Monday, July 27, 2015

Ohio pit bull roundup 7/27/2015. I can't keep up.

We are miles behind on the Pit Bull Roundup.  There is no logical order here, please bear with me.  sometimes life interferes with blogging.  We will cover the backlog in manageable chunks.  Northern Ohio is currently a pit bull hell.  We will get to it soon.  I have not forgotten the Pibble March but simply can't keep up.

A new feature, we will note the county for these attacks.  Always good to know who is responsible.  

Lockland Ohio
Hamilton County Ohio

You can't make this stuff up.  Two boys were running down a street, running from a pit bull.  One of the boys jumped into the bed of a pickup truck to get away from the dog.  A man who apparently owned the truck fired a shot.  Possibly he thought the boy was going to steal it.  The boys got scared and ran off, unhurt and were picked up by police after 911 calls were made.  Police attempted to talk to the man in the home about the shot that was fired.  Things all went to hell at this point and the SWAT team was called in.  The SWAT team let off an explosive charge and used a bull horn to talk the man out of him home peacefully.  Please share links to incidents where a Beagle at large turned into a SWAT team event.


                                                              * * *

Madison Twp Ohio
Franklin County Ohio
A woman was attacked by a dog while she was feeding her son's dog.  A pit bull mix bit the woman in the face and head, she was transported to a Dayton area hospital for treatment.  Police are investigating.

Here is an update to the story... wait for it... the dog that bit the woman was her own dog.  The dog will be euthanized, and hopefully the owner will be charged with making a false statement to police.

                                                                     * * *

Lorain Ohio
Lorain County

An 18 year old woman, being treated for pit bull bite injuries at Mercy Regional Medical Center told police that "people at 2714 Reid Ave. took control of the dog and asked her not to call police, saying the dog has bitten people before and will be killed by the Lorain County dog warden."  And this would be a bad thing? How many bites does this mauler get?

                                                                * * *

Huber Heights Ohio
Montgomery County

A 14 year old Cattle Dog named Henry was minding his own business in his owner's fenced yard was attacked by the neighbor's two dogs, a pit bull and a Boxer.  In order to attack the peaceful old dog the pit bull and the Boxer broke through a privacy fence.  This is not the first time these two dogs have broken through the privacy fence and attacked Henry.
 Dog recovering after pit bull attack photo

Lenise Knight, Henry's owner did not report it to authorities because she wanted to be a "good neighbor."  Apparently the owner of the pit bull and the Boxer has no such ambitions.

Knight has had enough.  She complained to the Montgomery County Animal Resource Center expecting the  pit bull and the Boxer would be picked up.  Remember folks, the dog warden in Montgomery county is none other that MARK KUMPF.

Wait for it.... she was told that by state law dogs can only be picked up after THREE documented attacks on dogs.  This is lazy enforcement and apparently the Montgomery County Dog Warden Mark Kumpf and the Montgomery County Commissioners learned nothing from TWO fatal dog attacks in the County last year.  Klonda Richey made dozens of complaints against the dogs that she called pit/mastiff mixes that eventually killed her.  Nothing of substance was done, sternly worded post-it notes stuck on the dog owner's front door were the best that Kumpf's staff would do.  Klonda Richey died a unimaginably painful and bloody death.   A seven month old child visiting from out of state was killed by an American Staffordshire Terrier (pit bull) with a menacing complaint from the USPS, and an attack on a leashed dog being walked on the sidewalk.  Legal action had been postponed at the time of the baby's death.

Ms. Knight makes a strong point with her thoughts here.  Henry is expected to recover from the attack. However, Knight wants people to learn from her mistake so they can protect their families.

Always start that paper trail.

Sandusky County Ohio

Two pit bulls attack a dog chained in the owner's yard.   A police report was filed.

                                                            * * *

Lorain Ohio
Lorain County

Alton Goshen Jr., "responsible pit bull owner" owns two pit bulls that have attacked TWICE in a month and BOTH of these attacks have killed someone else's dog.  Why did Goshen's pit bulls get a second kill?  Glad you asked but I have no answer for this. Police officer Richard Broz stated, after the second kill, per the Morning News Journal "Broz reported he has dealt with the dogs on several occasions and never observed any aggression toward people, but they had aggression toward other animals."

 (a) "Dangerous dog" means a dog that, without provocation, and subject to division (A)(1)(b) of this section, has done any of the following:
(i) Caused injury, other than killing or serious injury, to any person;
(ii) Killed another dog;
(iii) Been the subject of a third or subsequent violation of division (C) of section 955.22 of the Revised Code.

Per the Ohio Revised Code 955.11  Click here for the requirements for harboring a dangerous dog in Ohio.  

