Why breed- based laws (BDL/BSL) are the wrong choice for your community: What kind of dog is that anyhow?

Why breed- based laws (BDL/BSL) are the wrong choice for your community: What kind of dog is that anyhow?

Lee Greenwood, Esq. Legislative Attorney Best Friends Animal Society leeg@bestfriends.org Gork Legislative Assistant

Breed Discriminatory Laws: BDL=BSL Problems Policy Legality Enforcement LG

There are over 80 million dogs in the U.S.

U.S. fatalities per year 1. Swimming pools: 3000 2. Lightning strikes: 50 3. Dog bites: around 2 dozen

What is BDL/BSL and why should we care?

Ban Automatic dangerous or vicious or wild animal Regulations Extra insurance Muzzling Fencing Mandatory spay/neuter Obedience classes Variety of BDL/BSL

Discrimination = Un- American

National survey results 84 percent of Americans Source: 2014 Luntz Global Omnibus Poll

What gets us into trouble is not what we don t know, it s what we know for sure that just ain t so. Mark Twain lv

Fighting breed discrimination 1. Violates basic property rights 2. Ineffective 3. Expensiveto enforce

Property rights violation

The simple truth is breed is not a factor in bites.

Journal of the American Veterinary Medical Association (JAVMA) Multiple factors in dog- bite- related fatalities Most are under the control of dog owners Isolation from positive family interaction (i.e., socialization) Abuse or neglect Dog left alone with a child, etc. Co- occurrence of potentially preventable factors in 256 dog- bite- related fatalities in the United States (2000-2009). JAVMA, Vol. 243, No. 12, December 15, 2013.

87.6%: involved a male dog 84.4%: the dog was sexually intact Breed could only be reliably determined in 17.6% of cases. JAVMA 12-2013

Fiscal Impact Calculator: What s the cost? bestfriends.guerrillaeconomics.net

The National Trend: AWAY FROM BDL

Delaware becomes #21!!!

ABA House of Delegates Resolution (2012) RESOLVED, That the American Bar Association urges all state, territorial, and local legislative bodies and governmental agencies to adopt comprehensive breed- neutral dangerous dog/reckless owner laws that ensure due process protections for owners, encourage responsible pet ownership and focus on the behavior of both dog owners and dogs, and to repeal any breed- discriminatory or breed- specific provisions.

Organizations opposed to BDL National Animal Care and Control Association (NACA) American Veterinary Medical Association (AVMA) Centers for Disease Control and Prevention (CDC) The White House The American Kennel Club The United Kennel Club The American Dog Breeders Association Best Friends Animal Society ASPCA And many, many more

Legal Problems

Police Powers Dog Regulations State Police Powers Municipalities

The Basics Dogs = Property Barky the Dog My Ikea Chair

BDL/BSL in court Nelson v. Town of New Llano, No. 2:14- cv- 803 (W.D. La 2014) Pit bull ban challenged in Federal Court (W.D La) Court issued a preliminary injunction for the Nelsons, finding there was a substantial likelihood of success on the merits, a substantial threat of irreparable harm if the injunction is not granted; that the threat of injury outweighs any harm the injunction would cause and that the injunction will not disturb public interest

New Llano (continued) Constitutional Challenges Procedural due process 1. No right to a hearing to challenge the findings 2. Impermissible $200 pay to play provision Vagueness 1. Law s definition of pit bull was vague a. predominately vs. of 2. Visual identification a. Inherently flawed and no guidance on identifying breeds 3. DNA

Clay, Alabama City passes pit bull ban with criminal penalties Grandfather clause for current owners, with restrictions: muzzles, extra insurance, signage No new pit bulls permitted Subsection (J): There shall be an irrebuttable presumption that any dog registered is in fact a dog subject to the requirements of this section. July 2013: lawsuit challenging the ordinance in Jefferson County Circuit court : Schreiner v. City of Clay LG

