Marty
10-29-2004, 04:36 PM
BROOKSVILLE, Ky. - Two pit bull owners have asked a judge for a temporary injunction to stop Bracken County officials from enforcing a recently enacted ban on the dogs.
In the petition, filed Oct. 23, pit bull terrier owners Michael Bess and Timothy Poe said the ban violates the state and federal constitutions because it designates a specific breed as a public nuisance and denies the rights of the dogs' owners to own property. The law also violates due-process guarantees, because it allows the county to order the dogs to be destroyed, the petition said.
Bracken County Attorney Ed Rudd said answering the petition will require a lot of research because of the constitutional questions raised.
"It's either unconstitutional or it isn't," Rudd said. "I'm pretty sure both sides will file appeals if they receive an adverse decision."
In the petition, filed Oct. 23, pit bull terrier owners Michael Bess and Timothy Poe said the ban violates the state and federal constitutions because it designates a specific breed as a public nuisance and denies the rights of the dogs' owners to own property. The law also violates due-process guarantees, because it allows the county to order the dogs to be destroyed, the petition said.
Bracken County Attorney Ed Rudd said answering the petition will require a lot of research because of the constitutional questions raised.
"It's either unconstitutional or it isn't," Rudd said. "I'm pretty sure both sides will file appeals if they receive an adverse decision."