Denvers Breed Ban the Truth

[font=Arial,Helvetica,sans-serif]Denver Colorado Legislative Update Denver's City Attorney Kory Nelson has been contacting cities across the United States and providing them information on Denver's breed ban on American Pit Bull Terriers. This data is not accurate and below are facts Mr Nelson is failing to reveal.

1. Mr Nelson lost his arguments that Denver's breed ban was constitutional in the Colorado 2004 legislative session when he tried to stop HB1279 from passing to be signed by the Governor. Mr Nelson presented documents Denver had used in the past, all manipulated data provided by radical animal rights organizations. The Senators and Legislators of Colorado did not find Mr Nelsons arguments credible and voted to end breed specific legislation in Colorado by voting yes to HB1279 which prohibits banning specific breeds of dogs in Colorado at the local and state level.

2. In 2004 Mr Nelson lost a legal battle in the Denver Municipal Court July 7, 2004 ( Margolius v Denver ) Mr Margolius was charged with violating Denver's breed ban. ACF challenged Denver's breed ban and at trial all of Denver's animal control officers were disqualified because they could not prove beyond a reasonable doubt they could identify what is known as the American Pit Bull Terrier. Mr Margolius's case was dismissed.

3. In 2004 Denver sued Colorado arguing they had a right to home rule over their breed ban. The state of Colorado asked ACF to intervene to provide expert testimony and research proving Pit Bull Terriers and others breeds are not genetically vicious or dangerous and do not inflict more severe injury than other breeds. The court hearing the case denied ACF's intervention without giving any reason. Then Colorado resident Marci Grebing filed a motion for intervention and the court denied that motion also giving no reason. A trial was heard on April 7 2005 regarding Denver's right to home rule, no constitutional arguments were raised, the trial lasted less than one day, Denver's expert Dr Borchelt had testified in a previous case ( Tellings v Toledo ) that he had done no research on American Pit Bull Terriers. In reviewing the evidence used at the Denver trial it was found to be erroneous and outdated. The judge reached his decision within minutes of the end of the trial . The court made no effort to consider current scientific data, accurate fatal dog attack data and hear from some of the countries leading experts on canine behavior and genetics.

4. Marci Grebing filed an appeal over the denial of intervention in Colorado v Denver, Mr Nelson filed a motion to dismiss Ms Grebings appeal, Ms Grebing responded addressing Mr Nelson's credibility to the court. The court of appeals denied Mr Nelsons motion and the case is moving forward. Ms Grebing is asking for a new trial where Denver dog owners and Colorado residents can be represented correctly.

5. Mr Nelson has been calling cities up providing them with misleading data telling them Denver's breed ban withstood a court challenge. This is not true and last year in the Margolius case Denver's breed ban did not stand up to court litigation. Mr Nelson's data was found not credible by the Colorado Legislature in 2004. Mr Nelsons motions in the Colorado Court of Appeals regarding the Denver v Colorado lawsuit were also found not credible.

6. Mr Nelsons behavior and that of animal rights agenda, of which Mr Nelson is promoting when he supports Denver's breed ban is one of the leading causes of the violence directed at American Pit Bull Terriers and their owners. The manipulation and intentional false data , the media hype, the sensational stories and all the lobbying for breed bans has resulted in death threats, domestic violence, the killing of family pets and the loss to the right to own property while at the same time criminalizing United States citizens. Refer to ACF Report ( REGULATION AND CONTROL OF DANGEROUS DOGS ) AMERICAN CANINE FOUNDTION 2005 Edit Text

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