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Breed Specific Legislation


    Kim Farrow
December 1, 2011


                             1
How I Learned about BSL




                          2
“I hold that the more
helpless a creature, the
  more entitled it is to
protection by man from
  the cruelty of man”
         - Mahatma Gandhi   3
What is Breed Specific Legislation?


   “Legislation aimed at
   eradicating or strictly
regulating dogs based solely
      on their breed”

                                      4
What is Breed Specific Legislation?


  BSL is based upon the
 premise that the “breed
     or appearance
   determines a dog’s
         behavior.”
                                      5
Examples of BSL Restrictions


• Registration as Dangerous Dog with Municipality
• Micro-chipping
• Sterilization
• Additional Liability Insurance (or Dropped Insurance)
• Property Confinement
• Requiring Muzzle
• Vicious Dog Label
• Removal and Euthanasia


                                                          6
“It’s Just Pit Bulls – Right?”



                  Boerboels
                                  Alaskan Malamutes



                                   English Mastiffs




 Bull Mastiff




Italian Mastiff


                                                      7
Including…..
The Queen of England’s famous corgis




                         Previously banned in Italy !!!!


                                                           8
What is a Pit Bull?

                             “Pit Bull”




American Pit Bull Terrier    American Staffordshire Terrier   Staffordshire Bull Terrier
                                                                                       9
History of Breed Specific Legislation




                       “ownership of dogs
“dangerous dog laws”   based on the animal’s
                       prior conduct”          10
Pre “Pit Bull Paranoia”
Working Dogs Like German Shepherds, Doberman Pinchers and
Rottweiler's earned reputation as being aggressive and dangerous




                                                                   11
Prior Pit Bull reputation
Sergeant Stubby – WWI US Military Mascot




                                           Buster Brown Shoe Company Mascot - Tighe


“Petey” and the Little Rascals




                                             Devoted Family Pets

                                                                                  12
What Changed?

Strong Jaws




                Devotion




                           13
Dog Fighting




               14
Media Influence




In 1987 – 4 major magazines (Time, People, Sports Illustrated and Rolling
Stone) published negative cover stories and in-depth stories about Pit Bulls
                                                                               15
Media Frenzy
 A Labrador mix attacked a 70-year-old                   Reported in 1 article in the local paper
 man, sending him to the hospital in critical
 condition. Police officers arrived at the scene
 and the dog was shot after charging the
 officers.
Reported in 1 article in the local paper    A six-year-old boy was hospitalized after
                                            having his ear torn off and receiving a severe
                                            bite to the head by a mixed breed dog


A 16-month-old child received fatal head and          Reported in 2 articles in the local paper
neck injuries after being attacked by a mixed
breed dog

Reported in over 230 articles in national   A 59-year-old woman was attacked in her
and international publications , as well    home by two pit bulls and was hospitalized
as major television networks including      with severe, but not fatal, injuries.
CNN, Fox and MSNBC
                                                                                                  16
Where is BSL?




                17
Where is BSL?




                18
“Military Intelligence?”
Forget the legacy of Sergeant Stubby
and other decorated Military Pit Bulls




                                             19
Ohio




       20
Ohio

If a dog "belongs to
a breed that is
commonly known
as a pit bull", then it
is automatically
considered vicious
and dangerous.

                            21
There is Still Hope




                      22
The Public Debate – For BSL

Put an end to dog attacks by targeting:
   • Certain breeds of dogs that are
   “inherently viscous and dangerous”
   • Breeds that tend to appeal to people
   who are involved in criminal activity (e.g.
   drug dealers, gangs and dog fighting)
www.DogsBite.org
                                                 23
The Public Debate – Against BSL
• Does nothing to prevent or reduce dog biting incidents as all dog breeds can bite

• Makes the breed more appealing to criminals

• Does absolutely nothing to hold irresponsible owners accountable and actually punishes
responsible owners
• Discriminates against people who choose to own a particular breed of dog and punishes
those dogs that are reliable community citizens like therapy dogs and search and rescue
dogs