On March 31, 2015 Goshen's pit bulls attacked and killed another dog that was leashed and in the yard of the owner. Ohio law says the pits are dangerous dogs after the first kill.  Why wasn't the message given to Goshen?

 An April 24th Goshen's pit bulls attacked, killed, and attempted to dismember a Pomeranian, leashed and in the yard of it's owner.  The Pomerania owner "told police she tried to chase the dogs off, but one of them started growling at her, so fearing she would be bit, she backed off and waited for help."

On April 27th one of Goshen's pits was reported at large and police were called.  Officer Broz responded and confronted the pit bull.  The pit then ran back into Goshen's yard through an open gate.  Please review AGAIN the requirements for keeping dangerous dogs in Ohio per the Ohio Revised Code.

Per the Morning Journal "Goshen secured the gate at the time but as of April 27 did not make any improvements suggested so the dogs would not escape again, the report stated." 

 Improvements SUGGESTED?

Police cited Goshen for two counts of failure to confine dogs and one count of failure to have a dog license. Police recommended the maximum penalty allowed by law for the offenses due to the repeat incidents, the emotional trauma of the owners of the dead dogs and the quality of life of the other neighbors in the area. 

                                                                      * * *

Avon Lake Ohio
Lorain County Ohio

Kimberly Larson, owner of a pit bull named Cyrus, entered a plea of "no contest" to a charge of dog at large after her pit mix killed another dog.  Per Action 19 news " Police say the Pit Bull, named Cyrus, was being walked by his owner on Orchard Park Drive when Daisy, a Corgi Beagle mix began barking and ran towards him.

Cyrus slipped out of his harness and went after Daisy. Cyrus's owner struggled to pull him off Daisy and two neighbors came to help.

Daisy died.  Larson was found guilty and paid a fine of $150.  Remember this story.  It will become bigger news in the future.

Wednesday, July 22, 2015

Dayton pit bull owner indicted in the 2014 mauling death of Jonathan Quarles Jr.

A Dayton dog owner was indicted on six felony charges in the fatal mauling of Jonathan Quarles Jr. on July 20th of last year.  Kimiko Hardy was aware that her pit bull was dangerous prior to the fatal mauling of her step grandson in July of 2014.  Montgomery County Prosecutor Mat Heck Jr.spoke to the media today, announcing the felony charges against Hardy.

Per WHIO Hardy’s dog, Bussa, had previously charged a letter carrier in April 2014, which led the worker to miss work for two weeks and the U.S. Postal Service to refuse to deliver mail to the home for six months, the release stated. Also, just weeks before the fatal attack, Bussa bit and attacked another dog in June 2014. Following the second incident, Hardy attended required classes at the Montgomery County Animal Resource Center on responsible dog ownership, according to the prosecutor’s office.
“This defendant was well aware that her dog was a dangerous, even vicious animal, yet she failed to properly control the animal and it killed a completely helpless infant,” Heck stated.

Hardy pleaded no  contest to charges in the attack on the other dog and paid a $172 fine.
Hardy was indicted by the Grand Jury for four counts of involuntary manslaughter, one count of endangering children, and one count of failure to confine a vicious dog.  Ms. Hardy is not in custody.

It might be of interest that the Dayton Dog Warden, Mark Kumpf was also well aware of the danger of Hardy's pit bull prior to the death of Jonathan Quarles Jr., as was the Prosecutor's office.

family pit bull kills baby in dayton, ohioBussa was euthanized in September of 2014.

Saturday, July 18, 2015

Compare the costs of incarceration of the owners of violent dogs versus the cost of BSL. Please.

Animals 24-7 gives us something to think about.  "Punishing the deed costs twice as much as banning dogs of fighting breeds.  

 "DES MOINES, DETROIT, SYRACUSE––What does the “bully breed” advocacy mantra “punish the deed, not the breed” really cost society?
Punishing just three people whose “bully breed” dogs recently ran amok, causing two human fatalities, may cost the taxpayers of Iowa, Michigan, and New York state upward of $1 million, according to the Vera Institute of Justice’s 2012 estimate that the annual cost of incarceration in the U.S. is $31,286 per inmate."

"The annual cost to society of the 40-odd fatal dog attacks in the U.S. per year is presently upward of $147 million, according to that actuarial calculator, of which about $100 million results from fatal pit bull attacks,  and most of the rest from attacks by other “bully breeds” including Cane Corsos,  Presa Canarios,  bull mastiffs,  Dogo Argentinos,  and Rottweilers.
The cost to taxpayers of enforcing breed-specific legislation prohibiting pit bulls and other dogs of recent fighting ancestry is by contrast about 2% of animal control expenditure, in counties that enforce such legislation: about 67¢ per household per year, or potentially about $77 million per year, barely half the present cost of fatal attacks, if pit bulls and other fighting breeds were banned throughout the entire United States."

