Bluffs' Pit Bull Ban Stands

Des Moines, IA -- Council Bluffs' new pit bull ban will stand, for now.

A Pottawattamie County judge Monday rejected an effort to stop enforcement of a pit bull ban. Dan Curnyn filed the lawsuit in an attempt to stop Council Bluffs' new ban on pit bulls, saying his dog "Marley" is anything but vicious.

"You'll get hurt if you trip over her in the middle of the night," Curnyn said.

Marley is diabetic, blind and crippled, but under the new ordinance, Marley must be licensed and insured for at least $100,000, which she is. Curnyn must have a "beware of dog" sign, and a 6-foot fence around his yard, which he does.

Even though Marley is in compliance, the new law prohibits Curnyn from getting a new pit bull.

"It's just not right. Pit bulls are not Robocops. They're not born mean," Curnyn said.

But in court, the judge denied his temporary restraining order.

"It was the right decision from a legal standpoint," said Council Bluffs City Councilman Chad Primmer, who voted for the new pit bull ordinance. "The evidence is these dogs are two-to-one more likely to result in fatality if there's an attack. I can't take that chance."

A pit bull breeder said he's moving out of town if the new ordinance doesn't get overturned.

"It's just wrong," said Zachary Straight. "I understand there might be a few viscous ones. I ain't saying there aren't some vicious ones. But I don't understand how they can come up with an ordinance and put all the pit bulls out."

Even though the judge denied the temporary restraining order, he did set a trial date to decide whether to permanently enjoin the city from imposing the pit bull ban. It will be heard June 2.

Council Bluffs' Assistant City Attorney Mike Sciortino is confident the bill is constitutional. He said it's very similar to Des Moines' pit bull ordinance, which has been upheld in the Iowa Supreme Court.

More than two dozen pit bull bites have been recorded in Council Bluffs in 2004.

 

"IF" there's an attack?? The prob w/that is that pit bulls are typically ranked next to last in the list of dogs who DO bite the most. Take CO for example. While many cities have banned pit bulls, Labradors continue to be the states no. 1 biting breed. pit bulls were ranked waaay down on the list. Also, we just put down (after rabies quarintine) a 18lb chihuahua who ripped out a 7 yr olds achilles tendon. literally. as apbt owners we need to be own our state senators & representatives asses constently. I am in the process of developing a form letter that hopefully will be able to be use in mass for people to send to their state officials. If they are banned or banning apbts where you live, aggravate the piss out of them. We the public need to be heard every hour of every day. I'm sick & tired of reading all this crap about BSL.

 

i live about 15 min from council bluffs and this breed has been givin a bad name because of irresponsible owners. that area has had a lot of people raising the dogs for fighting and to protect drug houses. i own a pit and plan on getting more but it seems that they are trying to bring the pit ban to the omaha. it seems that every 10 years they will switch between breeds saying they are dangerous when i was growing up here it was the rotwielers in the spot light now they are going for the pit bulls and any thing close to the bully breeds im tired of them trying to find a scape goat. Blame the owners for not raising them right don't blame the breed, don't punish us who have these breeds.