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Thursday, January 3, 2008
Are pit bull restrictions a question for the US Supreme Court?
Proponent of Pit Bulls Seeks High Court Test
In a desperate act, former Toledoan Paul Tellings has taken his fight against the city's pit bull ordinance to the U.S. Supreme Court, challenging its constitutionality as a "breed-specific" law because it allows only one of those types of dogs per household.
DogsBite.org says, "Have at it! If the US Supreme Court doesn't turn down the request, it will uphold the Ohio State Supreme Court, which planted Tellings outside of Toledo because he refused to abide by the law.
Lucas County Dog Warden, Tom Skeldon is unfazed by Tellings recent announcement. In fact, he's drafting additional legislation (to be implemented by April 2008) that requires all pit bulls over the age of 6 months old to be spayed or neutered. Unlike other Ohio cities, who have outright banned pit bull ownership, Toledo places restrictions on these dog owners.Labels: Constitutional
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posted by bitbypit | permalink |
3 comments
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3 comments:
Mere fundraising excerise by the Pit lobby since this issue is already settled law!
In Sentell v. New Orleans & Carrollton Railroad, 166 U.S. 698, 702 (1897), the U.S. Supreme Court declared that “even if it were assumed that dogs are property in the fullest sense of the word, they would still be subject to the police power of the state and might be destroyed or otherwise dealt with as in the judgment of the legislature is necessary for the protection of its citizens.”
Additionally, the US Southern District Court found in Vanater v. Village of South Point, 717 F. Supp. 1236 (S.D. Ohio 1989)... "The Court finds that the Ordinance is a reasonable response to the special threat presented by the Pit Bull dog breed based upon their phenotypical characteristics and the traits which have been bred into the breed by their owners in order that the animals may suit the purposes of their owners. The evidence indicates that Pit Bulls possess the inherent characteristics of exceptional aggression, athleticism, strength, viciousness and unpredictability which are unique to the breed; they possess an extraordinary fighting temperament and have been shown to be the most tenacious dog of any breed; they have a history of unpredictably and instantaneously attacking in a berserk and frenzied rage and have the ability to inflict significant damage upon their victims. While this description is not true of every Pit Bull, the Court must defer to the legislature's consideration of the conflicting positions. This Court should not substitute its judgment for the reasoned findings and decision of the Village of South Point Council."
I'm sure the fact that Mr Telling's chosen breeds of dogs have killed 22 Americans in 2007 will help his case...
by
1/03/2008 4:44 AM | Flag as abusive
You Rock!
Have you read this nifty post?
http://tinyurl.com/2tq343
by
1/06/2008 2:12 AM | Flag as abusive
by
1/10/2008 1:03 PM | Flag as abusive
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