Tag Archives: dogo argentino

Georgia bill to prohibit breed discriminatory laws moves forward

A bill that was introduced in the Georgia state legislature would prohibit breed discriminatory laws on the state level.

SB 184 is a relatively simple bill.  It would amend the current dangerous dog law to include the following language:

“Notwithstanding the provisions of Code Section 4-8-1, no county, municipality, or local 12 authority shall adopt any ordinance or resolution for the regulation of domestic dogs that 13 classifies based on breed.

Most importantly, the bill expressly includes language that would repeal all existing breed discriminatory laws.

Last week, SB 184 cleared the Senate and moved on to the House.  The vote of 42-11 was a decisive victory for the bill.  SB 184 has been assigned to the House Government Affairs committee.

There is a companion bill in the House, HB 124.  This bill is identical in its language to SB 184.  This bill has cleared the second reading and is moving to the Senate side.  The fact that these bills have cleared the sides of the legislature that they started on is a very good sign.  There is support for the end of breed discriminatory laws on both sides.

The passage of these bills would be a huge step.  We do not see a lot of southern states taking on the issue of breed discriminatory laws and BDL seems to be more common in the south than in the north and west percentage wise.  Not only would this bill protect the rights of residents, it would also have a huge impact on the surrounding states and open the door to consideration of similar bills in the surrounding area.

GEORGIA RESIDENTS:  It is imperative that you continue to reach out to express support for this bill.  Take the time to write your Representative a note of support for SB 184.  A list of members of the House can be found here: http://www.house.ga.gov/Representatives/en-US/HouseMembersList.aspx

You can find your specific Representative here: http://openstates.org/find_your_legislator/

The contact information for the House Government affairs committee is as follows:
Rep. Ed Rynders, Chair:  ed.rynders@house.ga.gov
Rep. Buzz Brockway,: buzz.brockway@house.ga.gov
Rep. Tyrone Brooks:  tyrone.brooks@house.ga.gov
Rep. Barry Fleming: barry.fleming@house.ga.gov
Rep. Hugh Floyd:  hugh.floyd@house.ga.gov
Rep. Mark Hamilton:  mark.hamilton@house.ga.gov
Rep. Dustin Hightower: dustin.hightower@house.ga.gov
Rep. Rusty Kidd:  rusty.kidd@house.ga.gov
Rep. Eddie Lumsden: eddie.lumsden@house.ga.gov
Rep. John Meadows:  john.meadows@house.ga.gov
Rep. Howard Mosby:  howard.mosby@house.ga.gov
Rep. Mary Margaret Oliver: mary.oliver@house.ga.gov
Rep. Larry O’Neal:  larry.oneal@house.ga.gov
Rep. Alan Powell:  alan.powell@house.ga.gov
Rep. Jay Powell:  jay.powell@house.ga.gov
Rep. Tom Taylor:  tom.taylor@house.ga.gov
Rep. Darlene K. Taylor:  darlene.taylor@house.ga.gov
Rep. Bruce Williamson: bruce.williamson@house.ga.gov

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Missouri HB 1116 to prohibit breed discrimination on the state level passes committee

A bill in Missouri that would prohibit municipalities from enacting breed discriminatory laws has been heard by the House judiciary Committee.

HB 1116 is very simple.  The bill seeks to add an amendment to the current state code that reads: “273.195. Nothing in this chapter shall be construed to limit in any manner the authority of any village, town, or city to prohibit dogs from running at large or to further control or regulate dogs within its boundaries; provided that, no such ordinances, orders, policies, or regulations are specific to breed.”

Missouri HB 1116 has been passed out of the House Judiciary Committee.   The committee voted 13-2 for the bill.  HB 1116 now goes to the full house for a vote.    If it passes the full House, the bill will move to the Senate side, where it will go through the same process of committees and hearings by the Senate.  If it passes the full Senate the bill will then need to be signed by the Governor.

The legislative process is a long one, but it is important that residents continue to contact their Senators and Representatives expressing support for this bill.

There is currently no date set for the next reading.

