Shon
05-23-2004, 01:17 AM
An Omaha-based pit bull association has threatened to take legal action against the city of Council Bluffs if it enacts a ban against pit bulls.
According to a letter faxed to The Daily Nonpareil, the American Pit Bull Rescue Association cites the 14th Amendment's prohibition against the state deriving residents of property without equal protection and due process as the basis for why a ban would be unconstitutional.
In addition, the group said a ban is only treating the symptoms without getting to the source of the problem.
"Rather than waste time and valuable taxpayer resources in lengthy legal battles over flawed legislation, which is similar to that overturned in several other states, the APBRA suggests a reasoned dialogue of interested community members to come up with ways of applying existing laws or defining new laws that do not deprive citizens of their constitutional rights," wrote spokesman David Hibler Sr.
Recently, the city's Board of Health recommended the ban on pit bulls that Dierks relayed to the City Council. The ban mentioned American Staffordshire Terriers and Staffordshire Bull Terriers.
In response, City Attorney Richard Wade said the proposed ban is only one of numerous ideas being tossed around to address the problem.
"At this point, the council is studying what is the best way to solve the problem because it is a problem," Wade said.
It's possible that Dierks could declare pit bulls as "dangerous," and that would require certain precautions taken by pit bull owners, Wade said.
Several cities, including Des Moines, Cincinnati and cities around Detroit, have enacted pit bull bans, he said.
"I'm not aware of pending litigation against Des Moines or the other communities," Wade said.
The American Pit Bull Rescue Association is a nonprofit corporation registered in Nebraska and works to combat dog fighting and to educate the public on the benefits of American Pit Bulls and provide rescue resources for neglected and abused American Pit Bulls.
According to a letter faxed to The Daily Nonpareil, the American Pit Bull Rescue Association cites the 14th Amendment's prohibition against the state deriving residents of property without equal protection and due process as the basis for why a ban would be unconstitutional.
In addition, the group said a ban is only treating the symptoms without getting to the source of the problem.
"Rather than waste time and valuable taxpayer resources in lengthy legal battles over flawed legislation, which is similar to that overturned in several other states, the APBRA suggests a reasoned dialogue of interested community members to come up with ways of applying existing laws or defining new laws that do not deprive citizens of their constitutional rights," wrote spokesman David Hibler Sr.
Recently, the city's Board of Health recommended the ban on pit bulls that Dierks relayed to the City Council. The ban mentioned American Staffordshire Terriers and Staffordshire Bull Terriers.
In response, City Attorney Richard Wade said the proposed ban is only one of numerous ideas being tossed around to address the problem.
"At this point, the council is studying what is the best way to solve the problem because it is a problem," Wade said.
It's possible that Dierks could declare pit bulls as "dangerous," and that would require certain precautions taken by pit bull owners, Wade said.
Several cities, including Des Moines, Cincinnati and cities around Detroit, have enacted pit bull bans, he said.
"I'm not aware of pending litigation against Des Moines or the other communities," Wade said.
The American Pit Bull Rescue Association is a nonprofit corporation registered in Nebraska and works to combat dog fighting and to educate the public on the benefits of American Pit Bulls and provide rescue resources for neglected and abused American Pit Bulls.