Vote Green on SB 75
-protects property rights
-enhances public safety
-saves tax dollars
Local Control?
Focusing on BEHAVIOR
of dog and owner makes
sense
Uniformity needed
Why?
Folks want to move into cities
and...
Eight South Dakota Cities
PET DOGS IMPACTED in SD
• German Shepherds
• Dobermans
• Rottweilers
• Bullmastiffs
• Presa Cana...
Consistency Is Needed
• Blue heelers were
removed from one South
Dakota city’s blacklist in
2011.
Local Governments Should Not Infringe
on Pet owners’ Property Rights
• National Survey done by
Luntz Global in
January, 20...
Breed Discrimination
1. Violates Basic Property Rights
2. Focuses on the wrong thing
3. Arbitrary
4. Expensive
5. Ineffect...
National Trend –
PROHIBIT BREED DISCRIMINATION
• 17 states including
Minnesota now have
prohibitions against breed
discrim...
ABA House of Delegates Resolution 100 -
2012
RESOLVED, That the American Bar
Association urges all state, territorial, and...
cops.usdoj.gov
U.S. Department of Justice’s
COPS Office
• Breed discriminatory
ordinances are contrary to
the tenants of c...
Dr. Kristopher J. Irizarry
• 1. Dogs of the same breed
were selected for physical
appearance that is why they
all look so ...
Every Dog is an Individual
Utah legislator, “ I’ve had a
lot of kids and I’ve owned a
lot of dogs. One thing I can
say for...
Behavioral studies
The American Temperament Test
Society ranks pit bull terriers
better than golden retrievers
or border c...
Americans with Disabilities Act
Sak v. City of Aurelia Iowa
U.S. District Court for the
Northern District of Iowa
Western ...
Safe Communities for People and Pets
• The BEST laws focus
on behavior — both owners’ behavior
and dogs’ behavior.
Reckless owners
Reckless owners should be
held accountable
- no exceptions and no
excuses
Bad owners lead to
bad dogs and ...
Journal of the American Veterinary
Medical Association 12-2013
Multiple factors involved in
dog bite related fatalities-
M...
87.6 % involved a male dog
84.4% the dog was sexually
intact
Breed could only be reliably
determined in 17.6%
JAVMA 12- 20...
Waste of Tax Dollars
• Local governments
usually don’t think of
how much animal
policies will cost to
implement
• $1 milli...
42 U.S.C. § 1983
A person states a claim under 42
U.S.C. § 1983 if he alleges that
the defendant deprived him of a
constit...
Burden of Proof
If a city enacts a breed-discriminatory
law, the city has the burden of proof.
Penal: BEYOND a reasonable ...
City of Pierre v. Blackwell
635 N.W. 2d 581 (SCt. S.D. 2001)
The city brought criminal charges, thus it needed to prove on...
There is nothing
“specific” about
breed-specific
legislation
Find the Pit Bull Pit Bull Rescue Central
www.pbrc.net
Find the Pit Bull
Alapaha Blue Blood
Bulldog
Doberman
Pinscher
Catahoula Leopard Dog Viszla Patterdale Terrier Rottweiler
...
Catahoula Show Dog Harassed
From KC Dog Blog
Doggie DNA
Shelter Medicine:
A Comparison of Visual
and DNA Identification
of Breeds of Dogs
Victoria L.
Voith, DVM, PhD, ...
AmStaf, Aussie
AmStaf, Boxer
Basset, Dalmatian,
Staffybull,
Wire Fox Terrier
•
Man wins dog
back after DNA
test proves dog
isn’t a pit bull
No genetic trait of American Staffordshire terrier or
Staffordshire bull terrier
“Pit Bull” Mixes
Intermediate amount of American Staffordshire terrier or Staffordshire bull terrier
Whippet
Dalmatian
Boxer
Sometimes State Legislators Must Act to
Protect Citizen’s Property Rights
PROPERTY RIGHTS
This is America.
Every American who
follows the right safety
rules as a responsible
dog owner should be
al...
Dog Breed Ban Bill SB 75 Presentation for South Dakota Legislature
Dog Breed Ban Bill SB 75 Presentation for South Dakota Legislature
Dog Breed Ban Bill SB 75 Presentation for South Dakota Legislature
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Dog Breed Ban Bill SB 75 Presentation for South Dakota Legislature

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Presentation given by Best Friends lobbyist Ledy VanKavage in committee testimony.

SB 75 - Dog Breed Ban Bill, prohibits use of breed-specific ordinances by municipalities.

Published in: News & Politics
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  • Many of these dogs have short hair, blocky heads, and small, rose ears, and would likely be seized in a city with a breed discriminatory ordinance. But genetically, they have no trace of “pit bull,” not one of these dogs is a descendent of an American Staffordshire Terrier or Staffordshire Bull Terrier.
  • Do these dogs look like “pit bulls” on the outside? No. But somewhere in their lineage, they were crossed with an American Staffordshire Terrier or Staffordshire Bull Terrier. Does that make them inherently dangerous? No.
  • Dog Breed Ban Bill SB 75 Presentation for South Dakota Legislature

