Pit bull ban opponents to seek injunction

Council Bluffs, IA-- A motion will be filed in about a month for a temporary injunction to block Council Bluffs' ban on pit bulls from taking effect, a spokesman for the American Canine Foundation said.

Glen Bui, the ACF's vice president, said Wednesday the filing will be in Pottawattamie County District Court and that a trial date would be set to determine the legality of the ordinance approved Monday night.

"We regret that we have to file litigation against the city," Bui said. "We've been interviewing attorneys in the state of Iowa since yesterday (Tuesday)."

It might be six months down the road or even longer before the trial takes place, Bui said.

"We will ask for a jury trial," he said.

The ACF, based in Seattle, Wash, is a nonprofit organization that was founded in 2000 to stop irresponsible dog ownership and to protect dog owners' rights, among other related issues.

The City Council Monday night approved a ban on pit bulls that's to become effective on Jan. 1, 2005. The ban was the recommendation of the city's Health Board because of an increased number of pit bull attacks on humans.

"I'm in disbelief that they would go forth and enact legislation that won't solve the problem," Bui said. "Statistics from other communities that ban specific breeds indicate that these types of laws don't protect the public and criminalize responsible pet owners."

He said that the Ohio Supreme Court recently declared that breed-specific laws in various communities in that state were unconstitutional.

The legal challenge against the Council Bluffs ban is that it's a violation of due process, of people to enjoy their property rights and of their liberty, he said

There's no question in his mind what the outcome of a trial would be.

"We will win," Bui said. "We haven't lost a case yet."

A city attorney disagreed.

"We're very confident any lawsuit would fail," said Don Bauermeister.

The city is legally exercising its police power as far as public safety goes, he said.

Another city attorney, Mike Sciortino, said Des Moines had a similar dog ordinance that was challenged, but the Iowa Supreme Court declared the ordinance was constitutional.

"We intend to defend our ordinance," Sciortino said.

Council Bluffs isn't the only Iowa city to impose a pit bull ban. Muscatine passed a similar ban two years ago.

There have been no lawsuits there, said City Attorney Harvey Allbee Jr. The city has been able to prove people in violation of the ordinance, fines were paid and that's been about it, he said.

"Nobody has questioned the validity of the ordinance," Allbee said.

Anamosa passed a ban several years ago, and no legal action from any organization has ever occurred, said City Attorney Adrian Knuth.

"We've had no problems," he said.

Ottumwa, though, does a have lawsuit pending against its ban, according to Bui. Ban opponents there are seeking $750,000 in monetary damages, he said. Trial there is expected to begin there next spring, Bui said.

The ban opponents in Ottumwa determined the amount of monetary damages in the suit, he said.

"We leave it up to the citizens in the community," Bui said.

City attorneys in Ottumwa could not be reached for comment.

Charlotte Skokan, a local resident who opposes the ban, said local ban opponents have not yet determined any monetary damages they may want to seek.

"It's early in the situation," she said.

A fund has been established at US Bank to pay for the legal challenge against the ban.

Sciortino said that there's more to it than just filing a motion for a temporary injunction.

"Normally, they would file a lawsuit and a part of that suit would be a temporary injunction," Sciortino said.

And, if a judge were to rule in favor of the injunction and holding a trial, the city would request the plaintiffs post a substantial bond, he said