Breed-specific dog laws survive Ohio challenge, face another; related developments
From ANIMAL PEOPLE, July/August 2004:
TOLEDO, Ohio–Breed-specific dog legislation on July 8,
2004 survived a challenge in Toledo Municipal Court. Judge Francis
X. Gorman upheld an ordinance limiting possession of pit bull
terriers to one, insured for $100,000 liability, and requiring that
pit bulls be kept behind locked doors or fences at home, muzzled
when taken out.
Paul Tellings, 30, then of East Toledo, sued, backed by
the American Canine Foundation, of Belfair, Washington, after he
was charged with keeping too many pit bulls and not insuring them.
Gorman ruled that “The pit bull, as a breed, is not
inherently dangerous,” and that “There is no statistical evidence
which indicates that the pit bull bites more frequently than some
other breeds.” However, Gorman wrote, “There is substantial
evidence that pit bull bites cause a disproportionate number of
fatalities.” Because pit bulls have “been utilized extensively by
drug dealers, dogfighters, and urban gang members,” Gorman said,
they “create a substantial and real threat to the safety of the
public. This ordinance is a necessary and useful tool,” Gorman
concluded, “in controlling these undesirable dogs.”
ACF founder Glen Bui in a web posting called the verdict “a
very small victory but a major loss.”
Tellings and Bui indicated to Toledo Blade staff writer Robin
Erb that Tellings might next plead “no contest” to a misdemeanor
charge in order to pursue an appeal.