• Leads to some owners placing their dogs in “hiding”
• Gives the community a false sense of security

• Problematic to enforce because it requires identification of the breed often by
inexperienced local government officials
     • Website “Find the Pit Bull”
     • http://www.understand-a-bull.com/Findthebull/findpitbull_v3.html

• It is also very costly to enforce

• And finally…If pit bulls were outlawed…would the dog fighters just quietly go away?      24
Organizations That Oppose BSL
American Dog Owners Association (ADOA)
American Humane
American Kennel Club (AKC)
American Society for the Prevention of Cruelty to Animals (ASPCA)
American Veterinary Medical Association (AVMA)
American Working Dog Federation (AWDF)
Association of Pet Dog Trainers (APDT)
Best Friends Animal Society
Centers for Disease Control and Prevention (CDC).
Humane Society of the United States (HSUS)
International Assocation of Animal Behavior Consultants (IAABC)
International Association of Canine Professionals (IACP)
National Animal Control Association (NACA)
National Animal Interest Alliance (NAIA)
National Association of Dog Obedience Instructors (NADOI)



                                                                    25
P.E.T.A



“Breed specific legislation (with a grandfather clause for those dogs already in
existence) can be an important tool in ending the tragic exploitation of these
breeds.”




                                                                                   26
A Word about Statistics
Both supporters and those that oppose BSL cite statistics to defend
their argument
• www.DogsBite.org use statistics throughout their site, for example:
    • “From 2005 to 2010, pit bulls killed 104 Americans, about one citizen every
    21 days”
    • “Of these attacks, 50% involved a family member and a household pit bull”
    • “In the first 8 months of 2011, nearly half of those killed by a pit bull was the
    owner”

• Contrary to this, in a video examining BSL on current TV’s website:
    • “20 people were killed by dogs in 2009”
          • but then drew a comparison to another statistic reporting that
          approximately 2,000 children are killed each year by their parents
    • It also stated that “individuals have a one in 25 million chance of being bitten
    by a dog and a far greater chance of being struck by lightning”


                                                                                     27
A Word about Statistics
CDC Study:
“Breeds of dogs involved in fatal human
attacks in the United States between 1979
and 1998”
CDC Statement after the study’s mis-use:
“…does not identify specific breeds that are
most likely to bite or kill, and thus is not
appropriate for policy-making decisions
related to the topic.”                         28
More About Statistics

• Only account for reported bites – not in perspective with bites
that do not occur

• Do not identify bites that were “caused” at a groomers or vets

• Do not identify whether the bites were provoked by aggressive
or irresponsible human behavior

• No national registry of bite stats

• Statistics are only as good as their interpretation…who funded
the study?

                                                                    29
Constitutional Challenges


Challenges fall under the 14th amendment with concerns relating to:

• Equal Protection - State of Florida v. Peters (1988) and Vanater v.
Village of South Point (1989)

• Substantive Due Process - Sentell v. New Orleans & Carrollton R.R.
(1897) and Nicchia v. New York (1920)

• Procedural Due Process/Vagueness - American Dog Owners
Association v. City of Des Moines (1991)


                                                                        30
Denver Law and Current Status




                                31
Denver Law and Current Status
The Denver law defines a pit bull:

“Any dog that is an American Pit Bull Terrier, American
Staffordshire Terrier, Staffordshire Bull Terrier, or any dog
displaying the majority of physical traits of any one (1) or more of
the above breeds, or any dog exhibiting those distinguishing
characteristics which substantially conform to the standards
established by the American Kennel Club or United Kennel Club
for any of the above breeds."




                                                                       32
Denver Law – Law Suits


• Dias v. The City and County of Colorado –
Substantive Due Process Claim

• Grider et al v. City and County of Denver et al
- Pit Boss one of the plaintiffs




                                                    33
13 States actually Prohibit BSL




                                  34
New York State and BSL




                         35
New York State and BSL

Article 7, Section 107, Paragraph 5 of Agriculture
and Markets Law

“Nothing contained in this article shall prevent a
municipality from adopting its own program for the
control of dangerous dogs; provided, however, that
no such program shall be less stringent than this
article, and no such program shall regulate such
dogs in a manner that is specific as to breed.”