Please read the complete post. Please keep in mind, punishing the owners after a mauling still leaves this.

Thursday, July 16, 2015

Dayton disgrace

Dayton residents were appalled by the actions of the Montgomery County Commissioners when they refused to fire Montgomery County dog warden Mark Kumpf after the mauling death of Klonda Richey in February of 2014.  Ms. Richey had made dozens of complaints about her neighbor's dogs and the response of the Montgomery County Animal Resource Center, headed by Mark Kumpf, was to put sternly worded post-it notes on the front door of the dog owners with absolutely zero follow up.  Klonda Richey also went to the courts for protection but was, astonishingly, refused a protection order and never offered the opportunity to file an affidavit on the dogs.  Klonda Richey made the statement "those dogs are going to kill me" and she was right.  Klonda Richey's violent and bloody death brought international attention to the city of Dayton Ohio.

Deadly dog attack: Klonda Richey's body was found torn to shreds on the snow-covered sidewalk outside her Ohio home on Friday
Photo of the scene of Klonda Richey's death.

Dog warden Kumpf claimed that Ms. Richey's death was a "tragic accident" and despite the public record of Richey's complaints, Montgomery County officials stood behind him.

Fast forward to July of 2014 and Dayton had another fatal dog attack, this time a seven month old baby in Dayton for a family visit.  Click here for more information on the mauling death of Jonathan Quarles Jr. This part is important, the Staffordshire Terrier (pit bull) that killed little Jonathan Quarles Jr. ALSO had a record with the Montgomery County Animal Resource Center.  This one had menaced a mailman and the USPS reported it.  The Montgomery County ARC staff "educated" the owner, yep, that will solve the problem.

Well no, actually it did not solve the problem.  That very same pit bull attacked a leashed dog being walked in the neighborhood.  The Montgomery County ARC responded with charges BUT the hearing on those charges was postponed, for no apparent reason.  Just days after the date of the postponed hearing the pit bull mauled a seven month old baby to death.

Someone will correct me if I'm wrong, but I think Kumpf has to stand alone as the only dog warden in history with TWO fatal attacks in a six month period, all dogs involved having prior histories with county animal control and no definitive action taken.

What is the result?  Glad you asked.  The Montgomery County Commissioners have given Mark Kumpf a RAISE!

In an article titled "Montgomery County dog warden praised after 'difficult year."
From the Dayton Daily News "The head of the Montgomery County Animal Resource Center has received a pay raise based on a good 2014 job evaluation — a move criticized by some residents who say the agency did not do enough to prevent two fatal dog attacks last year.
Mark Kumpf, director of the Animal Resource Center, was given a wage increase of 2.5 percent, from $80,562 a year to $82,576. This decision has angered family members, friends and neighbors of Klonda Richey, who was mauled by two mixed-mastiff dogs in February, 2014, outside her Dayton home.

   photoMark Kumpf publicity photo

Klonda Richey had several "difficult years" ending in her violent death.  At only seven months old, Jonathan Quarles never had time for a "difficult year" or the joyous years of a normal childhood.

The family of Klonda Richey has filed a lawsuit against Montgomery County and Mark Kumpf.  The Quarles family has the right to do the same.  I suspect the liability in the Quarles case would be huge since the county had reason to know that their animal control department was not protecting the safety of the residents of the county.

Don't miss the video with this news story on Kumpf's raise.

Mr. Kumpf is a liability to Montgomery County and to the Ohio Dog Warden's Association as well, Kumpf remains president of that organization.  The OCDWA cannot be taken seriously when they retain an internationally disgraced dog warden as their president.    

Lets not forget the victims of Kumpf's failure to act.

Klonda Richey

Jonathon Quarles, Jr.

Jonathan Quarles Jr.

Click here for an interesting bit of video of a Dayton woman who got the sternly worded post it notes on her front door.  Note that Montgomery County ARC never followed up on the tickets AND they did not even respond to her phone calls.

Click here for more thoughts on Montgomery County.

Kumpf got a RAISE based on a good evaluation "after a difficult year"?  What planet do these people come from?

I saw this someplace and it seems to fit here.
Lisa Moyer

Monday, July 13, 2015

Elderly woman killed by a pit bull in Shaker Heights Ohio

7/14/2015 4 PM Update

The coroner's report gives the cause of death for Annie L. Williams as "bite wounds and crushing injuries to her neck, throat, and body." It has not yet been determined with certainty exactly who owned the pit bull that killed Mrs. Williams on Sunday afternoon.

