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Sunday 10 PM ET The Bull Pen
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Sunday 10 PM ET The Bull Pen
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Posted by phtasha on February 20, 2003 at 11:37:20:
This was sent to me from a friend who inhabits the Big Dog rescue list on Yahoo groups.
Educate Not Legislate"
Legislation was dealt a savage blow last week
in an historic victory for American campaigners when the Supreme
Court in Alabama ruled that there was no genetic evidence that one
breed of dog was more dangerous than another, simply because of its breed
.
Around the world, anti-BSL campaigners are rejoicing at the ruling that
drew on evidence provided by genuine canine experts, which was favoured by
the judges over subjective evidence, put forward by veterinarians and
politicians. The court ruling and the evidence used may now be legitimately
used to fight BSL in other countries such as Germany and Australia, as well
as other US States.
In the UK, the 1991 Dangerous Dogs Act could possibly be open to a direct legal challenge in the same way.
The action in Alabama was brought by the Washington Animal Foundation
(WAF) against the city of Huntsville, which had claimed that American Pit BullTerriers were genetically dangerous.
The case centered on four pit bulls held in an animal shelter and adopted by three local women. The dogs were survivors of a group of over 50 pit bulls seized in a raid on a dog-fighting ring in April 2000. Half of the dogs died from injuries or disease, whilst the remainder including four puppies - were held at the City pound and put up for adoption.
Sheila Tack, an emergency room nurse at Crestwood Hospital, adopted two of
the puppies that she named Justice and Elizabeth. Whilst they remained
impounded, she visited them twice a week.
The other puppies, David and Nellie, were adopted by Kay Nagel, a military
officers wife and resident of Redstone Arsenal, and Loyce Fisher, a civil
service worker from Cullman.
However, the City Council refused to release the dogs, stating that they were a potential danger to human beings, although none had apparently
displayed any aggression.
The matter was referred to court for a legal decision on the dogs fate.
During a hearing last year, lawyers representing the city,
Michael Fees and Greg Burgess, told Madison County Circuit Judge Joe
Battle the animals were vicious and should not be re-homed.
The women, who did not have a lawyer, argued the animals were never trained
to fight and conditioning can suppress any vicious tendencies the dogs might have.
Judge Battle agreed and on Nov 13 2001, declared the four young pit bulls were not dangerous because they were never trained to fight.
The court allowed the city to destroy 21 adult pit bulls which had been
used for fighting.
However, the City appealed Battle's ruling to the Alabama Supreme Court and asked the court for an order preventing the women from taking custody of the dogs.
At this point, Seattle-based WAF became involved in the case and appointed
Huntsville lawyer Mike Seibert to fight their case, based on evidence they
gathered to counter the City lawyers claims that all Pit Bulls were genetically dangerous.
The foundation hired veterinarian Dr. Alan Jones of Hazel Green to examine
the dogs. But the officers at the shelter do not allow anyone to have
physical contact with the pit bulls, even vet Jones.
"They looked fat and happy," he said. "They seemed starved for attention and not aggressive at all"
Glen Bui, spokesman for WAF told a local newspaper that the dogs should be released.
"I believe that the City of Huntsville is wasting thousands of taxpayers' dollars attempting to destroy innocent dogs that were already given by the
circuit court to the three women,' he said.
WAF filed an Amicus (third party) submitting genetic proof that Pit Bulls are not dangerous.
The city of Huntsville were backed by the extremist animal rights
organization PETA that Pit Bulls were genetically dangerous, with evidence
provided by veterinarians, none of whom was an expert in any specific
canine or genetic field.
WAF cited case laws under Due Process of the law, and stated that it was unconstitutional to rule a specific breed of dog as dangerous in this way.
They also claimed it was genocide to try to eradicate the pit bull breed.
WAF submitted evidence to the Supreme Court that they were able to
provide:
1. Identification of expert treatises regarding the genetics of the breed in question
2. Testing and studies regarding genetics verses environment as the
catalyst for a specific dog breeds aggression
3. Social contributions made by the American Pit Bull Terrier (i.e. as
Assistance Dogs, Search and Rescue Dogs etc.)
4. The associations brief assisted the court as it had substantial
knowledge concerning the issue before the court
5.The briefs filed by the City were insufficient to adequately address the
far reaching issues involving genetic breed bias
6. The Foundation read all briefs and believed that innocent pet owners
and innocent pets were not represented by either brief.
WAF co-founder Glen Bui told OUR DOGS this week: "The court granted WAF's
petition and allowed us seven days to file amicus curiae (disinterested
adviser). Myself along with Attorney Mike Seibert worked on the amicus long
hours into the night, while WAF members Kay Nagel and Sheila Tack proofread
and added input. It was finished with less than one hour before the
deadline to file and Sheila raced to the US post office and sent it certified mail.
"Huntsville's entire case rested on affidavits from veterinarians claiming
they examined the four pit bull pups and that they would pose a danger to
the community because pit bulls are genetically dangerous. They also
claimed the women had no legal right to adopt the pups, this was also
addressed in the amicus brief."
On Friday, August 30, the Supreme Court ruled 7-2 in WAFs favour and
ordered that the dogs should be released for adoption, accepting the
evidence but forward by WAF that no breed of dog is genetically dangerous
.
"This is fantastic news," said Bui. "The city could appeal against the
ruling, but Id like to think theyll give way and
release the dogs to their new owners so that they can enjoy a good life.
Two of them will be trained as Search and Rescue Dogs; the other two will
become pets. The pit bulls have been evaluated and temperament tested
before they are released, they are being spayed and neutered. The city did
tell the media that the dogs would be released, so lets hope they keep their word."
Bui also told OUR DOGS this week: "For years the American Pit Bull Terrier
has been alleged to be dangerous because of its genetics.
Never has WAF found any genetic research proving that. When we were asked
by three Huntsville women for help, they told us nobody else would help
them, they had contacted everyone who fights BSL. We knew the women had to
face the Supreme Court and this was a very serious case. We knew we had the
genetic proof that no breed of dog is dangerous.
"We knew we also had statistics which proved the APBT has one of the best
temperaments out of 185 dog breeds along with a strong legal defence. Being
aware that never in the past had anyone ever argued the point, after
contemplating the outcome if the women lost, I decided to bring WAF into
the case, on the last day before the deadline for filing briefs in the
Supreme Court WAF petitioned for Amicus Curiae.
"This case set a standard for future cases concerning BSL and genetics. We
put several years of research into genetics and due process. We will use
the statistics in Ohio; we have received assistance from state agencies in
Ohio to investigate the
Lucas County Dog Warden rulings on BSL in that State, as Ohio is totally
BSL-controlled. Dog owners in Ohio really could use support right now. "It
was a long battle and now we have proved the American Pit Bull terrier is
not genetically dangerous."
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