    1. 1. Vote Green on SB 75 -protects property rights -enhances public safety -saves tax dollars
    2. 2. Local Control? Focusing on BEHAVIOR of dog and owner makes sense Uniformity needed Why? Folks want to move into cities and can’t because of their pet Neighbor v. Neighbor
    3. 3. Eight South Dakota Cities PET DOGS IMPACTED in SD • German Shepherds • Dobermans • Rottweilers • Bullmastiffs • Presa Canarios • Cane Corsos • American Pit Bull Terriers • American Staffordshire Terriers • Staffordshire Bull Terriers Mixes of those breeds
    4. 4. Consistency Is Needed • Blue heelers were removed from one South Dakota city’s blacklist in 2011.
    5. 5. Local Governments Should Not Infringe on Pet owners’ Property Rights • National Survey done by Luntz Global in January, 2014. • 84% of Americans believed that they should be able to own whatever breed of dog they choose.
    6. 6. Breed Discrimination 1. Violates Basic Property Rights 2. Focuses on the wrong thing 3. Arbitrary 4. Expensive 5. Ineffective 6. It’s not practical
    7. 7. National Trend – PROHIBIT BREED DISCRIMINATION • 17 states including Minnesota now have prohibitions against breed discrimination • The White House came out against breed discrimination on its “We the People” website
    8. 8. ABA House of Delegates Resolution 100 - 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.
    9. 9. cops.usdoj.gov U.S. Department of Justice’s COPS Office • Breed discriminatory ordinances are contrary to the tenants of community policing.
    10. 10. Dr. Kristopher J. Irizarry • 1. Dogs of the same breed were selected for physical appearance that is why they all look so similar. • 2. The physical appearance of a dog does not provide any clue as to its behavior. (Knowing a dog has a short snout and long hair doesn't give us any info on whether it is afraid of thunder storms or gets along well with cats)
    11. 11. Every Dog is an Individual Utah legislator, “ I’ve had a lot of kids and I’ve owned a lot of dogs. One thing I can say for sure is that heredity doesn’t equal behavior.”
    12. 12. Behavioral studies The American Temperament Test Society ranks pit bull terriers better than golden retrievers or border collies.
    13. 13. Americans with Disabilities Act Sak v. City of Aurelia Iowa U.S. District Court for the Northern District of Iowa Western Division 2011 WL 6826146 (N.D. Iowa 2011) Memorandum Opinion and Order Regarding Plaintiff’s Motion for Preliminary Injunction Dated December 28, 2011
    14. 14. Safe Communities for People and Pets • The BEST laws focus on behavior — both owners’ behavior and dogs’ behavior.
    15. 15. Reckless owners Reckless owners should be held accountable - no exceptions and no excuses Bad owners lead to bad dogs and that puts everyone at risk.
    16. 16. Journal of the American Veterinary Medical Association 12-2013 Multiple factors involved in dog bite related fatalities- Most factors in control of dog owners –isolation from positive family interaction, mismanagement by owners, abuse or neglect, dogs left alone with a child, etc. Co-occurrence of potentially preventable factors in 256 dog bite-related fatalities in the Unites States (2000- 2009)- JAVMA, Vol 243, No. 12, December 15, 2013
    17. 17. 87.6 % involved a male dog 84.4% the dog was sexually intact Breed could only be reliably determined in 17.6% JAVMA 12- 2013
    18. 18. Waste of Tax Dollars • Local governments usually don’t think of how much animal policies will cost to implement • $1 million if the State Implemented a breed discriminatory law
    19. 19. 42 U.S.C. § 1983 A person states a claim under 42 U.S.C. § 1983 if he alleges that the defendant deprived him of a constitutional right while acting “under color” of state law.
    20. 20. Burden of Proof If a city enacts a breed-discriminatory law, the city has the burden of proof. Penal: BEYOND a reasonable doubt Civil: Preponderance of evidence
    21. 21. City of Pierre v. Blackwell 635 N.W. 2d 581 (SCt. S.D. 2001) The city brought criminal charges, thus it needed to prove one of the elements, that the dog was dangerous beyond a reasonable doubt. Both sides presented evidence of the “dangerousness” of the dog at trial, but the court did not make an independent assessment of the evidence. It relied solely on the finding of the animal control officer. There was no independent determination of “dangerous” by a neutral judicial officer as a part of the criminal proceeding. The court goes on to discuss that this would have failed a procedural due process claim in the civil context, too, without exigent circumstances. Here, the court just reviewed the animal control officer’s decision for legality and due process was not satisfied.
    22. 22. There is nothing “specific” about breed-specific legislation
    23. 23. Find the Pit Bull Pit Bull Rescue Central www.pbrc.net
    24. 24. Find the Pit Bull 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 Pit Bull Rescue Central www.pbrc.net
    25. 25. Catahoula Show Dog Harassed From KC Dog Blog
    26. 26. Doggie DNA 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.
    27. 27. AmStaf, Aussie AmStaf, Boxer Basset, Dalmatian, Staffybull, Wire Fox Terrier
    28. 28. • Man wins dog back after DNA test proves dog isn’t a pit bull
    29. 29. No genetic trait of American Staffordshire terrier or Staffordshire bull terrier
    30. 30. “Pit Bull” Mixes Intermediate amount of American Staffordshire terrier or Staffordshire bull terrier
    31. 31. Whippet Dalmatian Boxer
    32. 32. Sometimes State Legislators Must Act to Protect Citizen’s Property Rights
    33. 33. PROPERTY RIGHTS This is America. Every American who follows the right safety rules as a responsible dog owner should be allowed to own whatever breed of dog they choose- it’s that simple. .
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