7/14/2015 Update.
The great granddaughters of Annie Williams were interviewed by a local TV reporter.  They stated that they saw the attack from inside the house, they are eyewitnesses.  The pit bull was NOT chained in the back yard, the dog attacked Mrs. Williams from the front steps. This is a blow to pit bull advocates who blame tethering for the attack.  It is also important to note that the pit bull has a history of attack, it killed another dog in the past.

Details of Mrs. Williams life reveal her to be a fine woman, active in the community, active in her church, working part time at a local McDonalds after a career at University Hospitals.  She was described by one who knew her as someone who "never met a stranger."  A sad loss to the community.

In a breaking news story, an elderly woman was attacked by a dog as she got out of her car on a quiet street in Shaker Heights Ohio yesterday afternoon.  Neighbors ran to help but could not get the dog to release, the dog was then shot by a local resident.   In comments on this story relatives have stated that the woman has died and that the attacking dog was a pit bull.  Click here for an early news report.

pit bull kills woman in shaker heights

The horrific death of this woman brings the total number of fatal dog attacks in Ohio since the passage of HB 14 just three years ago to ten fatalities.  HB 14 was sold to the Ohio Legislature as a way to "finally give dog wardens the tools to deal with dangerous dogs" but has been an epic fail in that regard. Time has shown that the actual purpose of the bill was to deregulate pit bulls in the state.  Of the ten Ohioans killed by dogs in the state in the last three years, five of the attacks were by pit bulls, one by dogs identified by the victim in complaints to the police and Animal Control as pit/mastiff mixes, and four by all other breeds combined.  That is 50% of deaths caused by only breed/type of dog, pit bulls make up an estimated 5% of dogs in America.

Click here for a pop up video that appeared on the WKYC TV page with the earliest reports on the fatal attack in Shaker Heights.

Update - The Cuyahoga County Medical Examiners office has identified the victim of yesterday's dog attack in Shaker Heights Ohio as 71 year old Annie L. Williams.  Mrs. Williams was transported to South Pointe Hospital ,where she later died. Shaker Heights police have confirmed that the dog was a pit bull.

Click here for the 911 call.

Update - The pit bull that killed Mrs. Williams was owned by a resident of the home where their father lived.  Mrs. Williams had gone to the residence to pick up her two great granddaughters, a 13 year old child was in the car during the attack.  The pit bull was not licensed in Cuyahoga County.

The photograph below was included in a news story by ABC News 5 about the attack and death of Annie L. Williams.  Mrs. Williams should have been safe to go about the peaceful details of her life without being mauled to death as she picked up her grandchildren from the home of their father.

Saturday, June 20, 2015

Ohio Pibble March, part one.

The Ohio Pibble march is history.

Let me begin with a simple fact. In their shrill attempts to wrest home rule rights from Ohio communities pit bull advocates claim that breed neutral law will make Ohio safer.  If that was the case then the states that already have laws to prohibit BSL would each be a peaceful paradise.  Not so much. Your risks of being killed by a pit bull are HIGHEST in states with an anti-BSL law.

Texas passed a statewide anti BSL law in 1991.  Since passage of that law 42 Texans have been mauled to death by pit bulls, 36 of them in the last 10 years.  California passed an anti-BSL law in in 1989.  Since passage of that law 39 Californians have been killed by pit bulls, 30 of them in the last 10 years.  In 1990 Florida passed an anti-BSL law, since that time 22 Floridians have been killed by pit bulls, 13 of them in the last 10 years.

7/2/2015 Update.  Your odds of being killed in the breed neutral heaven of Texas get even worse.  An elderly man, 83 year old Norberto Legardo of Pecos Texas has been killed by pit bulls today.  This gives us 43 Texans killed by pit bulls since BSL was prohibited, 37 of them in the last ten years.
pit bulls kill pecos man, texas
Mr. Legardo

Moving on to the promised announcement at the Pibble March.  That announcement appears to be the tactic to be used by the Ohioans Against Breed Discrimination.  The photo below is from the public Facebook page of OABD, this is their publicity photo.  And that tactic is


Interesting tactic but totally false.

Let's take a stroll through Ohio law.

The State of Ohio v. Anderson.  In 1991 the Supreme Court of the State of Ohio ruled that Ohio's BSL was constitutional AND that "dog owners of average intelligence" can identify pit bulls.  Here is the court's summary and keep in mind that this remains the Ohio Supreme Court's official opinion on pit bulls.
"In sum, we reject the appellee's contention that the phrase "commonly known as a pit bull dog" is so devoid of meaning that R.C. 955.11(A)(4)(a)(iii) is unconstitutionally void for vagueness. Pit bull dogs possess unique and readily identifiable physical and behavioral traits which are capable of recognition both by dog owners of ordinary intelligence and by enforcement personnel. Consistent and detailed descriptions of the pit bull dog may be found in canine guidebooks, general reference books, statestatutes and local ordinances, and state and federal case law dealing with pit bull legislation. By reference to these sources, a dog owner of ordinary intelligence can determine if he does in fact own a dog commonly known as a pit bull dog within the meaning of R.C. 955.11 (A)(4)(a)(iii). Similarly, by reference to these sources, dog wardens, police officers, judges, and juries can enforce the statute fairly and evenhandedly. Consequently, we find that R.C. 955.11(A)(4)(a)(iii) is not unconstitutionally void for vagueness."

