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Alert: Breed Discriminatory Bill Introduced in Montana

January 08, 2009, 9:33AM MT

By Jennifer S Hayes

HB 191 puts American pit bull terriers and mutts at risk!

HB 191 puts American pit bull terriers and mutts at risk!

By Ledy Vankavage, Best Friends staff

Montana House Bill 191 was introduced on January 7th by Rep. Robyn Driscoll. Montana residents, please CALL and write YOUR state legislators asking them to oppose HB 191.

Best Friends Animal Society opposes “canine profiling.” This inhumane bill would outlaw “pit bull terriers.” It defines “pit bulls” as Staffordshire bull terriers, American Staffordshire terriers, American pit bull terriers, American bulldogs, and any dog that has the physical characteristics that substantially conform to the standards established for those breeds by the American Kennel Club or the United Kennel Club.

In essence any muscular short-haired mixed breed dog could be removed from their guardians and killed. The guardian would have the expense of proving that their dog was not a “pit bull.”

The bill would grandfather in existing dogs whose guardians register them as “pit bulls,” but would destroy any “pit bull” that is not registered.

Montanans, take action and please contact YOUR state legislator and politely ask them to oppose HB 191. Let them know that:

• The problem of dangerous dogs is not remedied by the quick fix of breed-discriminatory laws. All dogs can bite. Studies of pre and post breed ban dog bite rates in the United Kingdom and Spain concluded that their pit bull breed bans had no affect whatsoever on reducing dog bites.

• Moreover, in its study of human fatalities resulting from dog bites, the Centers for Disease Control did not support the breed specific approach. The CDC noted many other factors beyond a dogs breed may affect a dog’s tendency toward aggression – things such as reproductive status, heredity, sex, early experience, and socialization and training. These concerns seem well-founded given that more than 70% of all dog bite cases involve unsterilized male dogs, and an unneutered male dog is 2.6 times more likely to bite than a neutered dog. In 2006, 97% of all dog related human fatalities in the United States involved unsterilized canines.

• Another insidious problem seen with canine profiling is the potential for abuse. The result is selective enforcement that sometimes is triggered simply by the ethnic background of the owner.

• Breed discriminatory laws cause unintended hardship to responsible owners of entirely friendly, properly supervised and well-socialized dogs that happen to fall within the regulated breed category. Although these dog owners have done nothing to endanger the public, they may be forced by the municipality to either give up their dogs or move out of their home. The pets that are given up are killed.

• The most harmful consequence of breed-discriminatory laws is their tendency to compromise rather than enhance public safety. Resources are shifted away from routine, effective enforcement of laws that have the best change of making our communities safer: leash laws, dog license laws, spay/neuter laws and animal fighting laws.

• Rather than breed-discriminatory restrictions, animal control laws should allow hearings where animal control wardens or law enforcement officers can declare any dog to be “dangerous” regardless of its breed if it attacks a person or companion animal without justification and causes serious physical injury or death, or behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons or companion animals. Any dog that is found to be “dangerous” should be required to be:

1. Spayed or Neutered. Studies have shown that more than 70% of bite cases come from animals that are not neutered. If a dog is found to be “dangerous,” it should be mandated that it be spayed or neutered.
2. Micro chipped. If a dog is found to be “dangerous,” it should be required to be micro chipped so there is a permanent identification of the dog. Dogs of some breeds are easy to confuse, especially if the owner has multiple dogs of the same breed.
3. Muzzled. All “dangerous dogs” should be required to be muzzled when in a public place, and walked by a person at least 18 years of age.

Legislators should also consider:

• Restricting Tethering. 25% of all fatal dog attacks involve tethered dogs. Most dog fighters chain their animals.
• Prevent Reckless Owners from owning dogs. Minnesota prohibits repeat reckless owners of dogs deemed dangerous from owning dogs in their state. Illinois prevents convicted felons from owning unsterilized dogs.

HOW YOU CAN HELP:

? All concerned Montana dog owners should contact their elected representatives and express their strong opposition to this breed-discriminatory legislation. Please ask that he/she oppose HB 191.

Not sure who represents you? Click here to find out by inputting your zip code.

Thanks for taking action for animals. Politics is not a spectator sport!

? Join the Stop BSL community for more information on how you can help stop breed specific legislation.

For more information:
• Montana House Bill 191
• Community Safety Program (alternative to BSL)

**Best Friends Animal Society does not support this legislation. For more information on how animal legislation is reported on the Best Friends Network, click here.

Posted by Jennifer Hayes, Best Friends staff
Photo credit: taken by Jennifer Hayes

Comments

Posted February 23, 2009, 4:8PM by kathyg100

The legislature is now trying to ban wolf hybrids from the state, and it has passed the senate 50 to 0. Like pit bulls, these dogs have a terrible public persona but are the sweetest, most intelligent dogs I have ever owned. I have had numerous wolf dogs and all were non-aggressive.