                                                     36
New York State and BSL

Three New York Communities still have BSL

• Village of Larchmont, Westchester County - Pit bull
ban effective 1998. Any previously owned pit bulls
were allowed to remain but the owner was required
to carry insurance of $500,000

• Village of Sands Point, Nassau County, LI –
Restriction requires that pit bull owners carry
$300,000 insurance

• Village of Hempstead, Nassau County, LI –
Restriction requires that pit bull owners carry
$100,000 insurance




                                                        37
Has BSL Been Successful?
• Council Bluffs, IA – BSL imposed 2005
    • Lowest Dog Bites before ban, Highest after
• San Francisco, CA – BSL imposed 2006
    • In the 18 months after BSL, Dog Bites up by 14%
• Omaha, NE – BSL imposed 2008
    • Prior to BSL, Dog Bites declined 10% and 14% in the two years prior
    • Post BSL, Bites increased 9% (at a cost of $75,000 a year)
• Toronto / Ontario Canada
    • No statistical change in the number of Dog Bites
    • 1,000+ “Pit Bull” type dogs killed and thousands of owners of similar dogs harassed
• London / England
    • Dog Bites increase in London 79% in last 5 years, Increase 43% nationally
    • $14 Million in enforcement costs
    • 2011 – Dog Control Bill working through legislation to replace BSL. Puts emphasis on
    owners not breed
• In a 2010 study by the National Canine Research Council the authors calculate
that in order to prevent a single hospitalization resulting from a dog bite, a city or
town would have to ban more than 100,000 dogs of a targeted breed
                                                                                            38
A Warning – Canine Research Study




                                    39
Alternatives to BSL
Enact and Enforce   a good non-breed specific dog law
Enforce             leash laws
Employ              significant penalties for those involved
                    in any inhumane or irresponsible
                    activity with animals
Educate             the public about responsible dog
                    ownership and dog behavior
Increase            funding for animal control agencies
Prevent             criminals from owning dogs
Regulate            breeders
Fund                spay and neuter programs
Provide             low cost obedience training classes and
                    behavioral assistance
Use                 an economic analysis tool to determine
                    the cost of a proposed BSL
                    – Best Friends                             40
41
42
“Hi, my name is Gypsy and I am just a dog”




                                             43
44

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BSL: The Debate Over Breed Specific Legislation

