Pit Bull Owners Fight Back

Pit bull owners fight back in Auburn: $1 million claim filed against city over dog ordinance

2006-03-03
by Mike Archbold
Journal Reporter


AUBURN -- Pit bull owners are fighting back against the city of Auburn for tagging their dogs and others as potentially dangerous.

Two representatives of the American Canine Foundation filed a $1 million claim Thursday against the city of Auburn for damages in connection with recent changes to the city's dangerous dog ordinance.

Glen Bui of Shelton, and Cynthia McCammon, who works in Auburn, spoke against the ordinance, which singles out 12 breeds of dogs as ``potentially dangerous'' by virtue of their breed and requires owners of those breeds within the city to register their dogs.

Failure to register can lead to a fine and or jail time.

Several of the dogs on the list are pit bull breeds.

The Auburn City Council approved the ordinance changes Feb. 21.

Bui said the damage claim is the first step to filing a ACF lawsuit in state court to overturn the ordinance. He said the ACF also plans to file a lawsuit in federal court.

Money is not the issue, he said, and the $1 million is simply to get the city's attention. He said the ACF wants the city to use accurate dog bite data and ``stop discriminating'' against dog owners. The ACF's goals are the same as the city's, he said: encourage responsible dog ownership and regulate dangerous dogs.

Bui, who owns pit bulls, said the city ordinance simply won't protect the public and discriminates against certain dog owners.

The damage claim contends the Auburn ordinance unfairly classifies owners of the specific breeds of dogs as owners of potentially dangerous dogs without any proof they are dangerous. That, he said, is a violation of the 14th Amendment to the U.S. Constitution by not allowing owners access to courts to make a determination if the dog is dangerous.

Bui said he and McCammon planned to move to Auburn but now cannot because they own dogs on the list of potentially dangerous dogs. Insurance companies will not insure homeowners who own any dog classified as potentially dangerous, he said.

``Plaintiffs will bring forth strong evidence at trial to prove (the city) acted out of malice and intentional negligence'' in selecting specific breeds, according to the damage claim.

Bui said the ACF has won lawsuits in other cities over dangerous dog ordinances that have been breed specific. He said his organization is currently involved in a lawsuit with the City of Denver over banning certain breeds of dogs.

Mike Archbold can be reached at mike.archbold@kingcountyjournal.com or at 253-872-6647.

http://www.kingcountyjournal.com/sited/story/html/231607

 

Now that is too cool, hit them where it hurts!!! Mouser