I am wondering if you would be willing to write a letter of opposition for yet another breed specific ban in Montana? I have put together lots of information on how other states deal with the breed and only Wyoming has a ban. The legislation threatens to destroy dogs whose owners do not comply with the tattooing and registration requirements (including pictures and genetic material samples). What if someone has a malamute cross and doesn't know it has wolf?

Anyway, I am trying to access the hearing records to see who testified and if any pit bull people would be willing to help out our cause.

Posted January 11, 2009, 5:11PM by d2or3

Folks, I'd also visit -- and send to the officials -- the Montana stats from the Nat'l Canine Research Council:
http://www.nationalcanineresearchcouncil.com/MontanaStats.asp

The stats overwhelming prove that banning a breed is NOT the answer. Montana has joined the hysteria, and it's all false.

Over the past 43 years (1965 - present) there have been three (3) fatal dog attacks in Montana, or an average of one (1) fatality every 14 years.

Three different breeds/types of dogs have been identified as being involved in a fatal attack in Montana.

The victims were: 3 children

All the dogs involved in fatal attacks in Montana were intact (not spayed or neutered).

All three cases involved unsupervised children left alone in a yard with unfamiliar dogs (2 cases) or the child wandering off and encountering an unfamiliar, chained dog (1 case).

In spite of reckless or negligent ownership practices of some dog owners, dogs still pose an incredibly low risk for causing a fatality:

Fatal Dog Attacks in Montana as Compared to Other Selected Risks:

Snapshot of Montana: Year 2005

Persons killed by dogs: 0
Bicycle-related deaths: 4
Persons drowned in tubs or swimming pools: 4
ATV-related fatalities: 7
Alcohol-related traffic fatalities: 125
Total traffic fatalities (alcohol & non): 251
Tobacco-related deaths: 1,400

Posted January 08, 2009, 7:19PM by ncstorace

This is terrible. What can you do if you don't live in Montana?? Can Best Friends intervene with some facts?? Please also look up the Sports Illustrated article on pit bulls (just was on the BF site).

Posted January 16, 2009, 2:9AM by betvet1

This is absolutely unfair. These are babies. They are just like a child, they only do as they are taught. You teach them love, and thats all they're gonna know is love. I've had them for years and never had any meaness at all in them. They're just like any other animal, mine have all been perfect pound puppies. The only law that should be involved here is one that states, THEY, the ones trying to make these awful rules, take one of these babies each, home with them for a while and just see for themselves what angels they can be. Then you would see a big change of hearts. Thanks for the opportunity, BJK

Posted January 10, 2009, 2:52PM by kirkd13

OK so this is like, let's say someone driving a green Chevrolet pickup truck runs a red light and injures an innocent driver. So the solution, according to this bill, is, of course - outlaw green Chevrolet pickup trucks. If the people who sponsor and support this bill would do their homework, and a little research, they would find that this has never been an effective solution. It is not the answer. All this proves is that people who support this kind of law don't know anything about dogs.

Posted January 22, 2009, 10:54PM by snickers83

Thank You Thank You so much for the update

Posted January 09, 2009, 9:36PM by snickers83

As the owner of a hurricane Katrina big headed bulldog mix and living in Montana I am very concerned about this bill. She is spayed and would be grandfathered in but would be required to wear a muzzle when she leaves my house. She loves everyone and gets along with all other animals but because of her looks she would be a subjected to this law.
My concern is who is to decide what looks like a pit as defined by that law. Will boxers, mastiffs,bulldogs and other large headed breeds/crosses all be condemned to be euthanized if they are brought into the state after the law goes into effect?
I am not sure if I can post the link to the Committee on this bill or not so I won't but the helpful thing would be to contact them with your opinion.

Posted January 11, 2009, 11:1PM by Fuzzymuffin

Through contacting people today I found out Robyn Driscoll has received hundreds of emails as have the people on the committee where the bill is. Some people have heard back from their reps who stated they would not vote for this flawed bill. I think public opinion will win out.

Posted January 16, 2009, 12:53PM by danny_loves_dogs

People of Montana. I do not live in your fine state but when BSL is the issue I do not look at state lines. If you want too see what happens when state officials trample your rights as American citizens go to these web sites and read:
denverkillsdogs.com and roverlution.org .
Read about regular every day citizens being turned into criminals for having a large breed dog. You want to know who will determine weather your dog has pit in him ? The police officer that comes into your house with guns drawn and any high school grad, if they have that much education, that works for animal control. All real animal experts in that group eehhh. Just wait until your grumpy
neighbor calls the police and tells them you have a big headed dog. They come with guns drawn and they will take your dog. Then you have to prove he is not a pit. That's right, the burden of proof is on you. Ms. Driscoll and the rest of the keystone cops, sorry I get emotional, committee has received correspondence from me and will continue to hear from me daily until this non sense is put to rest. It's time for a gathering, with pitch forks, pick axis, torches and shovels, at the state house where this debacle began. If the people of Montana don't step up now, you deserve what you will get and I pittie the dogs.

