We DID PITT BULLS BEFORE!

[PeaceNikki]

97. I have an aversion to legislation based on bullshit propaganda. A breed-neutral approach is the way

to go.

http://www.aspca.org/about-us/policy-positions/breed-specific-legislation-1.aspx

Even laws that ostensibly are only regulatory may impose a de facto ban on a breed, creating a climate where it is nearly impossible for residents to live with such breed, and virtually ensuring destruction of otherwise adoptable dogs by shelters and humane societies. In Ohio, due to a state law that classifies all pit bulls as “vicious” and imposes various requirements on their guardians, pit bull guardians have great difficulty locating housing and obtaining homeowners’ or renters’ liability insurance, and most Ohio shelters have a pit bull non-adoption policy. The consequences have been disastrous: while in 1996, 101 Ohio animal control agencies reported handling 2,141 dogs deemed to be pit bulls, in 2004, 68 agencies reported handling 8,834 such dogs, of whom only 1,425 (16 percent) were reclaimed by their original guardians or adopted by new ones, and 7,409 (84 percent) were killed (Lord et al., 2006). In addition, dogs outside a targeted breed may become “collateral damage” of breed-specific laws. The Prince George’s County pit bull ban places significant pressure on the county shelter, which has limited space and yet must hold pit bulls during the pendency of lengthy legal proceedings. As a result, the shelter has had to euthanize hundreds of otherwise adoptable dogs of many different breeds due to lack of space, and has suffered decreased adoption rates because there are so few dogs available (Taylor, 2004).
Perhaps the most harmful unintended consequence of breed-specific laws is their tendency to compromise rather than enhance public safety. As certain breeds are regulated, individuals who exploit aggression in dogs are likely to turn to other, unregulated breeds (Sacks et al., 2000). Following enactment of a 1990 pit bull ban in Winnipeg, Canada, Rottweiler bites increased dramatically (Winnipeg reported bite statistics, 1984-2003). By contrast, following Winnipeg’s enactment of a breed-neutral dangerous dog law in 2000, pit bull bites remained low and both Rottweiler and total dog bites decreased significantly (Winnipeg reported bite statistics, 1984-2003). In Council Bluffs, Iowa, Boxer and Labrador Retriever bites increased sharply and total dog bites spiked following enactment of a pit bull ban in 2005 (Barrett, 2007).

It must also be considered that if limited animal control resources are used to regulate or ban a certain breed of dog, the focus is shifted away from routine, effective enforcement of laws that have the best chance of making communities safer: dog license laws, leash laws, animal fighting laws, anti-tethering laws, laws facilitating animal sterilization and laws that require guardians of all dog breeds to control their pets. In 2003, a task force formed to study the effectiveness of the Prince George’s County pit bull ban concluded the ban to be extremely costly while providing little attendant financial or public safety benefit to the county and noted that, as a direct result of the ban, "Animal Management Division human resources [are] stretched thin...thus reducing their ability to respond to other violations of the [Animal Control] Code." The task force recommended that Prince George’s County repeal the ban (Prince George’s County Task Force, 2003). However, while out-of-county pit bull adoptions were initiated, for political reasons the ban was not repealed. The Ohio pit bull law, enacted in 1989, has been accompanied by a doubling of dog fighting complaints by Ohio animal control agencies—from 14.6 percent of animal control agencies making complaints in 1996 to 29 percent of animal control agencies making such complaints in 2004 (Lord et al., 2006). Yet studies examining the impact of Britain’s Dangerous Dog Act of 1991 and the Spanish Dangerous Animals Act of 1999 (notwithstanding their names, both laws are breed-specific) indicate that the targeted breeds were not significantly associated with bite incidence prior to enactment of either law and that bite incidence failed to decrease post-enactment (Klaassen et al., 1996; Rosado, 2007).