More from the Ohio Supreme Court's 1991 ruling.
"Furthermore, the dog owner of ordinary intelligence, when determining whether he or she owns a pit bull dog, need not rely solely on the dog's physical traits. Rather, the pit bull possesses certain distinctive behavioral features which differentiate it from other dog breeds. In Vanater v. South Point, supra, the court found that pit bulls have the following behavioral traits: "* * * a) grasping strength, b) climbing and hanging ability, c) weight pulling ability, d) a history of frenzy, which is the trait of unusual relentless ferocity or the extreme concentration on fighting and attacking, e) a history of catching, fighting, and killing instinct, f) the ability to be extremely destructive and aggressive, g) highly tolerant of pain, h) great biting strength, i) undying tenacity and courage and they are highly unpredictable." Id. at 1240. The court further found that pit bulls possess the quality of gameness, which it described as "the propensity to catch and maul an attacked victim unrelentingly until 173*173 death occurs * * *." Similarly, in Singer, supra, the evidence presented at trial established that pit bulls "possess inherent characteristics of aggression, strength, viciousness and unpredictability not found in other dog breeds. * * * [U]nlike other breeds which retreat if they are injured in a fight or an attack, a pit bull will often bite, clamp down with its powerful jaw, and maintain its hold until separated from its victim." Finally, the Florida ordinance regulating pit bull ownership which was upheld in State v. Peters(Fla. App. 1988), 534 So.2d 760, states that pit bulls are distinguished by "* * * a high [in]sensitivity to pain, extreme aggressiveness towards other animals, and a natural tendency to refuse to terminate an attack once it has begun * * *." Id. at 764."

The court's statement that "a dog owner of ordinary intelligence" can identify a pit bull is repeated  several times.  Why can't pit bull owners identify pit bulls? 

Moving on to the 2007 Ohio Supreme Court Ruling City of Toledo v. Tellings. The Ohio Supreme Courts's conclusion.
{¶ 35} In conclusion, the state and the city of Toledo possess the constitutional authority to exercise police powers that are rationally related to a legitimate interest in public health, safety, morals or general welfare. Here, evidence proves that pit bulls cause more damage than other dogs when they attack, cause more fatalities in Ohiothan other dogs, and cause Toledo police officers to fire weapons more often than people or other breeds of dogs cause the firing of weapons. We hold that the state ofOhio and the city of Toledo have a legitimate interest in protecting citizens from the dangers associated with pit bulls, and that R.C. 955.11(A)(4)(a)(iii) and 955.22 andToledo Municipal Code 505.14 are rationally related to that interest and are constitutional."

Tellings appealed the ruling to the United States Supreme Court.  The United States Supreme Court refused to hear it.  

In 2011 the United States District Court, N.D. Ohio, Eastern Division ruled in favor or the city of Lakewood's breed ban in the case of Tarquinio v. the City of Lakewood.  The court ruled Lakewood Ohio's pit bull ban was constitutional.  

Courts in other states have also ruled BSL constitutional as well.
In 2009 the United States District Court, D, Colorado ruled in support of Aurora's breed ban in American Canine Foundation and Florence Vianzon.
"11. Accordingly, I find that the ordinance is not an abuse of the City's police power. I further conclude that the classification of pit bulls and restricted breeds in Aurora'sordinance is rationally related to its undisputed legitimate interest in protecting the health and safety of its residents. Accordingly, there has been no deprivation of due process nor has there been a violation of the Equal Protection Clause."

This quote comes from the same ruling and should be noted.  The city tried the breed neutral/education tactic so loved by breed specific advocates and it was a failure. 
8. At trial, Cheryl Conway testified that the Aurora City Council initially considered breed specific legislation in 2003. During that time frame, Aurora was the recipient of a number of dogs banned in other cities close to and/or bordering Aurora, andAurora's animal control officers were voicing concern about the increasing numbers of these animals and their aggressiveness. Further, a concern was noted that breeding was a lucrative business in Aurora, and that these banned dogs were being bred increasingly for their aggressive tendencies. Finally, Aurora was receiving calls from constituents complaining that they were afraid of these dogs.
9. Rather than enact a breed-specific law at that time, the Aurora City Council opted instead to strengthen its dangerous and vicious animal ordinance. It did so by requiring certain animals to be spayed and neutered and increasing the penalties under that ordinance. The City also started a campaign to educate the public regarding these changes in the dangerous and vicious animal ordinance. Ms. Conway testified that this attempt to strengthen the dangerous and vicious animal ordinance fell short of its goal, as the number of reported bites continued to rise, the request for services from people related to dangerous and vicious animals increased, and the numbers of these dogs in shelters continued to increase."

