Pit or not: When it’s a life or death decision
By Christie Keith
January 13, 2008
From Pet Connection BFF Dr. Patty Khuly at Dolitter, a reflection on a truly stupid, unenforceable Miami-Dade County law making life a living hell for loving pit bull owners while those who scoff the law in the first place laugh
Pits used in violent street life (by those who would treat them as weapons long before making sure they had clean water and reasonable shelter) somehow still thrive under the ban…. (I)t’s the well-behaved pit bull crosses marched through tony Lincoln Road in their $100 collars that are most likely to receive citations ($500 the first time, $5,000 and risk confiscation or euthanasia the next). And it’s the coddled, family-pet pit bulls who moved here with their parents and settled into well-kept neighborhoods that are more at risk of actual “neighborly” repercussions.
I have several clients caught in this maelstrom of stress on the issue. Some will do anything possible to ensure no one sees their dog. Others hide their dog’s true appearance with cute T-shirts and sweaters. But mostly, keeping a pit under wraps means no puppy parks, no Lincoln Road, no trips to Starbucks. Nothing. Total confinement.
I even have a couple of clients who deny their dogs look like pit bulls at all and hope this thin thread of vain hope will keep them safe. While this latter group might have a leg to stand on elsewhere, Miami-Dade’s one breed ban enforcement officer is the sole arbiter. Even if you don’t think your dog looks pit-ish, this guy decides—all by himself with little room for appeal. (I’d like to look at his tax returns and compare them to his living conditions since I’m convinced there’s no better recipe for corruption).
Some of her clients have wondered if the new breed-identifying DNA tests might protect their “pit-looking” non-pits from this entirely arbitrary law:
In one notable case, a dog purchased in a pet store as a purebred (not a pit, though I won’t name the breed) turned out suspiciously large and big-headed. A neighbor turned her in. In spite of her “papers,” the county’s pit man says she’s enough of a pit to warrant a citation. Talk about adding insult to injury (or is it “dumb and dumber”?): She paid good money for a dog that’s not a purebred and now she’s being fined for keeping a pit.
Will genetic testing help sort this one out? Doubtful. Not as long as the County Dog Czar holds sway over the nonexistent jury. Maybe next time he comes around she should just offer to make his Mercedes payment for him. Beats paying for moving costs…but there’s got to be a better way.
Good stuff here.
I’m always suspicious of news reports of “pit bull attacks” because it never really tells you WHO identified the breed of the dogs in question nor what were their credentials to do so accurately.
It’s so much easier to trumpet another sensational headline about yet another “pit bull attack” . . . . . . . . . . . .
Comment by The OTHER Pat — January 13, 2008 @ 10:43 am
If dogs are private property, how can an official confiscate the dog without due process and without proving that the property in question is, in fact, illegal as defined by this ridiculous, indefensible law. Hasn’t anyone filed a lawsuit yet? I can’t believe it would hold up under any rational scrutiny.
Darn right it leaves the door wide open for corruption.
Comment by Susan Fox — January 13, 2008 @ 3:07 pm
You mean all these pit bull and pit bull mix owners who live in affluent neighborhoods can’t get together and repeal the law or amend it for their pets’ protection?
Although Khuly doesn’t cite the law itself, I would imagine there must by something in it that declares what evidence will deem a dog a Pit Bull.
If the citizens played their cards right, they stand a chance of winning the support of other people in their community on the basis of potential government corruption.
If all else fails, maybe they’ll just have to build a moat around the residential community.
I must add that if my dog couldn’t be walked in public or visit a bark park because of a stupid law, I’d move. That’s not the kind of town I’d want to live in.
Comment by Lynn — January 13, 2008 @ 7:09 pm
I agree — these folks can afford a $100 collar, but can’t find a lawyer? I thought most places that had pit bans had had to recind them — the lack of due process alone ought to be making local lawyers salivate.
Get together and get a lawyer — this is just itching for “legal remedy”!
Comment by Dorene — January 13, 2008 @ 7:16 pm
“Although Khuly doesn’t cite the law itself, I would imagine there must by something in it that declares what evidence will deem a dog a Pit Bull.”
Sure. It looks like one.
(a) The term “pit bull dog” as used within this article shall refer to any dog which exhibits those distinguishing characteristics which:
(1) Substantially conform to the standards established by the American Kennel Club for American Staffordshire Terriers or Staffordshire Bull Terriers; or
(2) Substantially conform to the standards established by the United Kennel Club for American Pit Bull Terriers.
And as for proving it?
(d) Testimony by a veterinarian, zoologist, animal behaviorist, or animal control officer that a particular dog exhibits distinguishing physical characteristics of a pit bull shall establish a rebuttable presumption that the dog is a pit bull.
Comment by katie — January 13, 2008 @ 7:17 pm
Thanks, Katie, for posting the law.
It’s a farce. That last part really sucks. The part about an animal control officer “establishing a rebuttable presumption that the dog is a pit bull”: good grief, far too many animal control officers can’t tell a Chihuahua from a Black Lab.
Seriously, if there’s a civil action against a pit bull owner, I hope the ACO testifies. If I were the defense attorney I’d challenge him in court by holding up a picture of every single breed that walks the face of this earth. Bet he can’t name them all. Ergo, how’s the jury supposed to believe that the ACO knows what a pit bull looks like.
Hire a top gun attorney and sue.
This whole law smacks of someone who’s got a grievance against a neighbor with a pit bull.
Comment by Lynn — January 13, 2008 @ 9:15 pm
Lynn, you might find this website interesting:
http://www.pitbullsontheweb.co.....ndpit.html
BSL (Breed-Specific-Legislation) simply does not make sense.
Comment by The OTHER Pat — January 13, 2008 @ 9:26 pm
I love that site The OTHER Pat! Unfortunately each and every single one of those dogs is in danger of being euthanized by the ACO, because really what are the chances that he has the ability to see the differences between a “pit” and a Cane Corso or a Dogo Argentino or even an over weight Labrador!
Comment by Jess — January 14, 2008 @ 9:28 am