how does a responsible pit bull owner get protection when ordinances are unconstituti

We are in a situation where a formal complaint was made that we have a pit bull. The police have given us 30 days to kill her or sell our home and move. our pit is gentle and loving and gets along with everyone and every other dog. We have 2 other dogs and our childrens dogs that spend time with us. She has never fought, bit or shown any vicious tendencies. We feel violated and cannot seem to get enough help by agencies to support our claim that the ban on pit bulls as a breed is wrong. The vicious dog act should be individualized only.

 

Re: how does a responsible pit bull owner get protection when ordinances are unconsti

Where do you live?

 

Re: how does a responsible pit bull owner get protection when ordinances are unconsti

Fuck where you live, do you have papers(A PEDIGREE REGISTERED TO YOUR NAME WITH A REGISTRY(NOT A CITY REGISTRY) ADBA UKC ETC) on that mutt? If you don't, was it bred by a bulldog fancier? If not you don't own a fkn apbt. Stop pretending like you do and stop pleading guilty to crimes you didn't commit. If the above is true, your dog is a mutt
........
Even if your dog is a real bulldog, if there's no way to prove it who the fk are they (pit#5?) to inform you of what breed your dog is. They don't know shit about your dog, and if you don't trust the breeder you got your dogs from - you don't know shit about the dogs either.

If your dog is fully registered and you have a show & pull card with a picture of your dog and he is dna profiled and all that, well you are breaking the law on purpose and were asking to get in trouble. If you don't know for a fact what your dog is made of, how the fk do they? Because your neighbor must be an pro dogfighter, right? Or is he an adba show judge and he saw you there? Lmfao. You might as well call and say he beats his wife and sells drugs, that could be true too, couldn't it? Lmao

 

Re: how does a responsible pit bull owner get protection when ordinances are unconsti

Just because it isn't right doesn't mean the police can't and won't take your dog (regardless of it is an APBT or not, if it "looks like a pit bull" that is all that is needed - Boxers have been killed or owners forced to move for their dog being "pit bulls" in places with BSL in some cases).

Not having papers doesn't help her case either, the only thing that would help is papers and a vet's opinion saying he is not a "pit bull" and even then I can think of a situation in the news with a boxer where none of that info was listened to even though the owner had it.

Animal rights folks and the government are laying in a big ugly bed together and what they are doing to everyone else - bulldog owner, mutt owner, or even an exotic animal owner - is pretty crappy.

 

Re: how does a responsible pit bull owner get protection when ordinances are unconsti

If I didn't have the freedom to simply own the dog of my choice,I'd just move.I know that might sound a little extreme but it's that or you'll have to buckle under everytime the city ordinance wants you to do something.I choose to live in the middle of nowhere for that reason,for my privacy and freedom.I wouldn't live somewhere where I couldn't own the dog I wanted,had to mow my yard when they wanted,couldn't keep the old fixer upper cars I like.I like my freedoms.If you just can't afford to move,maybe you have a friend or family member that would take your dog.I don't know,it's a bad deal.Good luck.

 

Re: how does a responsible pit bull owner get protection when ordinances are unconsti

I wouldn't move, not for one dog.

They'd have to take my dog by force though.

 

Re: how does a responsible pit bull owner get protection when ordinances are unconsti

I'd move. I'm not paying taxes to a city or state that won't allow my dog. There are other places that would love to have me pay taxes there.

 

Re: how does a responsible pit bull owner get protection when ordinances are unconsti

need lots of money and a lawyer.

 

Re: how does a responsible pit bull owner get protection when ordinances are unconsti

There are other people on here with way more knowledge on this subject than me. If you really want to fight it do just that, fight it. File a lawsuit against your city for violating your constitutional rights. You can call around to local civil lawyers and go meet with them. Have your facts straight before you go meet with attorneys. Provide incidences where BSL has been ruled unconstitutional. Get one to take a retainer for cheap and file the proper paperwork. The city may not even have the budget to fight you. If your budget is small, look for a young lawyer. 9 times out of 10 they are fresh out of school and need to make a name for themselves. Contact www.EndangeredBreedsAssociation.org (225)567-5120 they will send you a packet full of information, provide your attorney with copies of the packet.

