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Denver Pit Bull Lawsuit Gets New Life

Posted: Friday, May 29, 2009, 6:08 p.m., EDT

Pit bullAn appeal challenging the constitutionality of the Denver breed ban has been allowed to move forward by the 10th U.S. Circuit Court of Appeals.

The decision favors plaintiffs Sonya Dias, Hillary Engel and Sheryl White in their appeal challenging the city’s breed ban, which prohibits pit bulls within the city limits.

Specifically, the Denver ordinance bans ownership or possession, and calls for the euthanization, of the Staffordshire Bull Terrier, American Staffordshire Bull Terrier and the American Pit Bull Terrier, or any dog with a majority of physical traits of one or more of these breeds within the city and county.

The dog-owning plaintiffs Dias, Engel and White have asserted that the breed ban is unconstitutional. The original lawsuit filed by the three former Denver residents stated that they were forced to move out of the city with their dogs because of the ban, which they claimed was a violation of their constitutional rights.

This ruling reverses the United States District Court of Colorado’s dismissal of the suit in 2007. More than 1,000 dogs within the city limits have been euthanized as a result of the ordinance. <HOME>

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I am happy to hear the AKC has joined this fight. I HATE Denver and will never ever go there. What they have done is unforgiveable - not only to the residents and family members they have killed but even to people just passing through with their pit bulls who have been taken from them - that is outrageous!!! I have a pit bull rescue and live in Ohio unfortunately which is a horrible state for bully breeds. I have never been bitten by a pit bull, and I have come across many who have been very abused and neglected, but still, they are loving and want affection. I have been pit by a jack russel / greyhound mix, a yorkie, and would like to note that "pit bulls" are not even in the top 10 of biters of humans. There should not be any laws whatsoever requiring any specific reguirements or bans based on breed alone. The only way to have a safe community is to have breed neutral dangerous dog laws. A dog should be deemed danregous or vicious based on their actions NOT based on what breed they are - that is absolutely ridiculous. And the media makes matters worse since they only report pit bull bites - they never report any other dogs biting, or if they do, they are just a "dog" no breed is given. Half the time the reported pit bull bites aren't even pits but of course they never correct themselves b/c pit bull attacks get the headlines and are big news stories. It's ridiculous.
Jennifer, mentor, OH
Posted: 6/6/2009 3:54:25 PM
AWESOME KEEP FIGHTING THE GOOD FIGHT,
MY BIG FEROCIOUS 75 LB PIT NAMED BUSTER IS OFFICIALLY A CERTIFIED THERAPY DOG AFTER TOMORRO'S 3RD MONITORED VISIT. HE IS A HIT AT HE HOSPICE, THEY LOVE MY BIG FEROCIOUS PITBULL CALLED BUSTER
TINO, VEGAS, NV
Posted: 6/6/2009 12:55:30 PM
Unfortunately many cities think they can violate the constitution. I live in the Fascist Fief of Raytown, State of Misery and it is stated in the animal control ordinance that an officer can ENTER WITHOUT A WARRANT. During BSL debates I pointed out that this is a violation of unlawful search and seizure as well as trespass.

Apparently cities think they have this power. It is time that people start filing civil rights violation charges against these cities. Most people won't stand up for their rights.
Andy Whiteman, Raytown, MO
Posted: 6/6/2009 10:09:26 AM
This case never should have been dismissed in 2007 – of course it is a violation of the 5th and 14th amendments – calling for our Constitutional right to due process! In addition, on moral grounds, it is an unconscionable act to enter one’s property using police force to seize the family dog! Dogs that have done nothing to pose a threat to public safety are simply rounded up and killed for being an “illegal” breed.

The fact that the AKC has bravely stepped up to join the lawsuit, adds sharp teeth to bite Denver for its serious lapse of judgment and irresponsible leadership. Every city council member who pushed for the passage of this horrendous breed ban should be called on to resign immediately.

More on Denver at www.DenverKillsDogs.com
Paula Terifaj, Brea, CA
Posted: 6/6/2009 7:03:15 AM
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