Posted January 20, 2009, 1:9PM by Fuzzymuffin

Please, people, come to the Capital day after tomorrow and speak about this! During the hearing they open up the floor for people to come up and state that they are for or against this bill and why.

http://laws.leg.mt.gov/laws09/LAW0203W$BSRV.ActionQuery?P_BLTP_BILL_TYP_CD=HB&P_BILL_NO=191&P_BILL_DFT_NO=&P_CHPT_NO=&Z_ACTION=Find&P_SBJ_DESCR=Local+Government++%28see+also%3A+City+Subjects%3B+County+Subjects%29&P_SBJT_SBJ_CD=LG&P_LST_NM1=Driscoll%2C+Robyn+&;

Posted January 22, 2009, 10:39PM by Fuzzymuffin

I attended the hearing today at the Capital. The proponents who testified were few. Rep. Driscoll gives a good speech but it contained errors. The opponents, in my estimate, numbered 200 or more. Dave Pauli, the Regional guy for HSUS was the first opponent to speak. They only allowed 20 minutes for speech so very few people were heard. There's a report on a Montana canine group that the bill was already killed in committee today.

Posted January 22, 2009, 10:8PM by Fuzzymuffin

Posted January 14, 2009, 9:50PM by snickers83

I hope people are still need contacting their Representatives to oppose this bill

Posted January 20, 2009, 9:12PM by snickers83

Please if you can show up to oppose this bill. The Reps need to know that this is not the right bill. They need to be educated about breeds

Posted January 11, 2009, 2:42PM by snickers83

Thank You Fuzzymuffin. Thank You also for helping the animals in our state. I have sent emails to all of the members of the Committee of HB 191 ( that had email addresses) and I have heard back from the chair. I sent her a link to the find the pit test on the web and also a link to Lawdogsusa organization.

Posted January 20, 2009, 8:6PM by Desertponder

My prayers are with those of you in Montana. This bill must be stopped. I've signed petitions and written a letter to the committee members.
This bill if passed could start a domino effect around the country.
Montana needs to get their act together and handle animal welfare appropriately and not take the knee-jerk route.
I wish I could be there to help speak for you and all your beloved dogs.

Posted January 08, 2009, 10:15AM by cambridgeratmom

When will politicians ever learn? Have they not done their homework? Understood the facts? Montanans, stop this madness!

Posted January 10, 2009, 6:0PM by snickers83

According to this law not just green Chevrolet pickup would be banned BUT anything green, looks like a Chevy, has a Chevy. or is a pickup could be banned depending on who is looking at it and making that judgment call. After the law was enacted anyone bringing any dog that looks like it may be part pit ( that part is wide open as to who will decide that or what will be considered as the characteristics on Kennel Club's list ) would be euthanized. EVEN if the dog is not aggressive towards humans or animals. So a big head and stocky body could be enough to have your family pet euthanized if it isn't registered or if you bring it into the state.
Even with the law your registered mixed breed dog could not be off your property without a muzzle to be walked or taken to the vet.
If your sweet unregistered mixed breed dog wanders off your property no matter how sweet and non agressive it is it would be euthanized.
I have seen a few stocky big headed lab mixes over the years that wouldn't hurt a flea. But again it will depend on who ever is making the judgment call as to what the mix is and if the dog will have to be euthanized.

Posted January 17, 2009, 2:12PM by snickers83

Hearing Set for Bill to Kill All the Pit Bulls in Montana
http://www.animallawcoalition.com/breed-bans/article/650

Posted January 20, 2009, 12:17PM by carmonc2

why is it that these beautiful dogs have always be ripped at! I have seen more little dogs try and go after humans and other dogs than i have pit bulls! Leave the dogs alone! this is ridiculous ! How would you like it if people just came to your house and told you that your dog was going to taken away just because!?! That is how if feels, it is sick! We as people can't even have the dogs we love in our lives because they have this "bad" rep.! PLEASE do something better in your lives and leave the dogs alone!! They are like children to us!! This is not right leave them be please!

Posted January 11, 2009, 12:4PM by Fuzzymuffin

I am very angry at the stupidity of this!!! I live in the capital city of Montana, Helena, and I am notifying everyone I know about this today. I volunteer at the Lewis and clark Humane Society and pit bulls are not a problem!!!