Breed Specific Legislation    Kim FarrowDecember 1, 2011                             1
How I Learned about BSL                          2
“I hold that the morehelpless a creature, the  more entitled it is toprotection by man from  the cruelty of man”         -...
What is Breed Specific Legislation?   “Legislation aimed at   eradicating or strictlyregulating dogs based solely      on ...
What is Breed Specific Legislation?  BSL is based upon the premise that the “breed     or appearance   determines a dog’s ...
Examples of BSL Restrictions• Registration as Dangerous Dog with Municipality• Micro-chipping• Sterilization• Additional L...
“It’s Just Pit Bulls – Right?”                  Boerboels                                  Alaskan Malamutes              ...
Including…..The Queen of England’s famous corgis                         Previously banned in Italy !!!!                  ...
What is a Pit Bull?                             “Pit Bull”American Pit Bull Terrier    American Staffordshire Terrier   St...
History of Breed Specific Legislation                       “ownership of dogs“dangerous dog laws”   based on the animal’s...
Pre “Pit Bull Paranoia”Working Dogs Like German Shepherds, Doberman Pinchers andRottweilers earned reputation as being agg...
Prior Pit Bull reputationSergeant Stubby – WWI US Military Mascot                                           Buster Brown S...
What Changed?Strong Jaws                Devotion                           13
Dog Fighting               14
Media InfluenceIn 1987 – 4 major magazines (Time, People, Sports Illustrated and RollingStone) published negative cover st...
Media Frenzy A Labrador mix attacked a 70-year-old                   Reported in 1 article in the local paper man, sending...
Where is BSL?                17
Where is BSL?                18
“Military Intelligence?”Forget the legacy of Sergeant Stubbyand other decorated Military Pit Bulls                        ...
Ohio       20
OhioIf a dog "belongs toa breed that iscommonly knownas a pit bull", then itis automaticallyconsidered viciousand dangerou...
There is Still Hope                      22
The Public Debate – For BSLPut an end to dog attacks by targeting:   • Certain breeds of dogs that are   “inherently visco...
The Public Debate – Against BSL• Does nothing to prevent or reduce dog biting incidents as all dog breeds can bite• Makes ...
Organizations That Oppose BSLAmerican Dog Owners Association (ADOA)American HumaneAmerican Kennel Club (AKC)American Socie...
P.E.T.A“Breed specific legislation (with a grandfather clause for those dogs already inexistence) can be an important tool...
A Word about StatisticsBoth supporters and those that oppose BSL cite statistics to defendtheir argument• www.DogsBite.org...
A Word about StatisticsCDC Study:“Breeds of dogs involved in fatal humanattacks in the United States between 1979and 1998”...
More About Statistics• Only account for reported bites – not in perspective with bitesthat do not occur• Do not identify b...
Constitutional ChallengesChallenges fall under the 14th amendment with concerns relating to:• Equal Protection - State of ...
Denver Law and Current Status                                31
Denver Law and Current StatusThe Denver law defines a pit bull:“Any dog that is an American Pit Bull Terrier, AmericanStaf...
Denver Law – Law Suits• Dias v. The City and County of Colorado –Substantive Due Process Claim• Grider et al v. City and C...
13 States actually Prohibit BSL                                  34
New York State and BSL                         35
New York State and BSLArticle 7, Section 107, Paragraph 5 of Agricultureand Markets Law“Nothing contained in this article ...
New York State and BSLThree New York Communities still have BSL• Village of Larchmont, Westchester County - Pit bullban ef...
Has BSL Been Successful?• Council Bluffs, IA – BSL imposed 2005    • Lowest Dog Bites before ban, Highest after• San Franc...
A Warning – Canine Research Study                                    39
Alternatives to BSLEnact and Enforce   a good non-breed specific dog lawEnforce             leash lawsEmploy              ...
