FROM THE ADBA.. (cross posted)
BSL ALERT: MASSACHUSETTS STATE
Massachusetts officials are discussing APBT restrictions and or bans. These politicians need to hear from their constituents.
PLEASE TAKE THE TIME AND MAKE THE CALL! The future of your dogs depends on it!
LAWMAKERS LOOKING AT BAN ON DANGEROUS DOGS
TELL EVERYONE ABOUT THIS BSL ALERT!!
MA has announced a plan to introduce an ordinance to eventually BAN OR RESTRICT YOUR APBT!! What you read about the APBT genocide in Denver Colorado , and Kansas City Kansas , could be at your front door!
The time to stop this legislation is now, before it passes!
We need to apply the pressure, and keep applying the pressure, until the city council realizes this will be an unfair ordinance.
CALL, AND WRITE NOT JUST ONCE BUT MANY TIMES!! THIS IS IMPORTANT!! IT HAS WORKED VERY WELL IN MANY CITIES!
Please go to this link to find out who to contact where you live:
http://www.wheredoivotema.com/bal/myelectioninfo.php
Avoid sending emails! While e-mail is an excellent way to inform people about an issue, it is not the best way to send opinions. With the click of a button, an e-mail and dozens of others like it can be deleted.
Please make the call’s and fax letters and be polite. We need to let them know how strongly we oppose this ordinance.
Please write POLITE letters asking them to reject BSL and encourage local governments to encourage responsible ownership of all dogs.
Please be courteous. Contact these officials regarding the across the board liability that ALL dog owners should have and not owners of specific breeds. Go after the irresponsible owners of all breeds. Enforce the leash/containment laws and go after the irresponsible owners. It seems the problem is with loose dogs running at large.
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If you choose to remain uninvolved, do not be amazed when you no longer any property rights! If they can do this to your dog, is anything you have out of their reach? Your rights will be taken away while you are so peacefully staying out of the "fray". Check history, it is full of nations/empires that disappeared when its citizens no longer held to their core beliefs and values. One person CAN make a difference. One plus one plus one plus one plus one plus one.........
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The ADBA, AKC and UKC believes that strong enforcement of leash laws, as well as clear guidelines for identifying and managing dangerous dogs, will promote responsible dog ownership and prevent tragedies from occurring. Simply placing restrictions on certain breeds will not improve public safety - it will only punish responsible dog owners.
We strongly support sound, enforceable, non-discriminatory legislation to govern dog ownership, and we appreciate legislators' desire to keep communities safe for both people and dogs. However, BSL will not address the root cause of dangerous dogs – irresponsible ownership!
Points to Address:
§ Breed-specific laws are not the best way to protect communities. An owner intent on using his or her dogs for malicious purposes will simply be able to switch to another type of dog and continue to jeopardize public safety. The list of regulated breeds or types could grow every year without ever addressing responsible dog ownership. Deeds, not breeds, should be addressed.
§ Breed-specific laws are hard to enforce. Breed identification requires expert knowledge of the individual breeds, placing great burden on local officials.
§ Breed-specific laws are unfair to responsible owners.
§ Breed-specific laws increase costs for the community. Shelter costs for the community could rise as citizens abandon targeted breeds and adoptable dogs of the targeted breeds could be euthanized at the shelter.
§ Some communities have had their breed-specific laws overturned on constitutional grounds of due process. Because proper identification of what dogs would be included is difficult or impossible, the law may be deemed unconstitutionally vague.
§ Strongly enforced animal control laws (such as leash laws), generic guidelines on dealing with dangerous dogs and increased public education efforts to promote responsible dog ownership are all better ways to protect communities from dangerous animals.
§ Breed-specific legislation is opposed by the AKC,UKC ADBA, the American Veterinary Medical Association, the National Animal Control Association, the ASPCA, and a host of national animal welfare organizations that have studied the issue and recognize that targeting breeds simply does not work.
BSL CASE LAW
Toledo v. Tellings, 2006-Ohio-975
Attached please find the link to the Decision and Judgment Entry made by the Court of Appeals in Ohio . The Court has found that breed specific laws are unconstitutional because they violate American Citizen's rights under the United States Constitution to due process and equal protection. The decision also contains evidence, which refutes every myth surrounding the "pit bull". (Note, the attachment is in .PDF form and is 28 pages...)
Here is a link to the decision.
http://www.sconet.state.oh.us/rod/ /6/2006/2006-ohio-975.pdf
The US Supreme Court in Nicchia v People of the State of New York 254 U.S.
228 (1920) gave police the power to regulate and control dangerous dogs with drastic measures as long as it does not infringe on dog owners the right to Liberty with Due Process.
In 2002 The Alabama Supreme Court affirmed a trial court decision that American Pit Bull Terriers are not dangerous. ( Huntsville v Four Pit Bull Puppies Ala 08-30-02 No. 1010459 )
In 2004 the Toledo Muni Court ruled American Pit Bull Terriers are not dangerous and granted dog owners due process rights. Tellings v City of Toledo CRB-02-15267
In 2004 The Ohio Supreme Court in State v Cowan 103 Ohio St. 3d 144, 2004-Ohio-4777 struck down ORC955:11 which declared the "Pit Bull" vicious because it violates our rights to be heard (Due Process)
There exists at this time no scientific proof that a breed of dog is dangerous. Conclusions based on accurate fatal dog attacks combined with dog bite incident reports prove a dogs breed is not a factor in aggressive behavior. Breed bans do nothing to stop dog attacks, they do nothing to stop illegal activity, they do nothing to protect the public from irresponsible dog owners and punish responsible dog owners, causing court litigation, wasted tax money and impoundment of innocent dogs while criminalizing U.S. Citizens.
Problems stem from inadequate budget or man power to enforce the laws, inadequate training to effectively deal with the problem dogs in a humane way, and low priority of animal control issues. Poor community education of existing animal control laws and lack of judicial support in upholding effective penalties also create serious problems. Strong laws that penalize the owners, regardless of the breed are what is needed. These types of laws are valid, have merit, are not vague or capricious. We ALL support laws that hold owners accountable for their dog’s behavior.
Non-breed specific laws are valid under the Constitution, and are for the protection of the public welfare and safety with the degree of precision that characterizes effective legislation.
Any dog, regardless of breed, is only as dangerous as his/her owner allows it to be.
WE ALL NEED TO STAY ON TOP OF THIS IN ORDER TO HEAD THIS OFF!
Also, if you are not registered to vote, GET REGISTERED! Your local government officials have more effect on your day to day life, then any other government body.
Back the people who listen and back you! `As for the others, VOTE THEM OUT!
John Adams warned, "The moment the idea is admitted into society that property is not as sacred as the laws of God, and there is not a force of law and public justice to protect it, anarchy and tyranny commence. Property must be sacred or liberty cannot exist."