Clay, AL (continued) Ordinance struck down as unconstitutional 1. Substantive Due Process violation a. Law not Rationally Related to the stated government interest 2. Procedural Due Process violation a. Irrebuttable presumption violates 14 th Amendment guarantees b. Clay must be required to prove each element of the offense charged beyond a reasonable doubt and that burden should never be shifted to the accused" LG

What Changed? Same/similar laws, different outcomes WHY? Science/research/data Societal attitudes Less judicial deference for dirty data LG

Breed Identification Shelter Medicine: A Comparison of Visual and DNA Identification of Breeds of Dogs Victoria L. Voith, DVM, PhD, DACVB, College of Veterinary Medicine, Western University of Health Sciences In 87.5% of the adopted dogs, breeds were identified by DNA analyses that were not proposed by the adoption agencies. lv

Visual Identification, Mixed Breeds Inherently flawed = Guessing game lv

1965 Scott & Fuller Study lv

Find the Pit Bull Pit Bull Rescue Central www.pbrc.net

Find the Pit Bull Pit Bull Rescue Central www.pbrc.net Alapaha Blue Blood Bulldog Doberman Pinscher Catahoula Leopard Dog Viszla Patterdale Terrier Rottweiler Dogue de Bordeaux English Bulldog Olde English Bulldogge Bull Terrier Cane Corso Black Mouth Cur Boxer American Bulldog American Pit Bull Terrier Bullmastiff Fila Brasileiro Tosa Inu Dogo Argentino Greater Swiss Mountain Dog Ca De Bou Boerboel Thai Ridgeback Jack Russell Terrier

No genetic trait of American Staffordshire terrier or Staffordshire bull terrier

Pit Bull Mixes Some American Staffordshire terrier or Staffordshire bull terrier

One Last Guessing Game Whippet Dalmatian Boxer

Tennessee and BDL/BSL Nearly 3 dozen communities

WHY???

Municipal Technical Advisory Service (MTAS) Established 1949 by TN legislature Agency of UT in collaboration with TN Municipal League we leverage the resources of the university to improve the lives of the people of Tennessee with technical consulting, research and training for municipal governments.

MTAS Model Ordinance WHEREAS, the characteristics selectively bred into or otherwise commonly found in those dogs include: A strong fighting instinct, together with a low level of fighting inhibitions which make pit bulls a hazard to humans as well as other animals A strong chase instinct which, experts believe, causes pit bulls to be a danger around running children A tendency to attack even those who exhibit no provocative behavior A diminished tendency to bark, growl, or otherwise warn their prey of an intent to attack A tendency to fight to the death and never quit a fight once engaged, which results in more severe injuries than those inflicted by other breeds The ability to withstand great pain, which makes it difficult for a person or animal to fight off a pit bull attack Powerful jaws capable of hanging on to victims even while the animal withstands infliction of injury or pain A tendency to tear flesh, which has resulted in grotesque injuries to human victims A combination of agility, stamina, and strength, together with a genetic predisposition to aggressiveness, that makes pit bulls uniquely dangerous, even to their owners, among all breeds of dogs, especially where improperly raised or trained

Doh!

We re here to help you

What Works? Focus on the BEHAVIOR of the OWNER AND the BEHAVIOR of the DOG

ü Restrain and Restrict Dangerous Dogs Leash Laws

Comprehensive Breed Neutral Dangerous Dog Laws Illinois Animal Control Act Behavior based Potentially dangerous dog (targets packs of unsterilized dogs running at large) Dangerous Dog Vicious dog http://www.ilga.gov

Idaho Dangerous and At- Risk Dog Act Idaho Code Ann. 25-2809- 10 Breed- neutral Broad definition of justified provocation perform any act or omission that a reasonable person with common knowledge of dog behavior would conclude is likely to precipitate a bite or attack by an ordinary dog at- risk (step below dangerous designation) any dog that without justified provocation bites a person without causing a serious injury as defined in this section.

Reckless pet owners South Bend, IN Habitual Offender Ordinance Skokie, IL Prevents problem owners from owning pets for a period of time. Illinois & Ohio Prevents convicted felons from owning unsterilized dogs for a period of time after incarceration.

Contact Lee Greenwood leeg@bestfriends.org