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“Hi, my name is Gypsy and I am just a dog”                                             43
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Breed Specific Legislation by Kim Farrow - 2011

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Breed Specific Legislation by Kim Farrow - 2011

  1. 1. Breed Specific Legislation Kim FarrowDecember 1, 2011 1
  2. 2. How I Learned about BSL 2
  3. 3. “I hold that the morehelpless a creature, the more entitled it is toprotection by man from the cruelty of man” - Mahatma Gandhi 3
  4. 4. What is Breed Specific Legislation? “Legislation aimed at eradicating or strictlyregulating dogs based solely on their breed” 4
  5. 5. What is Breed Specific Legislation? BSL is based upon the premise that the “breed or appearance determines a dog’s behavior.” 5
  6. 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. 7. “It’s Just Pit Bulls – Right?” Boerboels Alaskan Malamutes English Mastiffs Bull MastiffItalian Mastiff 7
  8. 8. Including…..The Queen of England’s famous corgis Previously banned in Italy !!!! 8
  9. 9. What is a Pit Bull? “Pit Bull”American Pit Bull Terrier American Staffordshire Terrier Staffordshire Bull Terrier 9
  10. 10. History of Breed Specific Legislation “ownership of dogs“dangerous dog laws” based on the animal’s prior conduct” 10
  11. 11. Pre “Pit Bull Paranoia”Working Dogs Like German Shepherds, Doberman Pinchers andRottweilers earned reputation as being aggressive and dangerous 11
  12. 12. Prior Pit Bull reputationSergeant Stubby – WWI US Military Mascot Buster Brown Shoe Company Mascot - Tighe“Petey” and the Little Rascals Devoted Family Pets 12
  13. 13. What Changed?Strong Jaws Devotion 13
  14. 14. Dog Fighting 14
  15. 15. Media InfluenceIn 1987 – 4 major magazines (Time, People, Sports Illustrated and RollingStone) published negative cover stories and in-depth stories about Pit Bulls 15
  16. 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 dogA 16-month-old child received fatal head and Reported in 2 articles in the local paperneck injuries after being attacked by a mixedbreed dogReported in over 230 articles in national A 59-year-old woman was attacked in herand international publications , as well home by two pit bulls and was hospitalizedas major television networks including with severe, but not fatal, injuries.CNN, Fox and MSNBC 16
  17. 17. Where is BSL? 17
  18. 18. Where is BSL? 18
  19. 19. “Military Intelligence?”Forget the legacy of Sergeant Stubbyand other decorated Military Pit Bulls 19
  20. 20. Ohio 20
  21. 21. OhioIf a dog "belongs toa breed that iscommonly knownas a pit bull", then itis automaticallyconsidered viciousand dangerous. 21
  22. 22. There is Still Hope 22
  23. 23. The Public Debate – For BSLPut 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. 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 punishesresponsible owners• Discriminates against people who choose to own a particular breed of dog and punishesthose dogs that are reliable community citizens like therapy dogs and search and rescuedogs• 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 byinexperienced 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. 25. Organizations That Oppose BSLAmerican Dog Owners Association (ADOA)American HumaneAmerican 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 SocietyCenters 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. 26. P.E.T.A“Breed specific legislation (with a grandfather clause for those dogs already inexistence) can be an important tool in ending the tragic exploitation of thesebreeds.” 26
  27. 27. A Word about StatisticsBoth supporters and those that oppose BSL cite statistics to defendtheir 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. 28. A Word about StatisticsCDC Study:“Breeds of dogs involved in fatal humanattacks in the United States between 1979and 1998”CDC Statement after the study’s mis-use:“…does not identify specific breeds that aremost likely to bite or kill, and thus is notappropriate for policy-making decisionsrelated to the topic.” 28
  29. 29. More About Statistics• Only account for reported bites – not in perspective with bitesthat do not occur• Do not identify bites that were “caused” at a groomers or vets• Do not identify whether the bites were provoked by aggressiveor irresponsible human behavior• No national registry of bite stats• Statistics are only as good as their interpretation…who fundedthe study? 29
  30. 30. Constitutional ChallengesChallenges 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 OwnersAssociation v. City of Des Moines (1991) 30
  31. 31. Denver Law and Current Status 31
  32. 32. Denver Law and Current StatusThe Denver law defines a pit bull:“Any dog that is an American Pit Bull Terrier, AmericanStaffordshire Terrier, Staffordshire Bull Terrier, or any dogdisplaying the majority of physical traits of any one (1) or more ofthe above breeds, or any dog exhibiting those distinguishingcharacteristics which substantially conform to the standardsestablished by the American Kennel Club or United Kennel Clubfor any of the above breeds." 32
  33. 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. 34. 13 States actually Prohibit BSL 34
  35. 35. New York State and BSL 35
  36. 36. New York State and BSLArticle 7, Section 107, Paragraph 5 of Agricultureand Markets Law“Nothing contained in this article shall prevent amunicipality from adopting its own program for thecontrol of dangerous dogs; provided, however, thatno such program shall be less stringent than thisarticle, and no such program shall regulate suchdogs in a manner that is specific as to breed.” 36
  37. 37. New York State and BSLThree New York Communities still have BSL• Village of Larchmont, Westchester County - Pit bullban effective 1998. Any previously owned pit bullswere allowed to remain but the owner was requiredto 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. 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 calculatethat in order to prevent a single hospitalization resulting from a dog bite, a city ortown would have to ban more than 100,000 dogs of a targeted breed 38
  39. 39. A Warning – Canine Research Study 39
  40. 40. Alternatives to BSLEnact and Enforce a good non-breed specific dog lawEnforce leash lawsEmploy significant penalties for those involved in any inhumane or irresponsible activity with animalsEducate the public about responsible dog ownership and dog behaviorIncrease funding for animal control agenciesPrevent criminals from owning dogsRegulate breedersFund spay and neuter programsProvide low cost obedience training classes and behavioral assistanceUse an economic analysis tool to determine the cost of a proposed BSL – Best Friends 40
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  43. 43. “Hi, my name is Gypsy and I am just a dog” 43
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