Fw: New Ruling re Denver, CO. Breed Ban

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Ginger

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May 29, 2009, 7:46:18 PM5/29/09
to B I M W, Ann Hubbs, ANTHONY CRIMI, Barb in CA, Pat Dunn, Peggy Norris, parrot...@googlegroups.com, Parr...@yahoogroups.com, Watchbirds
 
Finally, reason in the face of fanaticism!
Ginger
-------Original Message-------
 
Date: 5/29/2009 10:10:52 AM
Subject: New Ruling re Denver, CO. Breed Ban
 
TX-RPOA E-News
>From RPOA Texas Outreach and
Responsible Pet Owners Alliance
"Animal welfare, not animal 'rights'
and, yes, there is a difference."
Permission granted to crosspost.
 
May 29, 2009
 
FOR IMMEDIATE RELEASE
Date: May 28, 2009
Contact: AKC Communications
 
AKC AND DOG OWNERS WIN RULING GRANTING A TRIAL TO CHALLENGE
CONSTITUTIONALITY OF DENVER BREED BAN
 
New York, NY- The American Kennel Club® is pleased to announce that United
States Court of Appeals for the Tenth Circuit has ruled in favor of
plaintiffs Sonya Dias, Hillary Engel, and Sheryl White in their appeal
challenging the constitutionality of the Denver breed ban. This ruling
reverses the United States District Court of Colorado's 2007 dismissal of
the suit.
 
The Denver ordinance bans ownership or possession of the Staffordshire Bull
Terrier, the American Staffordshire Bull Terrier and the American Pit Bull
Terrier and/or any dog with a majority of physical traits of one or more of
these breeds within the City and County of Denver. Since 2005, as a result
of this ordinance, more than 1,000 dogs within the city limits have been
euthanized.
 
In July 2008, the AKC® joined Karen R. Breslin of the Progressive Law
Center, LLC of Lakewood, Colorado, and retained the Washington D.C. office
of Kaye Scholer LLP to represent dog-owning plaintiffs Dias, Engel and White
in their appeal in which they asserted that the Denver ordinance banning pit
bulls within the city limits is unconstitutional. The original lawsuit
stated the owners were forced to move out of Denver with their dogs because
of the ban which they asserted was a violation of, among other things, their
constitutional rights.
 
"The AKC has always opposed breed bans on the basis that there are no bad
dogs, just bad owners. We support reasonable, enforceable,
non-discriminatory laws to govern the ownership of dogs," said Margaret
Poindexter, General Counsel for the AKC.  "We also have serious concerns
about AKC breed standards being used by law enforcement to identify
dangerous dogs. Breed standards are intended to serve as the written ideal
of a dog which breeders can aspire to, not a benchmark for defining
dangerous dogs."
 
In fact, the Tenth Circuit Court's decision quotes the AKC breed standard
for the Staffordshire Bull Terrier: "with its affections for its friends,
and children in particular, its off-duty quietness and trustworthy
stability, [the Staffordshire Bull Terrier is] a foremost all-purpose dog."
 
The AKC supports laws that: establish a fair process by which specific dogs
are identified as "dangerous" based on stated, measurable actions; impose
appropriate penalties on irresponsible owners; and establish a well-defined
method for dealing with dogs proven to be dangerous. If necessary, dogs
proven to be "dangerous" may need to be humanely destroyed but the AKC
strongly opposes any legislation that determines a dog to be "dangerous"
based on specific breeds or phenotypic classes of dogs.
 
RPOA Texas Outreach (501C4 Nonprofit)
Responsible Pet Owners Alliance (501C3 Nonprofit)
 
900 NE Loop 410  #311-D
San Antonio, TX  78209
$15 Annual dues (January - December)
To subscribe or unsubscribe, e-mail rp...@texas.net.
 
 


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