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Ohio Bill Proposes Amending Law that Categorically Deems Pit Bulls as “Vicious”

March 18, 2009, 2:57PM MT
By Cheri Moon
Ohio Residents: H.B. 79 Needs Your Support!

Ohio Residents: H.B. 79 Needs Your Support!

By Best Friends Staff

To All Ohio Residents
Rep. Barbara Sears (R., Sylvania) of Ohio introduced H.B. 79* to amend the current law and eliminate the clause that automatically deems pit bulls vicious.

Says Sears, "In the 1970s, it was the German shepherd. In the 1980s, it was the Doberman. In the 1990s, it was the Rottweiler.”

She explains that the law should be looking at the owners of dangerous dogs and that, “We shouldn't put something in permanent law that is a moving target.”

The Ohio Supreme Court in 2007 unanimously upheld the constitutionality of the state law and a Toledo ordinance that considers the pit bull to be the only dog breed inherently vicious.

The law defines a vicious dog as one that has killed or injured a person, killed another dog, or "belongs to a breed that is commonly known as a pit bull dog."

H. B. No. 79 will strike “pit bulls” from the law as well as the language that states: “ownership, keeping, or harboring of such a breed of dog shall be prima-facie evidence of the ownership, keeping, or harboring of a vicious dog."

Contact Your Legislators Today!
To find your Ohio legislator, click here. Your support is needed to pass H.B. 79.

1. Provide your name and address in your email, at the end of your letter AND on the envelope or during the phone call.
Legislators want to know that you are one of the people they represent.

2. Ask your legislators to support H.B. 79.

3. Give reasons and examples
Chose from the list below or share your own. Remember to be always be respectful and avoid being emotional. This is your chance to educate someone about effective ways to manage truly dangerous dogs.

• Studies show that an interaction of a broad complex of human, canine, and environmental factors contributed to dog bites—regardless of breed. National Canine Research Council.

• Breed profiling often fails. "Pit bull" is not a specific breed. It is a generic term that describes the American pit bull terrier, American Staffordshire terrier and Staffordshire bull terrier. The physical traits and characteristics of "pit bulls" are shared by approximately twenty-five (25) other breeds.

• Breed discriminatory laws cause unintended hardship to responsible owners of friendly dogs that happen to fall within the regulated breed category.

• Breed-discriminatory laws compromise public safety by requiring officers to enforce regulation on dogs that may or may not be dangerous instead of investing resources into proven, effective tactics that make the community safer.

• A dog is an individual with its own personality. It should be judged on its temperament and not its appearance.

*Best Friends Animal Society supports this legislation.

Stock photo by Clay Myers, Best Friends Staff
Posted by Cheri Moon, Best Friends Staff
Comments
Posted July 01, 2009, 8:31AM by dedonithan
Ohio's laws are some of the most unfriendly to animals in the country. I am an attorney, dog rescuer and worked at Katrina with many pit buills, and I support Rep. Sears amendment to ORD 955.11.
Posted March 24, 2009, 1:51PM by Eimichan
On what date does the legislature vote on HB 79? I want to contact my state reps, but Life is crazy right now. I'd just like to write a well thought out letter...and it would be great to know how much time I have to do so! Thanks so much!

For a cute, related "aside", check out: http://dailyprovision.wordpress.com/2009/03/22/who-is-really-at-risk/

Amy Butcher,
Ohio
Posted March 19, 2009, 1:39PM by MonikaSwiss
Thank you Barbara Sears for your support in this issue - it is high times that humans will be held responsible for their actions, not innocent targets such as dogs.... a ban just excuses the human's crimes and failures and will never make any city safer. The profiling of a certain breed is pure prejudgment, as the responsible party of any dog is ALWAYS on the other side of the leash. EVERY dog is born innocent and has true potential to be the perfect pet and it would be more appropriate to introduce mandatory dog ownership classes (such as existent in Switzerland) and implementing tougher dangerous dog laws, that will not only protect the innocent dogs from being killed by the thousands, but also from being abused, tortured and exploited by deranged individuals out for their own personal gain.
I hope your bill passes and urge everyone to support this.
Posted March 24, 2009, 12:39PM by nicol
HB 79 has been assigned to the Agriculture and Natural Resources Committee. Just as a reminder, HB 79 would amend § 955.11 of the Ohio Revised Code to remove "pit bulls" from the definition of "vicious dog" in state law.

Please take a moment to write letters of SUPPORT for Representative Sears' bill that would remove the "pit bull" clause from Ohio's vicious dog law.