Article about overturning BSL, due to being unconstitutional (Ohio).
http://www.akc.org/news/index.cfm?article_id=2816
Ohio Court Rules BSL Unconstitutional[Tuesday, March 07, 2006] The Sixth District Court of Appeals in Ohio handed responsible dog owners a monumental victory last week when it ruled that local and state breed-specific "vicious" dog laws were unconstitutional. In a 2-1 decision, the Court held that Toledo Municipal Code 505.14a. (limiting ownership to one "pit bull" per household) and Ohio Revised Code 955.11 and 955.22 (failure of pit bull owner to provide liability insurance) violated several constitutional rights, including the right to due process. The Appellate Court held, just as the Ohio State Supreme Court did in 2004, that such laws do not provide owners with an opportunity to appeal a "vicious" dog finding before being penalized or charged with non-compliance, thereby violating their right to be heard and to defend their property.

 

Re: how does a responsible pit bull owner get protection when ordinances are unconsti

To retain, start on the case, and file the paperwork should cost no more than $500-$1000.

 

Re: how does a responsible pit bull owner get protection when ordinances are unconsti

I would fight the system and if you owned the dog before they passed the law, they should make an exception. If not, push the subject and take the state or city to court like ATEXAN said to. It's worth a shot!

 

Re: how does a responsible pit bull owner get protection when ordinances are unconsti

We live in Payette Idaho. We think we may have found a lawyer willing to help us. She helped overturn the vicious dog act in caldwell Idaho. The lawyers we have spoken to either wand a $10,000 retainer fee or they will not fight the county. we pray this lawyer does not want thousands of dollars. We are on a fixed income of disability and do not have any savings anymore.

 

Re: how does a responsible pit bull owner get protection when ordinances are unconsti

Payette, Idaho passed the law in 2007, with a grandfather clause for pit bulls already in the county.

Good luck with it. You need to be VERY clear, however, that the vast majority of breed specific legislation is upheld by courts and fighting it in court is an expensive proposition. For example, Atexan, (above) cited to a lower court ruling from Ohio, overturning Toledo's breed specific law. Unfortunately for the person who brought that case, further appeals found the laws to be constitutional and appeals (all the way up to the US Supreme Court) were to no avail.

So people who cite only to the lower court ruling are giving the misleading impression that this was a victory against breed specific legislation. In fact, it was a big defeat.


And, remember, if you fight in court and lose, you don't get any of your money back. It might be cheaper in the long run to move.

Fighting the law in court is an expensive and risky proposition. Moving (perhaps placing your dog out of the county with friends or relatives until you can settle elsewhere) is a sure cure.

 

Re: how does a responsible pit bull owner get protection when ordinances are unconsti

Here is a good synopsis of legal challenges to BSL. Note that in most cases, the BSL has been upheld. http://www.theanimalcouncil.com/BSL-Legal.html

 

Re: how does a responsible pit bull owner get protection when ordinances are unconsti

Thx, that is good to know, I spent less than 3 minutes doing an internet search and that was a related article I came across. You should stand up and fight for your rights and dont back down. If everybody had the attitude of Skeptic (no offense) then we would all be totally enslaved! Dont forget to join and contact the www.EndangeredBreedsAssociation.org ! Good Luck keep us posted. You can set up a website that takes donations via paypal to gain local support from other apbt owners to help you fight for THEIR rights. Let me know if you need help with the website and I can get someone to make it for you.

 

Re: how does a responsible pit bull owner get protection when ordinances are unconsti

Atexan,

If you are advocating that adriana go way out on a limb to fight for YOUR rights, then exactly how much money are you going to send her for legal fees? And if it doesn't work (like it hasn't so many other places, like Toronto, where huge amonts of money were raised from pit bull people and ultimately the case was lost) are you going to pay to help her move?

I am not saying that Adriana should not fight this in court. I am just saying that she ought to be careful listening to the overly optimistic advice of people who think that courts often find BSL to be unconstitutional. Look at the chart I posted. Almost all of the cases were lost and it almost certainly would be cheaper just to move.

 

Re: how does a responsible pit bull owner get protection when ordinances are unconsti

By the way, I think your advice that adriana contact Endangered Breeds and get financial help from them to fight this is good. I hope she posts back and tells us that they have committed to pay her legal fees.

 

Re: how does a responsible pit bull owner get protection when ordinances are unconsti

No we dont have all her papers. We could prbably get them from the akc,and ukc. But that will not help us because our dog can be dueled registered and both are on the vicous dog act.

 

Re: how does a responsible pit bull owner get protection when ordinances are unconsti

We live in a small town is rural.

 

Re: how does a responsible pit bull owner get protection when ordinances are unconsti

get rid of them till the heat goes down. then keep quite when there not looking.