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Posted by Snakey on February 20, 2003 at 21:05:28:
In Reply to: BSL gets defeated in Alabama 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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