Some have said that there are some legislators who have received correspondence against the bill, so it is important that those residents that support the bill reach out to their legislators and ask them to support it as well.

Missouri residents can find their specific legislators in the Senate here.  House representatives can be found here.

This post has been edited to reflect that there is no second committee hearing, as was reported by a local organization.  The bill is moving to the full House so residents should contact their Representatives to ask them to support this bill.

Georgia state level concerns

The issue of Georgia and what is happening there has been very much the topic of conversation recently.

At this point in time, there is no chance of a breed discriminatory law being introduced on the state level for the 2014 legislative session.  The deadline for filing bills has passed, and since nothing has been filed, the issue is not of concern for this year.

There is a long past to the issue of a potential breed discriminatory law in Georgia.  Most recently, the issue we are seeing with Representative Waites has taken some strange turns.

In early 2013, a very young child crawled out of their home and was attacked by seven dogs.  The two-year old child crawled out of a dog door, while unsupervised and as a result, died.

Rep. Waites had some contact with the family of this particular victim, and the conversation about breed discriminatory laws began.  Local advocates were quick to act, meeting with Rep. Waites to both oppose the idea of any breed discriminatory laws, as well as to offer help is crafting breed neutral laws.

The initial discovery was that, as is typical with many legislators, there was very little understanding of what dangerous dog laws need to contain in order to be effective.  It is not uncommon that those who seek to make these laws know little about them.  It is not something that many people deal with on a daily basis.  This is why it is important that legislators hear from those who are well versed in the civil, criminal and constitutional issues of dangerous dog laws.

What we do see with some legislators when dealing with breed discriminatory issues, is usually a base line understanding of which dogs are typically targeted.  We have been told that the Representative did not know that her own dog was considered to be dangerous in many locations, by insurance companies and designated as rescue only by an organization in her own district.

The results of these preliminary conversations were that the Rep. said she would no longer pursue a breed discriminatory law.  A note on Rep, Waites’ Facebook page from late April 2013, states that any law would be breed neutral.

From the note:

“Instead of proposing an all-out ban of dangerous dogs or on pit bulls, which could be seen as infringing on the individual freedoms of responsible pet owners across the state, I am merely proposing that those who choose to own violent and dangerous animals that have a history of violence be held responsible, considering the type of damage these animals are capable of inflicting,” said Rep. Waites. “While I am very committed to the passage of comprehensive dangerous dog legislation, I am also interest in ensuring that responsible pet owners are not unfairly targeted.” 

“I don’t think outlawing pit bulls is the way to go. However, there must be stronger laws on the books governing attacks by aggressive dogs, and stiff penalties to go with them for the owners of the dogs.   When people start seeing dog owners go to jail for irresponsible behavior, they’ll start thinking twice about keeping a potentially dangerous animal for a pet,” Added Rep. Waites.”

This line of discussion continued through June of 2013.  It wasn’t until the mother of another young child that was killed while unsupervised approached Rep. Waites that the conversation about breed discriminatory laws began again.

There are two videos on the Representative’s Facebook page.  The first, from December 12th 2013, is one where Rep. Waites has a conversation with the mother of the second victim from 2013.   During this, the Representative states very clearly that she wants to seek “bully breed” legislation on the state level.

The latest official statement made is from February 2014 video in which Rep. Waites addressing the House with a statement.  In this statement she urges the House to pass a law that would make the breeding of “pit bull animals to only licensed holders.”  This is language used frequently when a breed discriminatory mandatory spay neuter law is being discussed.  We have been told that the Representative has said on numerous occasions, even directly after saying she was in opposition to a breed discriminatory law, that a breed discriminatory mandatory spay/neuter law was of interest.  She seemed to have a particular interest in breeders specifically in these conversations.

She also states in this video that “every day a child is fatally injured by animals that were simply never ever meant to be pets.”  Not only is this statement a clear indicator of the personal bias involved in this, but it is also a complete falsehood.  Each year there are roughly 30 fatal attacks by dogs.  This number has remained steady despite both the rise in the human population and the rise in the dog population.  While each situation is tragic, there are numerous co-occurring factors involved in fatal attacks, but the breed or type of the dog is not one of them, shown once again by the latest peer-reviewed study published by the JAVMA.

