|Investigation of Maquoketa's Pit Bull Ban Ordinance and Enforcement||William P. Angrick II, Iowa Ombudsman||When a citizen's dog was considered to be a pit bull mix, she was ordered to remove the animal from the city. She filed a complaint to the Iowa Ombudman.The Iowa Ombudsman investigates complaints against Iowa state and local government agencies.The Iowa Ombudsman can investigate agency action and publish a report of findings and make recommendations. This is one of the publications regarding Maquoketa's Pit Bull Ban Ordinance.|
|The Post-Conviction Remedy for Pit Bulls: What Today’s Science Tells Us About Breed-Specific Legislation||Katie Barnett||67 Syracuse L. Rev. 241 (2017)||This Article examines the pseudo-science used in the past, the science we have today, and how “pit bulls” are among the more popular breeds adopted from animal shelters safely living in communities nationwide, yet are targeted with specific legislation in many municipalities. Distinguished from criminal eyewitness identification cases, this Article looks at the breed-specific legislation issue in terms of the entire breed being convicted on eyewitness testimony, not on a case-by-case basis like we see in criminal cases. Because breed-specific legislation targets an entire population of family pets based on breed, this Article argues for a better examination of the reliability of breed identification and the science used to uphold the constitutionality of the legislation.|
|Detailed Discussion of Local Breed-Specific Legislation||Anna Baumgras||Animal Legal & Historical Center||
This article will provide an overview of BSL ordinances by discussing 1) common breed definitions, 2) patterns in the regulations, and 3) common exceptions to the regulations. The article will also discuss the constitutionality of these ordinances, focusing on how they meet due process requirements.
|Breed Specific Legislation: Unfair Prejudice and Ineffective Policy||Devin Burstein||10 Animal L. 313 (2004)||
This comment examines breed specific legislation--the unfortunate attempt of legislatures throughout the country to address the valid concern over vicious dog attacks by prohibiting or strictly regulating entire breeds, most often pitbulls. To prevent the tragedies that can occur when a dog attacks a human, legislation must take aim at the heart of the problem, the human owners that allow, through negligence or intentional mistreatment and training, these attacks to occur.
|Breed Specific Legislation: The Gap in Emergency Preparedness Provisions for Household Pets||Amy Cattafi||32 Seton Hall Legis. J. 351 (2008)||
This article examines the gap in the legislation and explore how this dilemma has come to pass. First it explores what breed-specific legislation actually is, and how it has developed in modern society. Next, this article addresses the scope of current emergency preparedness statutes. Finally, this article attempts to address the issues that are bound to arise in the future.
|The Case Against Dog Breed Discrimination by Homeowners' Insurance Companies||Larry Cunningham||11 Conn. Ins. L.J. 1 (2004)||
Part I of this article gives an overview of the problem: dog breed discrimination by insurers, as well as a related problem of breed-specific legislation by some states. Part II analyzes the major scientific studies on dog bites, showing that no one has adequately proven that some breeds are more inherently dangerous than others. Part III shows that breed discrimination and breed-specific legislation are opposed by most veterinary and animal groups. Part IV demonstrates that insurers have been ignoring the unique and special role that pets play in millions of American homes. Part V shows how the insurance industry is a highly regulated industry which subjects itself to legislative control where, as here, the public is being harmed by underwriting decisions not driven by actuarial justification.
|Dog-Focused Law's Impact on Disability Rights: Ontario's Pit Bull Legislation as a Case in Point||Barbara Hanson||12 Animal L. 217 (2005)||
Legislation that affects dogs also affects persons with disabilities to some extent. This link shows up in statutory definitions, is justified by social construction theory, and has been reified in case law. Thus, it is important to examine statutes like Ontario’s pit bull legislation (OPBL) in terms of their potential impact on persons with disabilities. Upon close examination, it appears that the legislation suffers from vague definitions, conflicting onus of proof, absence of fair process, and severe penalties, including imprisonment. Further, it contains no reference to dogs used by persons with disabilities. This means that there is potential for persons with disabilities to suffer negative consequences and a need to consider disability rights in dog-focused legislation.
|Attacking the Dog-Bite Epidemic: Why Breed-Specific Legislation Won't Solve the Dangerous-Dog Dilemma||Safia Gray Hussain||74 Fordham L. Rev. 2847 (April 2006)||
Part I of this Note examines the growing problem of dog bites and dog-bite related deaths ("canine homicides") through statistical analysis. This part also provides a description and history of pit bull terriers, currently the most frequent target of breed-based laws. Part II examines common criticisms and concerns that accompany each type of law, and provides an overview of additional legislation that has been enacted to reduce the number of dog bites and attacks. Finally, Part III concludes that breed-specific legislation is an ineffective and inefficient means of combating the dog-bite epidemic. This part argues that dangerous-dog laws are a more effective, albeit imperfect, solution to the problem and proposes non-breed-based supplemental legislation that can be enacted to reduce the public threat posed by dangerous dogs.
|Detailed Discussion of Breed Specific Legislation||Anna Jones||Animal Legal & Historical Center||This paper first examines the anatomy of a typical breed ban and outlines which dogs are restricted and what tests are used to identify them. Next, it explores the history of breed bans and their introduction into modern society – focusing in particular on the 1980’s media coverage of fatal dog attacks that spread fear and fueled the passage of BSL. The paper finally considers the current status of breed specific legislation.|
|Overview of Breed Specific Legislation||Anna Jones||Animal Legal & Historical Center||
A breed ban, also known as breed specific legislation or “BSL” are all names for an ordinance that restricts ownership or possession of certain identified breeds of dogs.