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I believe local laws related to companion animals can have two indirect consequences: 1) good laws can be infectious in a good way, encouraging other cities and counties to embrace a similar law or laws; and 2) bad laws can spread like a disease, infecting other cities and counties with laws that do not help animals and do not help people. I recently learned of two cities in south Alabama considering breed specific restrictions regarding pit-bull type dogs, one of which is the City of Geneva which is located in Geneva County. The name of the second city isn't important for purposes of this blog at this point. I'll explain why later. In my experience, it is not uncommon for cities to consider breed specific laws in the wake of a dog attack that caused injuries or a dog bite-related fatality. Such is the case in the City of Geneva. A man was attacked by a pack of dogs and died in March 2021; the media report of that incident references the previous death of a child but does no indicate when that happened. In March of this year, a woman was attacked and injured by three dogs. The owner of the dogs was charged with a misdemeanor because the injuries did not rise to a level to be considered serious. People want to be kept safe, so the default action is often to try to control dogs that look like the dog who either seriously hurt or killed someone even if that dog (or dogs) have already been determined not to be dangerous (because the negative contact was provoked or the dog was defending its owner or property) or the dog was already destroyed. I believe that focusing on laws that target dogs who look like the dangerous dog is more of a reaction to a specific event than a genuine focus on public safety moving forward. The ordinance enacted by Geneva is one of the most draconian I have seen in years. It applies to dogs that even look like pit bull type dogs, requires dogs to be registered with the city, requires people to post signs that they own a dangerous dog and if people don't comply, their dogs will be taken from them and most likely killed because they are deemed dangerous just because of how they look. It also imposes a pet limit which requires people to re-home animals they have in excess of the limit and charges a $250 penalty for someone to reclaim a lost pet as a first offense and $500 for a second offense (in addition to daily fees). I reached out to the city to ask if I could submit some questions after the ordinance was enacted and was told I could. When I submitted my questions I extended an offer to gift city officials four copies of Bronwyn Dickey's seminal book about pit- bull type dogs so they can educate themselves on a topic about which they believe they have sufficient knowledge to create new laws. I don't really expect to hear back from anyone. I don't live there. I don't vote there. It should be noted that the City of Geneva is in Geneva County which has failed to adopt the state's dog confinement law. Neighboring counties have not adopted the statute either which means dogs are essentially roaming around like its 1870. Dogs don't know jurisdictions. If areas surrounding the City of Geneva allow dogs to run loose (perhaps forming packs) that presents issues related to public safety when dogs cause vehicle accidents or injure or kill someone. Despite what you may read on some websites and find in an AI search on the subject, dog bites are rare events and the vast majority of dogs targeted by breed bans or restrictions will never bite. Dog bite related fatalities are also exceedingly rare events. The one dog bite fatality case in which I helped defend an Alabama City just over a decade ago involved not pit-bull type dogs but Rottweilers who attacked and killed WWII veteran Donald Thomas when he went to check his mail. I interviewed the neighbors, all of whom felt threatened by the dogs running loose, but who did not report the dogs or their concerns to the city because they didn’t think it would do any good. One woman who did call the police department after having been chased by the dogs (a few years before the attack that killed Mr. Thomas) failed to go to city hall to engage with a magistrate to swear out a warrant. All the neighbors with whom I spoke regretted they had not done more that may have prevented Mr. Thomas’ death. This contact with cities about breed restrictions caused me to go back and look at one of the original pages of my website written many years ago called Breed Bans: Bad for Us, Bad for Them. Fast forward over a decade and I stand by what I wrote. They are still bad for us and bad for dogs. Not much has changed other than we now have new sources to use to help educate those considering banning or regulating dogs based on breed. This is what we know:
(click on each image to see a larger copy; you can also view all the flashcards here) My questions to the City of Geneva about the ordinance included the following:
Like I said, I don't expect to hear back from the City of Geneva even though I was told I could submit questions about the ordinance. I do expect the city to be sued and I expect people's dogs to be killed because they don't register them or they can't afford reclaim fees that amount to ransom. Back to the second city I was told was considering banning or restricting pit-bull type dogs following a dog bite related fatality in which a teenager was attacked and killed by dogs owned by his neighbor who were reportedly pit-bull type dog mixes. I spoke with City of Daleville Mayor Jayme Stayton yesterday after I heard his city was considering following in the steps of the City of Geneva to ban or restrict breeds of dogs. He confirmed his city is not considering laws that target dogs by breed. He also confirmed that a recent dog bit related fatality took place not in his city but in the county, adding "all kinds of dogs can bite." He was open to revision of his city code regarding vicious and dangerous animals which was last updated almost 20 years ago and open to contacting the Dale County elected officials to encourage them to adopt the state's dog confinement law. I shared some information to help him with that subject and others related to the animal code he and the city council can consider. It was refreshing to have a conversation with someone focused not on breed but on behavior and how to keep his constituents safe. (presentation images and flashcards courtesy of Animal Farm Foundation; yard sign image courtesy of City of Geneva resident Donna Antolic)
