Shon
05-05-2004, 02:54 PM
Denver will sue state to restore Pit Bull ban
Denver officials have opted to pick a dogfight with the state, instructing city attorneys to sue in an effort to uphold the city's ban on pit bulls.
The Denver City Council and Mayor John Hickenlooper's representatives made the decision Tuesday after a briefing on legal options in the case. City attorneys plan to file the lawsuit in state court within a week.
In addition, the city has suspended its 15- year-old ban on pit bulls pending a state court decision.
"We determined that the most efficient way to get this resolved was to take the initiative," assistant city attorney David Broadwell said.
Council members have bristled since Gov. Bill Owens on April 21 signed into law a dangerous-dog bill that increased liability for owners of dogs that bite for the first time, and that prohibited breed-specific bans.
Denver suspended its ban when the law was signed and released a condemned Staffordshire terrier named Buddy and several of his buddies. Buddy's defenders had spearheaded the successful effort to repeal bans on specific dog breeds.
More than teeth-gnashing over canine control, the state's new law is the latest in a series of encroachments by the state on Denver's home-rule authority to set and enforce its own laws, some council members say.
"I believe we certainly want to have a comprehensive discussion of the (city) statute, but the first order of business for us is to protect our home-rule ability to govern ourselves," councilwoman Rosemary Rodriguez said.
Last year, Denver sued the state over newly minted state laws regarding concealed weapons, citing a violation of the city's home-rule authority. That case is slated for trial in August but could be decided sooner.
Denver sued the state and won in the late 1980s over the city's requirement that its employees live within its boundaries. However, voters repealed the law in 1998.
The Colorado Attorney General's Office will defend the state against Denver's impending lawsuit.
Denver officials have opted to pick a dogfight with the state, instructing city attorneys to sue in an effort to uphold the city's ban on pit bulls.
The Denver City Council and Mayor John Hickenlooper's representatives made the decision Tuesday after a briefing on legal options in the case. City attorneys plan to file the lawsuit in state court within a week.
In addition, the city has suspended its 15- year-old ban on pit bulls pending a state court decision.
"We determined that the most efficient way to get this resolved was to take the initiative," assistant city attorney David Broadwell said.
Council members have bristled since Gov. Bill Owens on April 21 signed into law a dangerous-dog bill that increased liability for owners of dogs that bite for the first time, and that prohibited breed-specific bans.
Denver suspended its ban when the law was signed and released a condemned Staffordshire terrier named Buddy and several of his buddies. Buddy's defenders had spearheaded the successful effort to repeal bans on specific dog breeds.
More than teeth-gnashing over canine control, the state's new law is the latest in a series of encroachments by the state on Denver's home-rule authority to set and enforce its own laws, some council members say.
"I believe we certainly want to have a comprehensive discussion of the (city) statute, but the first order of business for us is to protect our home-rule ability to govern ourselves," councilwoman Rosemary Rodriguez said.
Last year, Denver sued the state over newly minted state laws regarding concealed weapons, citing a violation of the city's home-rule authority. That case is slated for trial in August but could be decided sooner.
Denver sued the state and won in the late 1980s over the city's requirement that its employees live within its boundaries. However, voters repealed the law in 1998.
The Colorado Attorney General's Office will defend the state against Denver's impending lawsuit.