Thus, the ASPCA is not aware of credible evidence that breed-specific laws make communities safer either for people or other companion animals. There is, however, evidence that such laws unfairly target responsible pet guardians and their well-socialized dogs, are inhumane, and impede community safety and humane sheltering efforts (Sacks et al., 2000; Wapner, 2000; Taylor, 2004).
ASPCA Position

Although multiple communities have been studied where breed-specific legislation has been enacted, no convincing data indicates this strategy has succeeded anywhere to date (Klaassen et al., 1996; Ott et al., 2007; Rosado, 2007). Conversely, studies can be referenced that evidence clear, positive effects of carefully crafted, breed-neutral laws (Bradley, 2006). It is, therefore, the ASPCA’s position to oppose any state or local law to regulate or ban dogs based on breed. The ASPCA recognizes that dangerous dogs pose a community problem requiring serious attention. However, in light of the absence of scientific data indicating the efficacy of breed-specific laws, and the unfair and inhumane targeting of responsible pet guardians and their dogs that inevitably results when these laws are enacted, the ASPCA instead favors effective enforcement of a combination of breed-neutral laws that hold reckless dog guardians accountable for their dogs’ aggressive behavior. Ideally, a breed-neutral approach should include the following:

Enhanced enforcement of dog license laws, with adequate fees to augment animal control budgets and surcharges on ownership of unaltered dogs to help fund low-cost pet sterilization programs in the communities in which the fees are collected. To ensure a high licensing rate, Calgary, Canada—its animal control program funded entirely by license fees and fines—imposes a $250 penalty for failure to license a dog over three months of age (Calgary Responsible Pet Ownership Bylaw, 2006).

Laws that mandate the sterilization of shelter animals, ideally before adoption, and make low-cost sterilization services widely available. (See ASPCA Position Statement on Mandatory Spay/Neuter Laws, 2008[link])

Enhanced enforcement of leash/dog-at-large laws, with adequate penalties to ensure that the laws are taken seriously and to augment animal control funding.
Dangerous dog laws that are breed-neutral and focus on the behavior of the individual guardian and dog (taking care to ensure that common puppy behaviors such as jumping up, rough play and nipping are not deemed evidence of dangerousness). Graduated penalties should include mandated sterilization and microchipping (or other permanent identification) of dogs deemed dangerous, and options for mandating muzzling, confinement, adult supervision, training and owner education. In aggravated circumstances—such as where the dog seriously injures or kills a person, or a qualified behaviorist who has personally evaluated the dog determines that the dog poses a substantial risk of such behavior—euthanasia may be justified. In Multnomah County, Oregon, a breed-neutral ordinance imposing graduated penalties on dogs and guardians according to the seriousness of the dog’s behavior has reduced repeat injurious bites from 25 percent to seven percent (Bradley, 2006).

Laws that hold dog guardians financially accountable for a failure to adhere to animal control laws, as well as civilly and criminally liable for unjustified injuries or damage caused by their dogs. Calgary, Canada, has reduced reported incidents of aggression by 56 percent and its bite incidents by 21 percent by requiring guardians of dogs who have displayed aggression to dogs or to humans to pay fines ranging from $250 to $1500 (Calgary Responsible Pet Ownership Bylaw, 2006).
Laws that prohibit chaining or tethering (taking care also to prohibit unreasonable confinement once a dog is removed from a chain), coupled with enhanced enforcement of animal cruelty and animal fighting laws. Lawrence, Kansas, significantly reduced dog fighting and cruelty complaints by enacting an ordinance prohibiting tethering a dog for more than one hour (Belt, 2006).

Further, the ASPCA supports a community-based approach to resolving the reckless guardian/dangerous dog question whereby all stakeholders—animal control, animal shelters, medical and veterinary professionals, civic groups, teachers, public officials—collectively identify an appropriate dog bite prevention strategy. Central to this model is an “advisory council or task force representing a wide spectrum of community concerns and perspectives” whose members review available dog bite data, current laws, and “sources of ineffectiveness” and recommend realistic and enforceable policy, coupled with outreach to the media and educational efforts directed at those in regular contact with “dog owners and potential victims” (e.g., medical and veterinary professionals, animal control/shelters, teachers) (AVMA, 2001).
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