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Honorable Mayor Mike Johnston City Council Member Amanda P. Sandoval City Council Member Kevin Flynn City Council Member Jamie Torres City Council Member Diana Romero Campbell City Council Member Amanda Sawyer City Council Member Paul Kashmann City Council Member Flor Alvidrez City Council Member Shontel M. Lewis City Council Member Darrell Watson City Council Member Chris Hinds City Council Member Stacie Gilmore City Council Member Serena Gonzales-Gutierrez City Council Member Sarah Parody City of Denver Honorable Mayor and Council Members of the City of Denver: Cities sometimes get an opportunity to do the right thing, for the right reason, to help keep the public safe while also saving the life of an animal in keeping with the values of the constituents they serve. You are currently presented with such an opportunity. I write today to implore you to use your influence to spare the life of a dog named "Thunder" currently housed in your animal shelter. The facts of this case are vast and no doubt known to you, but appear to be summarized as follows from my perspective:
My name is Aubrie Kavanaugh. I am an Army veteran and a retired defense litigation paralegal/investigator. I spent more than 30 years of my life defending cities like yours in addition to decades of animal welfare/animal shelter reform advocacy. I am surprised the City of Denver code does not contain provisions like those in the city where I worked to prevent dogs like Thunder from being kenneled for months through use of due process and a disposition hearing. I would argue that housing a dog in these conditions constitutes a form of cruelty - regardless of good intent - because it is entirely preventable through a process in which the dog's disposition can and should be determined not within months but within 30 days. I was not surprised to learn that shelter staff previously gave testimony in an adjacent case (People v. Monica R. Lopez) that the shelter is a "stressful environment for any dog. . .[and is] not a normal environment. That's not a healthy, you know, dogs did not evolve to live in a box and be secluded from, you know, other animals and people." The National Canine Research Council would agree: Shelters are noisy, alien environments [for dogs], filled with strange smells, unfamiliar people, and dogs they may hear, but not see. We should not be surprised that some dogs may. . . behave differently when confined in a shelter, with its barrage of stressors that the dog cannot control, than they will in the safe, secure, predictable environment of a home, cared for by people with whom they are able to form positive attachments. I fully understand that you have a public safety mandate to keep people safe and that the safety of humans will always take priority over saving the lives of animals. One of the worst cases I ever worked related to dog bite related fatality of WWII Veteran Donald Thomas in the City of Leeds, Alabama, when Mr. Thomas went to check his mail and was attacked and killed by two dogs inside city limits. The law firm from which I retired defended the city in a wrongful death case based on negligence; it was essentially a failure to protect case. Jim Crosby, who has offered his expert opinion here, worked with the prosecution in examination of what led to the attack. The dogs in our case were shot and killed on site, having killed a man. Your case involves not a death, but an encounter in which Thunder may have caused minor injuries. I simply do not see any risk at all to public safety by allowing Thunder to be spared and sent to Basecamp Eden where he can live out the rest of his days in Calhan, Colorado, while not living in a small kennel inside a closed building. The mission of Basecamp Eden is perfectly suited to dogs like Thunder: to save animals from high risk situations and provide them with a safe, structured environment. The fact that Base Camp works with veterans suffering from PTSD to help them create meaningful connections with animals is an absolute plus. Should Basecamp Eden be allowed to take ownership of Thunder (following execution of a hold harmless contract), I would not be surprised to learn at some point in the future that Thunder has not only returned to his happy, balanced behavior, but that he has also helped a veteran (to whom we owe a debt of gratitude) find some peace in an otherwise very challenging world. We hear all the time from people in the animal shelter industry that "nobody wants to kill animals." After a couple of decades of advocacy for shelter animals generally, and for dogs unfairly labeled as "aggressive" or a risk to public safety and then destroyed, I'm not so sure I believe those claims. Actions speak louder than words. Denver is seen as one of the most progressive cities in the country. It seems wholly antithetical for the City of Denver to end the life of a dog against advice of an expert and when there is placement available that will help you fulfill your public safety goals. Please take action to safe the life of this dog while also reconsidering your city code. The dog whose life is at risk today is Thunder. But tomorrow it could be a dog who is a beloved member of your family or the family of someone you know. Thank you for your time and your compassion towards animals. Aubrie E. Kavanaugh, Paws4Change (image courtesy of Base Camp Eden)
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AuthorI am an animal welfare advocate. My goal is to help people understand some basic issues related to companion animals in America. Awareness leads to education leads to action leads to change. Categories
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image courtesy of Terrah Johnson
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