An additional fact on this ruling.  Pit bull advocates continued in their attempts to bully the Aurora City Council into dropping the breed ban.  The Aurora City Council was so fed up with the constant battles that they put the issue on the ballot so that Aurora residents could have the final say on the matter. Voters in Aurora supported their breed ban by a landslide vote.

Pit bull advocates did not react well to the loss.  In an editorial for the Aurora Sentinel titled "No surprise that pit bullies won't let Aurora election loss go" editor Perry gives the response seen at his newspaper.  Take a moment to read this editorial, an absolute gem.  Don't miss the comment by well known New Jersey pit bull advocate Bob Cronk.  

In 2008 the Colorado courts ruled in Sonia Dias et al v. the City and County of Denver.  The Denver breed ban was ruled constitutional AND the court also ruled that the plaintiffs must pay the legal expenses of the city and county of Denver. Loved it!  

The District of Columbia Court of Appeals ruled in favor of local regulation in 2005 McNeeley v. United States.

In 1989 the state of Florida the United States District Court, S.D. Florida ruled in American Dog Owners et al v. Dade County Florida.
" Based upon the substantial evidence presented at trial, this court finds that DadeCounty Ordinance No. 89-022 provides sufficient guidance to dog owners, both in its explicit reference to pit bull dogs, and in its definitional section, to enable pit bullowners to determine whether their dogs fall within the proscriptions of the ordinance. Whether the ordinance will be applied in a discriminatory fashion is a question that cannot be determined in the context of this pre-enforcement action. Certainly there are some applications of the ordinance which pass constitutional muster. As long as the enactment is not impermissibly vague in all its applications, this court must uphold its constitutionality. Upon consideration of the evidence presented at trial, the pleadings, memoranda, exhibits and arguments of counsel and upon application of the controlling authority, this court finds that plaintiffs have failed to meet their burden of proof and that the Court is required to uphold the constitutionality of Dade CountyOrdinance No. 089-22."

U. S. District Court in Pennsylvania in 1986 rules in favor of local BSL.

State Supreme Court ruled in favor of local BSL in West Virginia in 2013.

In 1991 the Colorado Supreme court ruled in favor of local BSL. 

The list of court rulings upholding BSL is very long, goes back MANY years.  No point is served in going any further with this.  The claim that BSL is unconstitutional?  That ship has sailed and we need wave goodbye and move on.

We will be back with MUCH more from the Ohio Pibble March very soon.  

Sunday, May 24, 2015

Ohio pit bull advocacy steps up the assault on the home rule rights of Ohio residents

Ohio has become, yet again, the eye of the pit bull storm.  There have been strong hints from pit bull advocacy on a "secret" to be revealed at the May 30 Pibble March on the state capitol but the ever pit-bull-positive Huffington Post writer Arin Greenwood spoiled the surprise and announced breathlessly that a PAC "for dogs" has been formed in Ohio.  Here is the unspoken part of the statement, the dogs involved are pit bulls and their mixes only. Beagles have no political clout, or Poodles, or Pugs. Border Collies are on their own. Labs and Goldens go unrecognized by Ohioans Against Breed Discrimination. 

The goal of OABD is an amendment to the Ohio Constitution prohibiting regulation of dogs by breed. Demands of pit bull advocates were ignored by several Ohio cities in the last year.  BSL was upheld in Reynoldsburg, Parma, Bexley,Wauseon, and Newark. Lakewood shows no particular interest in dropping their breed ban.  Pit bull advocacy can't have that, city council members voting for common sense regulations to protect their constituents?  Heavens no!  This on top of the losses in the state legislatures in Kentucky, Georgia, Arizona, Montana, and Washington State where preemption bills barring local pit bull ordinances had been introduced and pushed by Best Friends Animal Society.  Five state legislature losses out of five for Best Friends so far in 2015, 100% of the states where BSL was challenged voted against preemption.  In 2014 they had only a 33% success rate (6 tries, 2 passed and one of these two was Best Friends own home state).  
Breed specific advocates continue to boldly but falsely state that the "trend" is for BSL laws to be repealed.  These quotes from the National Canine Research Council (which is not a council and is a wholly owned subsidiary of extreme pit bull advocacy, The Animal Farm Foundation). 
Not so much if you look at actual facts.  The actual trend is to protect the home rule rights of cities to regulate as they see fit.  

