Tag Archives: lawsuit

Gold Coast, NSW, Australia: BSL sparks lawsuit

In April 2010, the owners of an American Staffordshire Terrier named Tango were told that their dog was a banned “pit bull.” Tango had not behaved badly–he was just guilty of looking like a “bad dog.”

Tango’s owners spent $500,000 in their effort to prove that their dog was an American Staffordshire Terrier, not an American Pit Bull Terrier. The court ultimately accepted that their dog was an American Staffordshire Terrier, then ruled that AmStaffs were “pit bulls,” and therefore the dog was banned. Tango was at risk for being killed by the city, so he was relocated.

In September 2010, the local goverment issued a clarification that AmStaffs were not banned “pit bulls.” This meant that Tango and other AmStaffs were allowed to be registered in Gold Coast again. Tango’s owners intend to sue Gold Coast in order to recoup their expenses.

All alerts for Gold Coast: http://stopbsl.com/?s=gold+coast

Dogfight continues despite freedom

Jessica Johnston | November 10th, 2010

[...]Tango’s owners John Mokomoko and Kylie Chivers plan to sue the Gold Coast City Council to recover the $500,000 they have spent proving their dog’s breed.[...]

”We’ve spent over $40,000 in kennel fees alone and we didn’t break the law.”[...]

She said they would be attempting to recover costs from Council for the botched banishment.

”They owe us… for six years AmStaffs were allowed to live here, he was registered, desexed, microchipped.

”They really singled us out.”[...]

Full article retrieved 11/10/10 from http://www.goldcoast.com.au/article/2010/11/10/269731_gold-coast-news.html

Denver and Aurora, CO: Disabled vets file discrimination suit due to “pit bull” bans

Update 4/4: Great article on the importance of service dogs to veterans: http://www.nytimes.com/2010/04/04/us/04dogs.html

Note that one veteran’s dog was seized after being misidentified as a “pit bull.”

Pit bull ban: Disabled Vietnam, Gulf War vets sue Denver and Aurora for discriminating against their service dogs

By J. David McSwane, Wednesday, Mar. 31 2010 @ 3:46PM

A federal class-action suit involving disabled Coloradans — two war veterans with psychological disorders — and their service animals was filed Tuesday against Aurora, the City and County of Denver and its head of Animal Control.

The two veterans, and another disabled woman from out of state, say Denver’s controversial pit-bull ban doesn’t make exceptions for service dogs and their owners and is therefore a violation of the Americans with Disabilities Act.[...]

Read the lawsuit here.

Article retrieved 4/1/10 from http://blogs.westword.com/latestword/2010/03/pit_bull_ban_disabled_vietnam.php

Lakewood, OH: Lawsuit filed against city due to “pit bull” ban

Read a copy of the suit filed in Cuyahoga County, Ohio Common Pleas Court: http://www.lovelakewood.com/pdf/dog/100319_pitbull_court.pdf

An excerpt of the case (visit the link for the full post):

http://www.lovelakewood.com/blog/2010/03/30/citys-enforcement-of-pit-bull-ban-draws-lawsuit/

Former Lakewood resident Leonard Shelton alleges that he suffered “economic damages, psychological damages, and other compensatory damages” when the city harassed him about Rosco, his Boston Terrier mix, and forced them both to move out of the city. Shelton is seeking a minimum of $475,000 in damages.

According to Shelton’s complaint, Stewart and Lakewood police officer Kenneth Kulczycki stopped him on the street in April, 2009, and told him his pet was a pit bull and needed to be removed from the city, or else he would face criminal charges.

[...] Shelton’s complaint against the city says its inability to correctly identify the breed of his dog, the harassment, and refusal to accept DNA proof was motivated by “among other things, malice, ill will, discrimination, and bad faith and constitutes violations of [his] constitutional rights.”

Additional posts and info about Leonard Shelton:

http://btoellner.typepad.com/kcdogblog/2009/05/bsl-again-affecting-good-owners.html

http://www.clevescene.com/cleveland/leonard-shelton-fought-in-the-marines-for-20-years-now-he-fights-for-sleep/Content?oid=1505838

Queensland/Gold Coast, Australia: The pit bull is the usual suspect

Visit the link below to read a lengthy but interesting article on the effects of the breed ban in Australia, featuring two major problems: breed identification and expense to enforce (lawsuits).

http://www.theaustralian.com.au/news/features/the-pit-bull-is-the-usual-suspect/story-e6frg8h6-1225804507090

The pit bull is the usual suspect

Sioux City, IA: Dog owners go to court against dangerous dog ordinance

‘It’s just a bad law’: Six owners take their fight to court

Molly Montag – mmontag@siouxcityjournal.com
Posted: Saturday, October 10, 2009 10:30 pm

SIOUX CITY — [...] The Clouds, along with at least five other dog owners, have recently filed civil suits in Woodbury County District Court against the City of Sioux City to overturn the vicious designations and spare their animals from being euthanized.

In March 2008, councilman unanimously approved an ordinance that essentially says dogs should be euthanized if they bite someone and are declared vicious. Dog owners are responsible for paying for the euthanasia and, unlike in the past, they do not have the option of moving their dogs to a home outside Sioux City.

The lawsuits claim city officials who upheld the dogs’ vicious designations during hearings and earlier appeals acted arbitrarily, wrongfully believing they didn’t have any discretion when making those decisions. [...]

Full article retrieved 10/12/09 from http://www.siouxcityjournal.com/news/local/article_58826d31-423b-5620-a4ad-a0a85e85dfed.html