MD: Queen Anne's lifts moratorium on adopting pit bulls

Queen Anne’s lifts moratorium on adopting pit bulls

Queen Anne’s lifts moratorium on adopting pit bulls
Posted: Sunday, July 29, 2012 10:00 pm

By Greg Reinbold Special from the Star Democrat


Jacks, a neutered male "pit bull" enjoys some attention from Queen Anne's County Animal Services employee Mandy Ferguson. Jacks is one of many dogs affected by the moratorium on pit bull and pit bull mix adoptions in response to the Maryland Court of Appeals' ruling that pit bulls and pit bull mixes are inherently dangerous dogs.

The Queen Anne's County Commissioners voted unanimously at Tuesday evening's meeting to lift the moratorium on pit bull and pit bull mix adoptions that had been in place since May 8.

The moratorium was a response to the April 26 Maryland Court of Appeals ruling deeming all pit bulls and pit bull mixes "inherently dangerous." The Office of the Attorney General of Maryland issued an opinion July 10 calling for a stay of the ruling and filed a motion for reconsideration.

Even before the Attorney General's actions, Queen Anne's County Director of Animal Services Dave MacGlashan and his staff had made preparations to have the moratorium lifted.

Animal Services drafted a special liability waiver for adoptions of the breeds specifically targeted by the controversial legislation. The waiver will accompany the group's existing adoption waiver and paperwork for anyone seeking to adopt a dog classified as a pit bull or pit bull mix.

The Court of Appeals decision was a result of retired Court of Appeals Judge Dale R. Cathell's written opinion in Tracey v. Solesky, a case in which two Baltimore County boys were mauled by a pit bull.

"When an attack involves pit bulls, it is no longer necessary to prove that the particular pit bull or pit bulls are dangerous," Cathell wrote.

The ruling would make owners criminally liable for negligence if their dog attacks someone. The law would also likely raise pit bull or pit bull mix owners' home insurance rates along with those of landlords whose tenants keep the breeds.

Because of the stay, the ruling has not gone into effect.

Shore representatives in the General Assembly railed against the ruling almost as soon as it was released.

Delegate Michael Smigiel (R-Upper Shore) is part of a 10-member task force reviewing the issue and State Senate Minority Leader E.J. Pipkin (R-Upper Shore) has indicated he intends to introduce a bill to negate the ruling.

"Before the unprecedented and misguided court decision on pit bulls, a bite victim seeking damages, would have to prove that the dog's owner knew that the pet had a history of being dangerous or violence-prone. It is no longer necessary to prove a pit bill is dangerous," Pipkin wrote in a letter to the Record Observer.

Pipkin and Smigiel both said Maryland is the only state, according to the Humane Society of the United States, to officially regard pit bulls and pit bull mixes as categorically dangerous.

The General Assembly has been called to a second special session on Aug. 9 to discuss gambling, where a decision on the pit bull ruling could also be reached at that time.

If it is not addressed, legislators will likely revisit the issue during the General Assembly's regular session next year.

Queen Anne’s lifts moratorium on adopting pit bulls - Cecil Daily: Regional News