Members Agriculture and Natural
Resource Committee

John Domenick
Phone: (614) 466-3735
Fax: (614) 719-6995
Email: district95@ohr.state.oh.us

Alan Sayre
Phone: (614) 466-8035
Fax: (614) 719-6996
Email: district96@ohr.state.oh.us

Linda Bolon
Phone: (614) 466-8022
Fax: (614) 719-6971
Email: district01@ohr.state.oh.us

Dan Dodd
Phone: (614) 466-2500
Fax: (614) 719-6991
Email: district91@ohr.state.oh.us

Jennifer Garrison
Phone: (614) 644-8728
Fax: (614) 719-6993
Email: district93@ohr.state.oh.us

Dennis Murray
Phone: (614) 644-6011
Fax: (614) 719-6980
Email: district80@ohr.state.oh.us

Deborah Newcomb
Phone: (614) 466-1405
Fax: (614) 719-6999
Email: district99@ohr.state.oh.us

Mark Okey
Phone: (614) 466-1464
Fax: (614) 719-3961
Email: district61@ohr.state.oh.us

Raymond Pryor
Phone: (614) 644-7928
Fax: (614) 719-6985
Email: district85@ohr.state.oh.us

W. Carlton Weddington
Phone: (614) 466-5343
Fax: (614) 719-3581
Email: district27@ohr.state.oh.us

Jeff Wagner
Phone: (614) 466-1374
Fax: (614) 719-6981
Email: district81@ohr.state.oh.us

Richard Adams
Phone: (614) 466-8114
Fax: (614) 719-3979
Email: district79@ohr.state.oh.us

Troy Balderson
Phone: (614) 644-6014
Fax: (614) 719-6994
Email: district94@ohr.state.oh.us

Terry Boose
Phone: (614) 466-9628
Fax: (614) 719-3958
Email: district58@ohr.state.oh.us

Timothy Derickson
Phone: (614) 644-5094
Fax: (614) 719-6953
Email: district53@ohr.state.oh.us

Matthew J. Dolan
Phone: (614) 644-5088
Fax: (614) 719-6998
Email: district98@ohr.state.oh.us

Dave Hall
Phone: (614) 466-2994
Fax: (614) 719-6997
Email: district97@ohr.state.oh.us

Margaret Ruhl
Phone: (614) 466-1431
Fax: (614) 719-6990
Email: district90@ohr.state.oh.us

James Zehringer
Phone: (614) 466-6344
Fax: (614) 719-3977
Email: district77@ohr.state.oh.us

In addition, OHIO RESIDENTS should contact their respective district representatives to encourage them to support HB79. You can find your local representatives on the home page of the Ohio Legislature website.

Finally, please write to Representative Sears to thank her for sponsoring HB 79 and bringing their very important issue to the floor:

Barbara R. Sears ( R )
Representative
77 S. High St
10th Floor
Columbus, OH
43215-6111
Tel: (614) 466-1731
Fax: (614) 719-6946
Email: district46@ohr.state.oh.us

If you would like to write to the representatives via snail mail, all correspondence should be sent to The Honorable ____________, 77 South High Street, Columbus, Ohio 43215-6111.

It would be an incredible achievment to have the breed specific language removed from Ohio's state law. So please write TODAY...this issue is too important to put off!
Posted March 19, 2009, 12:39PM by fastfidos
Everyone from all over the US should rally behind the people of Ohio and contact the Ohio State Legislature & let them know that HB 79 is a step in the right direction! Let them know that the entire country is watching what they do! Contact House Speaker Armond Budish at district08@ohr.state.oh.us
Posted March 19, 2009, 6:16PM by nicol
Ohio residents - please write to your elected officials asap. if you do nothing, nothing will change. please feel free to take/ change/ add/ delete/ edit the following, but do SOMETHING!

Dear

I am writing to ask that you support H.B. 79, introduced by Rep. Barbara Sears (R., Sylvania).

BSL is based on misinformation and ignorance, and therefore needs to be removed in Ohio. There is no such thing as a dangerous or aggressive dog, only dangerous and aggressive people. Dogs are a reflection of their people, and the way they have been treated and trained… nothing more, nothing less. Ill-intentioned people will continue
to act in this way until you target THEM. That is why you must go after the owners. If you don’t stop the problem at the correct end of the leash, the problem will never go away. Eradicating breeds will not increase the safety of any town or state.

Breed bans do not work and this has been proven in various European countries, as well as in the those parts of the US that have BSL.

Instead of BSL, please implement laws that promote responsible dog ownership and punish those that abuse, neglect, mistreat or who are in any way irresponsible. Implement generic dangerous dog laws that go after all dangerous and neglectful owners and dogs, no matter what the breed. This makes far more sense and is the only truly effective tool, as it will ensure that Ohio is TRULY safe and will not discriminate against innocent dogs and their responsible owners.