I have digressed yet again, back to the topic of this post.  Ohioans Against Breed Discrimination is the brainchild of Steffen Baldwin and Luke Westerman.  Those who read this blog will be familiar with Baldwin's name.  For those just catching up you can click here and here for more on Baldwin. Baldwin has joined with Luke Westerman, a businessman and a self proclaimed philanthropist and good Samaritan to form OABD.  These two, along with their wives/significant others, and Dana Pannella an Akron lawyer specializing in animal law, plan to raise five million dollars to promote their ballot initiative for a constitutional amendment that would prohibit any city or county in the state of Ohio from enacting or enforcing any breed specific legislation.  

Five milllion dollars to "educate" the peaceful public about what is in their best interests as determined by breed specific advocates?   "Pay no attention to the man behind the curtain peaceful citizens, don't read the news from actual news sources that tell you about fatal pit bull attacks on your neighbors and your pets, listen to us when we deny it all."  

Yes, they want to spend five million dollars to convince Ohio voters to vote away their home rule rights to run their communities as they see fit, leaving important decisions to those who fail to realize that "discrimination" is a human condition that has nothing to do with dogs.  Here is a quote from OABD founding member Alisha Westerman "People should never allow discrimination to be supported by law and it is up to all of us to ensure it isn’t," "That’s what this PAC stands for and that is why everyone should stand up and disallow discrimination of any sort."   Did I miss any reference to the victims of pit bull attacks, or concern for them in that quote?  

It is probably time to review just a few facts. Dogs are purpose bred.  Some are bred to retrieve ducks, some are bred to point to birds, some are bred to follow their noses, some bred to pull sleds, some are bred to herd livestock.  Given the selective breeding of these dogs nobody is surprised when a Lab or a Golden retrieves a ball.  No shock when a Pointer goes into a point at a hat with a feather in it.  Your Beagle gets out and trots off following an interesting scent?  Well, what did you expect?  Your Husky gets out and just runs?  Bred to do it.  The Border Collie next door crouches low and circles the neighborhood children in an attempt to herd them?  Hello?  It's a Border Collie.  A pit bull kills the neighbor's Poodle or mauls someone peacefully walking down the street?  No shock here.   

It is not discrimination to acknowledge breed traits, breeds were created for just these traits.  It is not discrimination when Anheuser Busch staff members hitch the Budweiser Clydesdales to the beer wagons instead of Hackney ponies or Arabian horses.
Image result for clydesdales
These horses are bred to pull a huge beer wagon.  This is is is not discrimination, it is reality.

This fine harness pony is bred for the show ring.  It is not discrimination.  The pony does not suffer from poor self esteem because he is not pulling the beer wagon.

As it has been said many times, pit bulls were bred for an activity so violent that it is a felony in all fifty states.  Pit bulls are bred to kill other dogs for the amusement of the horrid people who created the breed/type.  It is not discrimination to acknowledge this.

Personally, I think if five million dollars is raised (and that is no sure thing, with a very recent $200 contribution OABD has raised  $310 from 7 donors in 11 days, a long way from five million) that five million dollars should be used to educate pit bull owners, not the peaceful public.  Teach pit bull owners how to keep their dogs contained on their own property.  Pit bull owners and their family members will still be at risk for attack but the public will be safe. Everybody wins.

Teach pit bull owners the value of neuter and spay.  Actual research from actual veterinarians in over 600 veterinary clinics in the United States and published in the JAVMA in 2011 deals with the prevalence of neuter and spay by breed.  This research tells us that pit bulls have a very low rate of surgical castration.
Goldens?  74% neuter and spay
Labs?  72% neuter and spay
Beagles?  74% neuter and spay
Dachshunds?  66% neuter and spay
Pit bulls?  27% neuter and spay.  Think about that.

Actual numbers in the community must be far lower.  The listed statistics come from dogs seen in veterinary hospitals. Huge numbers of pit bulls are never seen by vets.  Read about pit bull attacks in the news and it is as common as dirt that the dogs have never been vaccinated and never seen the inside of a vet clinic.

Get the numbers of breeding pit bulls under control and the numbers of pit bulls in shelters facing euthanization drops like a rock. Better bred pit bulls will go to more responsible owners.  Fewer pit bulls owned by the irresponsible and uninsured will make the numbers of life ending or life changing pit bull maulings drop as well. The numbers of communities driven to consider regulating pit bulls will drop as a result.  Everybody wins.  But the public can't do this, only pit bull advocates can do it.  Spend your five million dollars cleaning up your own mess.

These are the people responsible for OABD.
Luke Westerman

Please spend a bit of time on Mr. Westerman's website,  His quotes are set in lavish typeface and set off in the manner of quotes from Gandhi or Christ.