  • 1. Breed Specific Legislation Kim Farrow December 1, 2011 1
  • 2. How I Learned about BSL 2
  • 3. “I hold that the more helpless a creature, the more entitled it is to protection by man from the cruelty of man” - Mahatma Gandhi 3
  • 4. What is Breed Specific Legislation? “Legislation aimed at eradicating or strictly regulating dogs based solely on their breed” 4
  • 5. What is Breed Specific Legislation? BSL is based upon the premise that the “breed or appearance determines a dog’s behavior.” 5
  • 6. Examples of BSL Restrictions • Registration as Dangerous Dog with Municipality • Micro-chipping • Sterilization • Additional Liability Insurance (or Dropped Insurance) • Property Confinement • Requiring Muzzle • Vicious Dog Label • Removal and Euthanasia 6
  • 7. “It’s Just Pit Bulls – Right?” Boerboels Alaskan Malamutes English Mastiffs Bull Mastiff Italian Mastiff 7
  • 8. Including….. The Queen of England’s famous corgis Previously banned in Italy !!!! 8
  • 9. What is a Pit Bull? “Pit Bull” American Pit Bull Terrier American Staffordshire Terrier Staffordshire Bull Terrier 9
  • 10. History of Breed Specific Legislation “ownership of dogs “dangerous dog laws” based on the animal’s prior conduct” 10
  • 11. Pre “Pit Bull Paranoia” Working Dogs Like German Shepherds, Doberman Pinchers and Rottweiler's earned reputation as being aggressive and dangerous 11
  • 12. Prior Pit Bull reputation Sergeant Stubby – WWI US Military Mascot Buster Brown Shoe Company Mascot - Tighe “Petey” and the Little Rascals Devoted Family Pets 12
  • 15. Media Influence In 1987 – 4 major magazines (Time, People, Sports Illustrated and Rolling Stone) published negative cover stories and in-depth stories about Pit Bulls 15
  • 16. Media Frenzy A Labrador mix attacked a 70-year-old Reported in 1 article in the local paper man, sending him to the hospital in critical condition. Police officers arrived at the scene and the dog was shot after charging the officers. Reported in 1 article in the local paper A six-year-old boy was hospitalized after having his ear torn off and receiving a severe bite to the head by a mixed breed dog A 16-month-old child received fatal head and Reported in 2 articles in the local paper neck injuries after being attacked by a mixed breed dog Reported in over 230 articles in national A 59-year-old woman was attacked in her and international publications , as well home by two pit bulls and was hospitalized as major television networks including with severe, but not fatal, injuries. CNN, Fox and MSNBC 16
  • 19. “Military Intelligence?” Forget the legacy of Sergeant Stubby and other decorated Military Pit Bulls 19
  • 20. Ohio 20
  • 21. Ohio If a dog "belongs to a breed that is commonly known as a pit bull", then it is automatically considered vicious and dangerous. 21
  • 22. There is Still Hope 22
  • 23. The Public Debate – For BSL Put an end to dog attacks by targeting: • Certain breeds of dogs that are “inherently viscous and dangerous” • Breeds that tend to appeal to people who are involved in criminal activity (e.g. drug dealers, gangs and dog fighting) www.DogsBite.org 23
  • 24. The Public Debate – Against BSL • Does nothing to prevent or reduce dog biting incidents as all dog breeds can bite • Makes the breed more appealing to criminals • Does absolutely nothing to hold irresponsible owners accountable and actually punishes responsible owners • Discriminates against people who choose to own a particular breed of dog and punishes those dogs that are reliable community citizens like therapy dogs and search and rescue dogs • Leads to some owners placing their dogs in “hiding” • Gives the community a false sense of security • Problematic to enforce because it requires identification of the breed often by inexperienced local government officials • Website “Find the Pit Bull” • http://www.understand-a-bull.com/Findthebull/findpitbull_v3.html • It is also very costly to enforce • And finally…If pit bulls were outlawed…would the dog fighters just quietly go away? 24
  • 25. Organizations That Oppose BSL American Dog Owners Association (ADOA) American Humane American Kennel Club (AKC) American Society for the Prevention of Cruelty to Animals (ASPCA) American Veterinary Medical Association (AVMA) American Working Dog Federation (AWDF) Association of Pet Dog Trainers (APDT) Best Friends Animal Society Centers for Disease Control and Prevention (CDC). Humane Society of the United States (HSUS) International Assocation of Animal Behavior Consultants (IAABC) International Association of Canine Professionals (IACP) National Animal Control Association (NACA) National Animal Interest Alliance (NAIA) National Association of Dog Obedience Instructors (NADOI) 25
  • 26. P.E.T.A “Breed specific legislation (with a grandfather clause for those dogs already in existence) can be an important tool in ending the tragic exploitation of these breeds.” 26
