Dogs that look like Pit Bull mixes, like
our Johnny Cash here, are in danger
of being seized and killed
under the Miami-Dade ordinance.
A court ruled Miami-Dade's 20 year ban on pit bulls was too vague in defining "pit bull" and unfairly let animal control officers basically guess whether a dog is a pit bull. This lawsuit pertained to a dog named Apollo specifically, and opens the door to a broader lawsuit against the ban.
Miami Coalition Against Breed Specific Legislation (MCABSL) and Animal Law Coalition applaud a court ruling that the Miami Dade County Pit Bull ban is too vague, and the county cannot enforce the finding by animal control that a dog is a pit bull that must be euthanized or removed from the county.
The ruling came in a case challenging the finding by Miami Dade County Animal Control that a family pet named Apollo was a “pit bull” that must be removed from the county or euthanized.
The county bans all dogs that “substantially conform” to American Kennel Club standards for American Staffordshire Terriers or Staffordshire Bull Terriers or United Kennel Club standards for American Pit Bull Terriers.
To determine if a dog substantially conforms to these standards, animal control uses a chart that lists 15 body parts such as “head”, “neck”, “lips”, “chest”, “eyes”, “tail”, “hind legs”, etc. The officer places a check mark to indicate whether each characteristic conforms or not to a pit bull. If 3 or more characteristics are checked “conform”, the dog is declared a pit bull.
Rima Bardawil, the attorney for Apollo, pointed out that there is no such chart authorized by the ordinance and it is not clear what standards animal control is using in making its determinations.
Also, Dahlia Canes, executive director of MCABSL, testified that animal control is “constantly” mis-identifying the breeds of dogs. She told the court about one dog that was declared by an animal control officer to be a pit bull mix and ordered euthanized. Canes arranged to have the dog re-evaluated and he was determined to be a mastiff mix. The dog was then adopted to a family in Miami-Dade County.
In this case the animal control officer photographed Apollo from several feet away and then using the photo, picked 3 body parts he said he thought conformed to pit bull standards, whatever those are.
As Canes pointed out later, “Many breeds of dogs and mixes have the same or similar traits. It is impossible to determine breed this way. Seriously, you are going to say a dog is a pit bull based on 3 traits like round eyes, broad shoulders and a muscular body? Dogs are many times genetically a mix of many different breeds. The judge agreed. This proves breed shouldn’t be a factor in deciding whether a dog presents a danger.”
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Miami Coalition Against Breed Specific Legislation was formed in 2008 to end Miami Dade County's pit bull ban. For more information and how you can help, visit www.mcabsl.wildapricot.org
Animal Law Coalition works to stop animal cruelty and suffering through legislation, administrative agency action, and litigation. ALC offers legal analysis of the difficult and controversial issues relating to animals. Visit www.animallawcoalition.com for more information.
Comments
I'm surprised at this-- You can watch Animal Planet's rescue shows and see them remove banned Pitbulls. Of course those are shown adopted to people outside the county. Im surprised they set it up that way and were able to keep th ban standing for 20 yrs.
Just to be clear... This admin. hearing, regarding Apollo, that was won on March 18th in Miami was won due to the endless efforts of many awesome volunteers for the Miami Coalition Against BSL, our AMAZING attorney, Rima Bardawil, whom has donated her time pro bono, and the Coalition's two directors, Dahlia Canes and Edel Miedes. Edel is also the animal behaviorist with www.K9ADVISORS.com that testified for many hours and was able to prove to the hearing officer that Apollo was not a pit bull based on the standards used by Miami-Dade County and that, furthermore, the current system that Miami-Dade County uses to determine what is a pitbull that is banned from the county is inaccurate, unjust, and simply illegal. UKC standards used (from Jan. 1st 1978) are outdated and ineffective in identifying a pitbull per the UKC. Dahlia and Edel had previously given Miami-Dade County and its assistant county attorney, Dennis Kerbel, a written letter, which was written by the legislative department of the UKC, stating that Miami-Dade County MUST cease and desist using the UKC standards for the purposes of banning a breed. Dennis Kerbel's answer directly to Edel Miedes was "we need to see a lawsuit" in order to pay any attention. So, Kerbel basically wants Miami-Dade County tax-payers to spend their money on defending a law suit that the county will certainly lose, just to validate his job! In addition, during this victorious hearing, our attorney, Rima, was also able to show that the outdadted AKC standards for Staffordshire Terriers and Bull Staffordshire Terriers are actually not incorporated into the ordinace. In addition, Rima also proved that Miami-Dade County has illegally been conducting these hearings as they are not following specific guidelines set forth by Florida State statute.
Kerbel, you wanted a law suit to blow county residents' money with this economy, as the county is also asking for more money to build a stadium for multi-billionaires that own the Florida Marlins? You think a law suit will help you keep your job? Well, I got news for you.. you're going to end up losing your job when you get your ass handed to you in a court of law!!
The fight is on!!!
Edel Miedes
Dog Trainer and Behaviorist
K9 ADVISORS
www.K9ADVISORS.com
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