Breed-Specific Legislation in the U.S
Throughout the country, entire communities have banned or restricted dogs based on their breed or perceived breed. Breed-based policies are based on misinformation and myths about various breeds rather than science or credible data. Nonetheless, their impact on dogs, families, and animal shelters is heartbreaking. Breed bans and restrictions drive dogs from their homes and into shelters, consuming kennel space and resources that can help animals in true need.
Many states, (e.g., Illinois, New York, and Texas), support laws identifying, tracking, and regulating individual dogs, regardless of their breed, and prohibit BSL. However, over 700 cities in the United States have passed breed-specific legislation.
Normally, breed-specific legislations require owners of specific breeds to follow practices such as:
In public, keep the dog muzzled.
Keep the dog on a specific length or material leash.
Purchase a certain amount of liability insurance.
Put up signs on the outside of the house where the dog lives.
The dog should be spayed or neutered.
Arguments Supporting Breed Specific Legislation in the United States.
To highlight the support for Breed Specific Legislation in the United States, these are some examples of reasons why some states have embraced this legislation in the past.
1. Denver, Colorado, made it illegal for "any individual to keep, own, possess, keep, transport, harbor, exercise control over, or sell any pit bull within the city."
It defined "pit bull" as "any dog that may be a Pit Bull Terrier, Staffordshire Bull Terrier, American Staffordshire Terrier, or any dog exhibiting most physical traits of one or more of the breeds as mentioned earlier, or any dog displaying the distinguishing characteristics which are consistent with the standards set by the United Kennel Club and American Kennel Club for any of the breeds as mentioned earlier."
2. The Pit Bull Terrier and American Staffordshire Bull Terrier are included in the definition of "vicious dog" in Des Moines, Iowa.
The ordinance imposes strict licensure, control requirements (such as the provisions for seizure and disposal) and confinement policies on any animals deemed "vicious" under the ordinance.
3. Waterford Charter Township, Michigan, banned any prospective "harboring, maintenance, and possession" of any "pit bull terriers."
It says that "the township has deemed it necessary, due to public safety, welfare, and health, that the pit bull terriers' presence should be reduced in the community and limited to licensed people as a way of eliminating the threat that the breed poses to the public."
Over time, some court cases have also boosted such views supporting the laws.
For example, the Kansas Supreme Court ruled in 1989 that a city ordinance restricting pit bull ownership was constitutional. The court specifically upheld the district court's finding that "pit bull dogs posed a unique hazard to public welfare and safety, and the city's policy regarding possession and ownership of pit bull dogs was therefore a legitimate and reasonable government directive."
Why is the Breed Specific Legislation in the United States ineffective?
Breed-Specific laws are ineffective at promoting community safety because they ignore the real issue (the individual dog and owner's behavior) and target the wrong thing. As a result, BSL is opposed by several professional organizations, including:
American Dog Owners Association (ADOA)
American Kennel Club (AKC)
American Veterinary Medical Association (AVMA)
American Working Dog Federation (AWDF)
Association of Pet Dog Trainers (APDT)
Humane Society of the United States (HSUS)
International Association of Canine Professionals (IACP)
National Animal Interest Alliance (NAIA)
National Association of Dog Obedience Instructors (NADOI)
Arguments against Breed-Specific Legislation in the United States.
1. We all want our communities to be safe for people and their pets.
On the other hand, a dog attack can jeopardize public well-being, especially when it results in panic policy-making, (e.g., when city council members pass legislation outlawing or restricting a specific breed of dog, such as the Pit Bull Terrier). Once these laws are passed, people waste time and other valuable resources when enforcing these ineffective laws. A task force in 2003 discovered that Prince George's County, Maryland, spent approximately $560,000 every two years enforcing its breed ban. If you consider the price in today's economy, breed restrictions are not only costly to implement, but they are also ineffective in keeping communities safe.
2. With the passage of such ordinances comes the question of how to prove the heritage of a mixed-breed dog in court.
Numerous studies have shown that visual breed identification is highly unreliable, even among animal welfare professionals. Of course, DNA testing is now available, but enacting breed restrictions places the cost and burden on municipalities to prove the heritage of a pet dog.
The reasons outlined above demonstrate why some states have been hesitant to enact and oppose Breed Specific Legislation in the United States. For example, Arizona Governor Doug Ducey made Arizona the 20th state to enact anti-BSL legislation in May 2016.
As research continues to show that BSL is not only ineffective, costly, and harmful to innocent families by removing or restricting their family pet. Dog owners opposed to this crude legislation have been relieved to see a significant shift in the legislative approach to public concern about dog bites and community safety. As of 2016, approximately 20 states maintain some sort of anti-BSL legislation. The United States has begun to embrace the common thread with dog bites, which is preventative actions and education on responsible ownership of all dogs.
Final Thoughts
So, what have we learned about breed-specific legislation in the United States? First and foremost, there has been a significant shift in matters Breed Specific Legislation in the United States over the years, but it is ineffective. The laws are based on myths and stereotypes about breeds of dogs rather than any real scientific evidence. Additionally, court cases have increasingly ruled against breed-specific legislation as unconstitutional. Most importantly, this type of law punishes responsible dog owners instead of targeting irresponsible ones. If you have a pit bull puppy or dog and need training, book a consultation with Atlanta Pit Bull Training. We'd be happy to teach you how more about caring for your special pet!