This statement was accompanied by a rally, attended by roughly 15 people, including out-of-state interests.

The situation will continue to be monitored.  It has been made clear that the legislative desired of Rep. Waites changes depending on who is being spoken to, so only time will tell what, if any, actual action will be taken in the 2015 legislative session.

Representative Waites is currently up for re-election and is, at this time, running unopposed.

Thank you Jo for the additional information regarding this issue.

Maryland HB 422 hearing overview

The House Judiciary Committee met to hear HB 422, a bill that would prevent breed discriminatory laws on the state level.

According to the bills sponsor, the bill was submitted due to the Solesky decision.   The bill, which if it remains as is, would outlaw breed discriminatory laws on the state level, repeal existing ordinances and prohibit landlords from discriminating against tenets with certain breeds of dogs.

The bills sponsor pointed out the some of the numerous issues caused by BDL and the precedent of the 17 states that currently outlaw BDL and the additional states that are considering anti-BDL bills this year.

Right away one member of the committee raise the issue of Prince George’s County and what would happen to their ban.  The sponsor stated that it was her intention that existing ordinances would be grandfathered in, but the language of the bill does not allow for that.  The bills sponsor said that she would amend to clarify that issue.

It is important to note that the Chief of Prince George’s County Animal Management Division was present and testified in support of the bill.  He was asked to testify for the bill by the head on the Animal Management Services Division.  During what was a compelling testimony, he stated that 793 dogs were confiscated under the ban in the 2013 fiscal year.   Roughly 75% of confiscated dogs were euthanized.  $250,000 have been spent in Prince George’s County on enforcement of the ban in 2 years.  He also testified that the number one biter was either labs or cocker spaniels.  He stated that the ban has done nothing for Prince George’s County but separate well-behaved dogs from good families and that the focus needs to be on effective solutions.  He testified that the ban has not worked for Prince George’s County.

The portion of the bill which was most hotly contested was the portion relating to landlords.  Many people testified in support of the bill, with the exception of that particular portion.  Considering that the legislature has failed to address the effects of the court ruling, that particular portion of the bill would put landlords in an impossible position.  Again, amendments were suggested to remove the language pertaining to landlord discrimination.

Many people testified in support of the bill, but very oppose it.  Not surprisingly, Tony Solesky, whose son was the center point in the appeals court ruling, testified against.  There was a pattern during that day’s hearing.  There were many bills regarding dangerous dogs that were heard.  Tony Solesky testified against every single one regarding dangerous dogs, and spent the entire time focusing on breed instead of lobbying for effective solutions that have a chance of effecting change, and passing through the process.

For example, HB 371 was heard.  This bill is to strengthen the dangerous dog laws in breed neutral way.  Increasing penalties, and strengthening the requirements for those who have dangerous dogs.  Solesky testified against strengthening the dangerous dog laws because it was breed neutral and behavior based and tried to lobby for the bill to be breed based, saying that Maryland should be able to “…simply eliminate certain breeds of dogs the same way we eliminate, why wild animals aren’t allowed among us.”

This stark opposition to any form of solidifying the dangerous dog laws in a breed neutral way is confounding.  Victims are no more or less of a victim if they are attacked by one type of dog or another.  We point to this specifically in order to show that the issue is not really about public safety for the pro-BDL lobby.

Maryland legislators have heard a lot of information about the failures of breed discriminatory laws over the last few years.  Many of them come into the hearing for HB 422 extremely well versed in the failures and short comings of such legislation.

As things stand now, the committee has not acted.  Because the sponsor has said that she is drafting amendments to the bill, it is possible that the committee will not act on the bill until that is done.

Residents of Maryland please reach out and write a brief letter of support for this bill to the committee.

