Dear Mr. Henderson,
I am writing to request that you oppose the breed specific language in the 8th
Draft of the Animal Control Ordinance. Breed specific laws, whether they are
mandatory spay/neuter, or very restrictive, or outright bans have serious
constitutional problems. Such laws are ineffective and unenforceable. Further,
they are expensive, and actually reduce public safety. I would like to address
some specific issues with the currently proposed breed specific law in
Louisville:
There are legal issues with the definition of "pit bull." The AKC does not
recognize 5 of the 7 named breeds, so there are no breed standards that may be
obtained from that organization for those 5 breeds. The AKC does not own the
standards describing the other two breeds. Instead, those standards are owned
and copyrighted by the parent breed clubs. Since breed specific legislation has
become an increasing threat to specific breeds of dogs, parent breed clubs have
taken to sending "Cease and Desist" orders to municipalities that use their
copyrighted standards to identify dogs of their breed--or mixes thereof. These
clubs are prepared to go to court to show that the misuse of their copyrighted
standards in this way harms the clubs, which have worked for many years to breed
dogs to fit those standards, and whose very existence is threatened by
misbegotten breed specific laws.
There is no scientifically objective or accurate way to determine breed in an
unregistered purebred dog. There is no scientifically objective or accurate way
to determine breed heritage in a mixed breed dog. Testimony to these facts has
been presented in courts, which have then decided that breed specific
legislation is vague and unenforceable.
Further, there is very strong precedent in the courts (including decisions
handed down by federal courts up to and including the United States Supreme
Court) that recognizes dogs as property. This recognition means that dogs, as
property, are protected under the United States Constitution. No dog or other
property may be seized by any government without due process and just
compensation. This proposed breed specific law in many places ignores the
property protections guaranteed in the United States Constitution. Instead, the
8th draft gives sweeping powers to the Director of Animal Control to seize dogs
(property) and to refuse to return those dogs (property) to their owners. Does
the Metro Council want the city to face the liability issues that will result
from seizure of a valuable show or hunting dog, whose worth can go into 5 or
even 6 figures?
This proposed legislation is unreasonable and unnecessary. Fatal dog attacks
account for less than 0.076% of all dog attacks in this country. An average of
16 people per year die of dog bite related injuries--less than die annually from
lightning strikes! Injuries from dog bites are more rare than injuries from bike
accidents, and 92.4% of the time, less severe.
Please stop focusing on the red-herring issue of public safety from dog bites.
Instead, fix the current ordinance so it no longer requires people to vaccinate
their dogs with rabies vaccines approved by Kentucky's Department of Human
Resources (which deals with personnel issues, not rabies vaccines), and the
myriad other errors in the current ordinance.
In closing, I would like to bring your attention to the fact that Miami-Dade
County, Florida has had a ban against "pit bulls" in place for 20 years. This
month, two fatal dog attacks occurred there. Neither attack was committed by a
"pit bull."
Sincerely,
Karen Brinkley