Breed specific ordinance does NOT result in a reduced number of dog bites nor effectively manage truly dangerous dogs. Rather than breed-discriminatory restrictions, Ohio should mirror good generic dangerous dog/reckless owner laws that exist elsewhere.

Some of these laws include regulations that:
• Enforce stricter consequences for dog fighting.
• Enforce stricter consequences for all types of dog abuse, neglect, mistreatment .
• Require residents to spay/neuter their pets.
• Effectively identify and manage truly dangerous owners and their dogs.
• Protect innocent dogs and responsible owners.
• Make it illegal to tether, chain or force a dog to live outside.
• Prevent reckless/irresponsible/abusive owners from having dogs.
• Implement laws which require dog owners to take a theoretical & hands-on course and pass an exam before getting a license that will allow them to own a dog.

You may be interested to know that in temperament tests, the three breeds that fall under the term “pit bull” scored an average of 85.7%. This is higher than the Golden Retriever.

AMERICAN PIT BULL TERRIER
85.3%

AMERICAN STAFFORDSHIRE TERRIER
83.9%

STAFFORDSHIRE BULL TERRIER
88.0%

AVERAGE
85.7%

GOLDEN RETRIEVER
84.6%

For more info please see: http://www.atts.org/about.html

• A study conducted by the American Veterinary Medical Association concluded that it is factors separate from a dog's breed that affect a dog's tendency to be aggressive

• In 2006, 97 percent of all dog related human fatalities in the United States involved unsterilized canines (National Canine Research Council).

• In Baltimore, Maryland, taxpayers spent an alarming $750,000 towards BDL in 2001.

• Breed profiling often fails. "Pit bull" is not a specific breed. It is a generic term that describes the American pit bull terrier, American Staffordshire terrier and Staffordshire bull terrier. The physical traits and characteristics of "pit bulls" are shared by approximately twenty-five (25) other breeds.

• Breed discriminatory laws cause unintended hardship to responsible owners of friendly dogs that happen to fall within the regulated breed category.

• Breed-discriminatory laws comprom
Posted March 19, 2009, 4:28PM by nicol
Thank you Barbara Sears for exhibiting common sense and listening to the facts on BSL. BSL does not work. This has been proven in Europe and in the US. There is no such thing as a dangerous or aggressive dog, only dangerous and aggressive people. Dogs are a reflection of their people, and the way they have been treated and trained by their people… nothing more, nothing less. That is why it is imperative to go after the correct end of the leash. It is much more effective to implement laws that promote responsible dog ownership and punish those that abuse, neglect, mistreat and who are in any way irresponsible. Implement generic dangerous dog laws that go after all dangerous and neglectful owners, no matter what the breed. This is the only truly effective tool as it will ensure that your citizens are TRULY safe and will not discriminate against innocent dogs and their responsible owners.
Posted March 19, 2009, 12:55AM by councilmanmark
This is more than overdue. BSL is the last bastion of unconstitutionality supporting discrimination. BSL which is adopted as law by human against animals is the the functional equivalent of making a ridiculous statement to support a the proposition that people of color, of certain religions, of emigrating from certain countries of origin, people who speak certain languages should be discrimintated against because us primates who have not taken the opportunity seriously to get to know them allocate our time to discriminate against them instead because it's much easier. Ohio is the only state to impose BSL on a state vs. city or county basis. They have likely seen the exorbitant costs to other places that have BSL and know that these costs of discriminating against their own taxpayers and voters is not going to sit well with them when dog bites as a result of their BSL trials have not scientifcally resulted in any less dog bites, and the fact that in most jurisdictions the dogs that do bite comprise 75% or larger annual incidents than the breeds they condemn to a summary execution after seizing them from citizens yards without a prior hearing, notice and opportunity to be heard, and the potential personal liability of elected officials who support BSL under 42USC1938. Civil Rights of citizens by elected officals under this code are personally liable when they enact, support existing statutes under "color of authority" that violates a citizens guaranteed Constitutional Rights. Ohio would be smart to abolish this discriminatory statute before someone takes them to task. Perhaps they have been watching www.denverkillsdogs.com, or www.roverlution.org. Just a word to the wise, every dog has his or her day and ours is coming soon. .
Posted March 24, 2009, 1:50PM by Eimichan
On what date does the legislature vote on HB 79? I want to contact my state reps, but Life is crazy right now. I'd just like to write a well thought out letter...and it would be great to know how much time I have to do so! Thanks so much!

For a cute, related "aside", check out: http://dailyprovision.wordpress.com/2009/03/22/who-is-really-at-risk/

Amy Butcher,
Ohio

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