Joseph.vallario@house.state.md.us
Kathleen.dumais@house.state.md.us
Curt.anderson@house.state.md.us
Sam.arora@house.state.md.us
Jill.carter@house.state.md.us
Luke.clippinger@house.state.md.us
John.cluster@house.state.md.us
Frank.conaway@house.state.md.us
Glen.glass@house.state.md.us
Michael.hough@house.state.md.us
Kevin.kelly@house.state.md.us
Susan.lee@house.state.md.us
Susan.mccomas@house.state.md.us
Mike.mcdermott@house.state.md.us
Keiffer.mitchell@house.state.md.us
Neil.parrott@house.state.md.us
Samuel.rosenberg@house.state.md.us
Luiz.simmons@house.state.md.us
Michael.smigiel@house.state.md.us
Kris.valderrama@house.state.md.us
Geraldine.valentino.smith@house.state.md.us
Jeff.waldstreicher@house.state.md.us

Maryland HB 422 would prohibit breed discriminatory laws on the state level

A bill that has been introduced in Maryland that would prohibit breed discriminatory laws on the state level is being heard by the House Judiciary Committee today.

The catalyst for this bill is likely the situation with the Maryland court of appeals ruling that found “pure breed pit bulls” to be inherently dangerous, and that landlords were to be held strictly liable if a tenants “pit bull” caused injury to some one.

HB 422 , a bill which currently has 10 sponsors, would do several things.  The first is that it would prevent municipalities from enacting dangerous dog laws on the local level that single out any one breed or type of dog.  This bill would also prohibit landlords from refusing to rent to a person based on the heritage of their dog, as well as protecting renters from eviction because of their dog.

This is the first state-wide bill to specifically address landlord discrimination in rental practices based on the appearance of the dog.  It is not surprising that this would come out of Maryland at this time, considering the issues that have arisen out of the Tracey v Solesky ruling.

The pertinent text of the bill is listed below.   

” (B) A MUNICIPALITY MAY NOT:
(1) ADOPT AN ORDINANCE PROHIBITING A PERSON FROM OWNING, KEEPING, OR HARBORING A DOG OF A SPECIFIC BREED, TYPE, OR HERITAGE; OR
(2) DETERMINE A DOG TO BE A NUISANCE, POTENTIALLY DANGEROUS, DANGEROUS, OR INHERENTLY DANGEROUS, OR OTHERWISE REGULATE A DOG BASED ON THE BREED, TYPE, OR HERITAGE OF THE DOG.

12 13–102.1. (A) THIS SECTION MAY NOT BE CONSTRUED TO PROHIBIT A COUNTY FROM RESTRICTING THE OWNING, KEEPING, OR HARBORING OF A DANGEROUS DOG, AS DEFINED IN § 10–619(A) OF THE CRIMINAL LAW ARTICLE, OR A DOG THAT HAS BEEN DETERMINED TO BE POTENTIALLY DANGEROUS IN ACCORDANCE WITH § 10–619(C) OF THE CRIMINAL LAW ARTICLE.
(B) A COUNTY MAY NOT:
(1) ENACT A LOCAL LAW PROHIBITING A PERSON FROM OWNING, KEEPING, OR HARBORING A DOG OF A SPECIFIC BREED, TYPE, OR HERITAGE; OR
(2) DETERMINE A DOG TO BE A NUISANCE, POTENTIALLY DANGEROUS, DANGEROUS, OR INHERENTLY DANGEROUS, OR OTHERWISE REGULATE A DOG BASED ON THE BREED, TYPE, OR HERITAGE OF THE DOG…

(C) REGARDLESS OF THE TERMS OF ANY CONTRACT, DEED, COVENANT, RESTRICTION, INSTRUMENT, DECLARATION, RULE, BYLAW, LEASE AGREEMENT, RENTAL AGREEMENT, OR ANY OTHER DOCUMENT, A HOMEOWNER OR TENANT MAY NOT BE:
(1) PROHIBITED FROM OWNING, KEEPING, OR HARBORING A DOG OF A SPECIFIC BREED, TYPE, OR HERITAGE; OR
(2) DENIED OCCUPANCY IN OR EVICTED FROM RESIDENTIAL PROPERTY SOLELY BECAUSE THE PERSON OWNS, KEEPS, OR HARBORS A DOG OF A SPECIFIC BREED, TYPE, OR HERITAGE.”

