will not be able to prosecute vicious dog cases absent some evidence that the dogs have at least demonstrated aggression.
Murphy, in both the municipal and appellate court appearances, argued that the dogs had never shown aggression and presented a video of the dogs playing with and sleeping with her children. Roberts, in cross-examination, said that the dog he saw loose never showed any aggression towards him and he never knew of either dog killing another dog or biting anyone.
Marion County Law Director Mark Russell said the case was not about the constitutionality of pit bull statutes. He stated in an e-mail that the current pit bull statute allows an owner to "rebut" the presumption that their particular dog is a vicious dog.
He said the appellate court reversed the municipal court ruling because Marion Municipal Judge Teresa Ballinger failed to afford Murphy's rebuttal testimony sufficient weight.
"Jane (Watts) has been well justified in her position," said Warner, referring to the dog warden's refusal to adopt out pit bulls and requirement that owners obtain liability insurance and muzzle the dogs. He referred to other recent Ohio cases that challenged such views of pit bulls.
"It's a real interesting area of the law right now," he said.
The pit bull has been associated with gangs and dog-fighting, gaining it an unsavory reputation. There have also been news reports about the severity of pit bull attacks, which according to the Centers for Disease Control and Prevention accounted for 60 or one-fifth of 279 dog-attack fatalities in the United States between 1979 and 1996.
Pit bull advocates have argued that there are other dogs commonly misidentified as pit bulls, which they say may skew such statistics.
Murphy said she was pleased with the victory and hopes it proves to the dog pound and local authorities that a dog should not be considered vicious just because it's a pit bull.
She disagrees with the pound continuing its policy of not adopting out pit bulls, which means any pit bull picked up that is not claimed will eventually be put to sleep.
"It's the people who make the dog vicious," she said, suggesting that the pound should check out a potential owner's background if it is concerned about adopting out a pit bull. "My opinion is it's not the dog, it's the owner."
Watts, with the Marion County Board of Commissioners' backing, said the dog pound will continue its refusal to adopt out pit bulls.
"People say, 'You still consider them a threat,'" she said. "I guess yes. They can do a lot of damage quicker than other dogs."
Watts said that there are other dogs such as chows, German shepherds, dobermans and rottweilers that she screens carefully before putting them up for adoption.
"We really try to screen every dog," she said.
Reporter Kurt Moore: 740-375-5151 or kdmoore@nncogannett.com (kdmoore@nncogannett.com)
Local officials adjust 'vicious' animal procedures
By KURT MOORE
The Marion Star
MARION - Heidi Murphy has several ways to describe her dogs, such as loyal, non-aggressive family pets.
They are also pit bulls, falling under the state's label of "vicious dog." However, Murphy's successful challenge of the legal implications of that label has forced the Marion County Dog Pound and local law enforcement to change their view and the way they operate in regards to vicious dogs.
The Third District Court of Appeals has overturned Murphy's conviction in Marion Municipal Court of failing to confine and to obtain liability insurance for vicious dogs. The case, overturned on Sept. 5, is being sent back to Marion Municipal Court after appellate judges agreed that Murphy's dogs can't be considered vicious just because they are pit bulls.
"These dogs were family dogs," said Murphy's attorney, Jon Doyle, who said there was "no shred of evidence" that they are vicious. "Pit bull owners should be free of this stigma."
Marion County Deputy Dog Warden Jeremy Roberts had cited Murphy, a Marion resident, after he saw one of her dogs running loose and discovered that she did not have liability insurance. Roberts told her husband, Matt Murphy, that he must pick up a vicious dog notice packet or show proof of liability insurance within three days.
"I wanted them to prove my dogs are vicious," said Murphy, who failed to pick up the packet or show insurance and was charged. "I just thought it wasn't right. It's not right if my dogs had never bitten anyone."
Because of the appellate court's decision, Dog Warden Jane Watts said pit bulls will now be treated the same as other dogs. They will be picked up if seen running loose, but the fine will be about $95, not the $125 charged for vicious dogs. Pit bulls will only be considered vicious if the specific dog injured someone or killed another dog.
"Everybody is on a level playing field," said Watts, who is displeased with the decision.
"They can do a lot of damage quicker than other dogs," she said. "You just don't know the breeding. They are so quick, so fast, so hard."
Instances such as a pit bull not being muzzled or on a chain-link leash or tether in public will have to be handled on a case-by-case basis. Marion City Assistant Law Director Jason Warner said deputy dog wardens will not be able to immediately
determine whether an owner of a pit bull can present evidence against the "presumption" that the pit bull is vicious.
Because of that, unless the law changes or a higher court addresses the issue, Warner said the law director's office is suggesting that it will not be able to prosecute vicious dog cases absent some evidence that the dogs have at least demonstrated aggression.
Murphy, in both the municipal and appellate court appearances, argued that the dogs had never shown aggression and presented a video of the dogs playing with and sleeping with her children. Roberts, in cross-examination, said that the dog he saw loose never showed any aggression towards him and he never knew of either dog killing another dog or biting anyone.
Marion County Law Director Mark Russell said the case was not about the constitutionality of pit bull statutes. He stated in an e-mail that the current pit bull statute allows an owner to "rebut" the presumption that their particular dog is a vicious dog.
He said the appellate court reversed the municipal court ruling because Marion Municipal Judge Teresa Ballinger failed to afford Murphy's rebuttal testimony sufficient weight.
"Jane (Watts) has been well justified in her position," said Warner, referring to the dog warden's refusal to adopt out pit bulls and requirement that owners obtain liability insurance and muzzle the dogs. He referred to other recent Ohio cases that challenged such views of pit bulls.
"It's a real interesting area of the law right now," he said.
The pit bull has been associated with gangs and dog-fighting, gaining it an unsavory reputation. There have also been news reports about the severity of pit bull attacks, which according to the Centers for Disease Control and Prevention accounted for 60 or one-fifth of 279 dog-attack fatalities in the United States between 1979 and 1996.
Pit bull advocates have argued that there are other dogs commonly misidentified as pit bulls, which they say may skew such statistics.
Murphy said she was pleased with the victory and hopes it proves to the dog pound and local authorities that a dog should not be considered vicious just because it's a pit bull.
She disagrees with the pound continuing its policy of not adopting out pit bulls, which means any pit bull picked up that is not claimed will eventually be put to sleep.
"It's the people who make the dog vicious," she said, suggesting that the pound should check out a potential owner's background if it is concerned about adopting out a pit bull. "My opinion is it's not the dog, it's the owner."
Watts, with the Marion County Board of Commissioners' backing, said the dog pound will continue its refusal to adopt out pit bulls.
"People say, 'You still consider them a threat,'" she said. "I guess yes. They can do a lot of damage quicker than other dogs."
Watts said that there are other dogs such as chows, German shepherds, dobermans and rottweilers that she screens carefully before putting them up for adoption.
"We really try to screen every dog," she said.
Reporter Kurt Moore: 740-375-5151 or kdmoore@nncogannett.com (kdmoore@nncogannett.com)