  • 27. A Word about Statistics Both supporters and those that oppose BSL cite statistics to defend their argument • www.DogsBite.org use statistics throughout their site, for example: • “From 2005 to 2010, pit bulls killed 104 Americans, about one citizen every 21 days” • “Of these attacks, 50% involved a family member and a household pit bull” • “In the first 8 months of 2011, nearly half of those killed by a pit bull was the owner” • Contrary to this, in a video examining BSL on current TV’s website: • “20 people were killed by dogs in 2009” • but then drew a comparison to another statistic reporting that approximately 2,000 children are killed each year by their parents • It also stated that “individuals have a one in 25 million chance of being bitten by a dog and a far greater chance of being struck by lightning” 27
  • 28. A Word about Statistics CDC Study: “Breeds of dogs involved in fatal human attacks in the United States between 1979 and 1998” CDC Statement after the study’s mis-use: “…does not identify specific breeds that are most likely to bite or kill, and thus is not appropriate for policy-making decisions related to the topic.” 28
  • 29. More About Statistics • Only account for reported bites – not in perspective with bites that do not occur • Do not identify bites that were “caused” at a groomers or vets • Do not identify whether the bites were provoked by aggressive or irresponsible human behavior • No national registry of bite stats • Statistics are only as good as their interpretation…who funded the study? 29
  • 30. Constitutional Challenges Challenges fall under the 14th amendment with concerns relating to: • Equal Protection - State of Florida v. Peters (1988) and Vanater v. Village of South Point (1989) • Substantive Due Process - Sentell v. New Orleans & Carrollton R.R. (1897) and Nicchia v. New York (1920) • Procedural Due Process/Vagueness - American Dog Owners Association v. City of Des Moines (1991) 30
  • 31. Denver Law and Current Status 31
  • 32. Denver Law and Current Status The Denver law defines a pit bull: “Any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog displaying the majority of physical traits of any one (1) or more of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds." 32
  • 33. Denver Law – Law Suits • Dias v. The City and County of Colorado – Substantive Due Process Claim • Grider et al v. City and County of Denver et al - Pit Boss one of the plaintiffs 33
  • 34. 13 States actually Prohibit BSL 34
  • 35. New York State and BSL 35
  • 36. New York State and BSL Article 7, Section 107, Paragraph 5 of Agriculture and Markets Law “Nothing contained in this article shall prevent a municipality from adopting its own program for the control of dangerous dogs; provided, however, that no such program shall be less stringent than this article, and no such program shall regulate such dogs in a manner that is specific as to breed.” 36
  • 37. New York State and BSL Three New York Communities still have BSL • Village of Larchmont, Westchester County - Pit bull ban effective 1998. Any previously owned pit bulls were allowed to remain but the owner was required to carry insurance of $500,000 • Village of Sands Point, Nassau County, LI – Restriction requires that pit bull owners carry $300,000 insurance • Village of Hempstead, Nassau County, LI – Restriction requires that pit bull owners carry $100,000 insurance 37
  • 38. Has BSL Been Successful? • Council Bluffs, IA – BSL imposed 2005 • Lowest Dog Bites before ban, Highest after • San Francisco, CA – BSL imposed 2006 • In the 18 months after BSL, Dog Bites up by 14% • Omaha, NE – BSL imposed 2008 • Prior to BSL, Dog Bites declined 10% and 14% in the two years prior • Post BSL, Bites increased 9% (at a cost of $75,000 a year) • Toronto / Ontario Canada • No statistical change in the number of Dog Bites • 1,000+ “Pit Bull” type dogs killed and thousands of owners of similar dogs harassed • London / England • Dog Bites increase in London 79% in last 5 years, Increase 43% nationally • $14 Million in enforcement costs • 2011 – Dog Control Bill working through legislation to replace BSL. Puts emphasis on owners not breed • In a 2010 study by the National Canine Research Council the authors calculate that in order to prevent a single hospitalization resulting from a dog bite, a city or town would have to ban more than 100,000 dogs of a targeted breed 38
  • 39. A Warning – Canine Research Study 39
  • 40. Alternatives to BSL Enact and Enforce a good non-breed specific dog law Enforce leash laws Employ significant penalties for those involved in any inhumane or irresponsible activity with animals Educate the public about responsible dog ownership and dog behavior Increase funding for animal control agencies Prevent criminals from owning dogs Regulate breeders Fund spay and neuter programs Provide low cost obedience training classes and behavioral assistance Use an economic analysis tool to determine the cost of a proposed BSL – Best Friends 40
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  • 43. “Hi, my name is Gypsy and I am just a dog” 43
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