Shon
05-14-2004, 07:51 PM
Fifteen years after a pit bull inflicted massive injuries on a Denver minister and the city outlawed the breed, Denver filed suit Thursday asking that a new state law overriding its pit bull ban be declared unconstitutional.
Denver claims the law infringes on its power as a home-rule city to prohibit what it considers to be dangerous breeds.
"We are basically asking the district court to declare that under the state constitution, Denver was granted home-rule authority to decide for itself matters of local concern," said Kory Nelson, assistant city attorney.
On May 8, 1989, the Rev. Wilbur Billingsley was attacked by a pit bull after he left his home at 2075 Emerson St. to go to the store. He was taking his usual shortcut through an alley when the dog came through a fence and attacked.
Billingsley, 58, was bitten 70 times and had two of his legs broken. He was saved by neighbor Norman Cable, who killed the dog with a shotgun.
Council members have been bristling ever since Gov. Bill Owens on April 21 signed into law a dog-biting bill. It increases liability for owners of dogs that bite for the first time but prohibits 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 being held because of their breed. Buddy's defenders spearheaded the effort to repeal bans on specific dog breeds.
The legislature has provoked Denver's ire in recent years by passing laws that override what the city feels are matters of critical public health concern - including limits on dogs and weapons.
Last year, Denver sued the state over new laws regarding concealed weapons. That case is slated for trial in August but could be decided sooner.
Nelson said that since April 21, Denver has treated pit bulls like any other dog and will pick them up only if they are running at large, or attacking or biting someone.
Denver claims the law infringes on its power as a home-rule city to prohibit what it considers to be dangerous breeds.
"We are basically asking the district court to declare that under the state constitution, Denver was granted home-rule authority to decide for itself matters of local concern," said Kory Nelson, assistant city attorney.
On May 8, 1989, the Rev. Wilbur Billingsley was attacked by a pit bull after he left his home at 2075 Emerson St. to go to the store. He was taking his usual shortcut through an alley when the dog came through a fence and attacked.
Billingsley, 58, was bitten 70 times and had two of his legs broken. He was saved by neighbor Norman Cable, who killed the dog with a shotgun.
Council members have been bristling ever since Gov. Bill Owens on April 21 signed into law a dog-biting bill. It increases liability for owners of dogs that bite for the first time but prohibits 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 being held because of their breed. Buddy's defenders spearheaded the effort to repeal bans on specific dog breeds.
The legislature has provoked Denver's ire in recent years by passing laws that override what the city feels are matters of critical public health concern - including limits on dogs and weapons.
Last year, Denver sued the state over new laws regarding concealed weapons. That case is slated for trial in August but could be decided sooner.
Nelson said that since April 21, Denver has treated pit bulls like any other dog and will pick them up only if they are running at large, or attacking or biting someone.