This bill also specifically addresses current breed discriminatory ordinances, and would nullify them. This means that any and all existing breed discriminatory laws would be repealed by this bill.

Nothing in the bill prohibits any municipality, or landlord from rejecting dogs that have proven, based on their behavior, to be dangerous.

One of the largest issues effecting shelter populations of typically targeted dogs is a lack of pet friendly rentals.  This bill is an opportunity to address this problem and will set the precedent for other states to do the same, as well as repealing the long-standing breed discriminatory ordinances in Maryland.  The bill is set for its first hearing today.  Local groups have been working hard on support for this bill.

When the hearing is completed, we will know more specifically what is needed from Maryland residents in order to help support passage of this bill.

Westwego Louisiana Councilman seeks to add breeds to ordinance

Following an attack on a woman in Westwego Louisiana, Councilman Glen Green has sworn to add more breeds of dogs to the cities dangerous dog laws, which currently single out pit bulls.

Westwego’s law, which was passed in 2000, requires owners of pit bull type dogs to keep the dogs confined in kennels when not on leash or with their owners. Kennels must be made of chain link fencing at least six feet high, five feet from the property line, and 20 feet from neighboring homes. Failure to do so results in a fine of $250.

Though Councilman Green has not said exactly which breeds will be added, he has mentioned Rottweilers specifically. According to Green, he will be seeking additional support from other members of the council before approaching this issue. He was quoted in a recent news story saying “If they want to challenge it in court, so be it. There are several breeds that I’m putting in there.”

What is rather unfortunate is that these challenges will cost everyone in the city by making poor use of tax payer dollars. Councilman Green says that he blames the owner of these dogs for not taking care of them properly, yet he is choosing to target the dogs instead.  Not the attacking dogs, but dogs that he has a perception of as being vicious.

Councilman Green knew the victim personally.

Residents: Please respectfully, and sympathetically reach out to your council members to ask that they look into a strong and enforceable breed neutral law instead of adding breeds to their restrictions. The urge, after such a terrible incident, is to act but actions taken must still be in the best interests of the community at large.  No amount of breed specific laws would have stopped this heartbreaking incident.  By creating a comprehensive breed neutral ordinance with stiff penalties for violation serious incidents like this can be reduced.

Officials can be found here. It is of absolute utmost importance that, when communicating after an attack this severe, you remain unimpeachable in your professionalism in every communication.  This is not about dogs.  This is about creating a safer community for the residents of Westwego. Breed specific laws divert resources from the real obstacles to making communities safer, which is why breed neutral laws have been shown repeatedly to increase public safety.

Our heartfelt sympathies go out to the victim of this attack and all the friends and  family of the victim.

Western Australia: Service association wants stricter BSL

The misleadingly-named WA Local Government Association (which is not a government agency) is pushing for revised dog control laws that would include stricter regulations for “dangerous breeds.” It intends to survey local governments to get their ideas and perspectives (and presumably support). Western Australia already has BSL in place for the Dogo Argentino, Fila Brasileiro, Japanese tosa, American Pit Bull Terrier, and “pit bull.”

Contact info for WALGA: http://www.walga.asn.au/AboutWALGA/WALGADetailsContacts.aspx

Dog control laws ‘outdated’

Phoebe Wearne, The West Australian
June 7, 2012, 9:55 am

[…] The WA Local Government Association plans to draw councils on their views on a push for tougher restrictions on dangerous dog breeds.

[…] Mr Pickard said it was encouraging that proposed amendments to the Bill included prohibiting availability, breeding and sale of dangerous breeds, sterilisation of dangerous breeds, increased penalties for irresponsible owners and powers for local rangers. […]

Full article retrieved 6/9/12 from http://au.news.yahoo.com/thewest/a/-/breaking/13893243/dog-control-laws-outdated/

Press release from the WA Local Government Association (basically similar to the “news article”): http://www.walga.asn.au/NewsPublications/tabid/66/id/85b2f6ff-716a-4d5e-a161-ad59b20c8431/Default.aspx