Steffen Baldwin

Steffen Baldwin and his significant other Lauren Schneiders, Westerman with his wife Alisha.

Dana Pannella animal activist attorney.
DanaMarie Pannella

Arin Greenwood
Arin Greenwood, Huffington Post pit bull advocate and reporter.

Should these people be in charge of changing the Constitution of the State of Ohio?

Here is a fairly insensitive quote from Baldwin 

Steffen Evan Baldwin uploaded a new video.
Nobody is surprised when a dog (breed regardless but pit bull type dogs in particular) is raised by bad people to do bad things and winds up an evening news story. But what about those family dogs that are in good homes and they "just snap?" The BSL supporters cling to those stories for dear life as justification to discriminate but Lauren and I have several clients with dogs of all breeds that are in good homes but are becoming reactive. What do you think the common link is, in each of our clients homes? If you said "A lack of physical and mental stimulation equal to the dog and his/her individual needs" you'd be right...."  

He goes on here to explain his personal exercise program for his pit bulls, yadda, yadda, yadda as if it makes sense that dogs have to be managed in a particular manner in order to prevent attacks and maulings on family members and neighbors.  Baldwin is apparently not aware, or care, that "BSL supporters clinging to stories about dogs that snap" are VICTIMS of dogs that snapped.  

More from Baldwin.  This explains future plans for the effort to deprive Ohio residents of their home rule rights.  Looks a bit like they are having difficulty finding a lawmaker willing to put their name on a bill that has failed in nine other states in the last year or so but OABD remains hopeful.

Why did we form a PAC instead of working with a politician on getting a bill written to end breed discrimination in Ohio (If you missed the article, read here:…/11/pit-bull-pac_n_7242318.h…)? We're all for the idea and would support a bill like that...but we're here as a PAC because the people behind the scenes here at OABD have worked with politicians on several animal welfare bills in the past; we've provided proponent testimony on too many good animal welfare bills that have died in committees due to political inactivity. We've weighed out the options and we know we've bitten off a big task by taking this issue to the voters directly...but we're the kind of people that would rather bust our own butts to get something done rather than kiss someone else's! We're ready to roll our sleeves up and get to work...but it's going to take your financial support. We'll have a more comprehensive fundraising plan to discuss on May 30th but for now you can help with a small contribution to help us with some initial costs and to purchase some merch/gear to be used to raise even more money and spread our message across the State. We've set up a GoFund me account for the next few weeks, and every little bit will add up! Let's do this guys, together!!! "

It might be wise for pit bull advocates to clean up their own mess.  Here in the real world the courts are beginning to do exactly what breed specific advocates have been demanding for years.  Hold dog owners responsible for the violence of their dogs.

Four years in prison (not enough) for Brian Hrenko, owner of the pit bull that mauled Claudia Gallardo to death.
Stockton woman killed by pit bull
Claudia Gallardo

A symbolic 100 million dollar settlement against the owner of the pit bulls that mauled Steven Constantine, who lost an arm and a foot and faces 35 more surgeries. The pit bull owner is judgement proof but the amount was set to indicate "this is not acceptable."  Amen and hallelujah.
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Steven Constantine

Jena Wright was found guilty on all charges for the death of four year old Jordyn Arndt, a child she was babysitting.  Wright's pit bull mauled Jordan to death.

Wright faces up to 20 years in prison. 
In the early days after the fatal attack Jena Wright's father-in-law, Buster Wright speculated that Jordyn was responsible for her own death.  How do people get this crazy?
 step father of babysitter blames child victim for fatal attack
criminal trial jena wright, pit bull owner and babysitter

Donald Jackson, charged with murder for the mauling death of Pamela Devitt,  was sentenced to 15 years to life in prison.
Defense attorney Al Kim, left, and Alex Donald Jackson, right, react as Jackson's brother Vincent Jackson pleads for leniency during the sentencing hearing in an Antelope Valley courtroom Friday. Jackson was sentenced Friday to 15 years to life in state prison. (Photo courtesy Anne Cusack/Los Angeles Times)
Jackson hears the verdict.

Anthony Hunt was sentenced to five to eight years in prison for the maulings of Bridgetta Hadley and Duane VanLanHam, who came to her rescue and was also mauled.  Interesting to note that Mr. VanLanHam was awarded the Carnegie Medal for Heroism for his actions in defense of Ms. Hadley, a childhood friend.
Bridgetta Hadley and Duane VanLanHam
Bridgetta Hadley and Duane VanLanHam

These are just a handful of recent cases and there will doubtless be more. A bill recently introduced into the Ohio Senate will hold owners of violent dogs criminally responsible.