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NEWSFLASH: OHIO DOG LAW LEGISLATIVE UPDATE!

From AKC (9-27-2004): Court Declares part of Ohio's Dangerous Dog Law Unconstitutional

In a landmark 4-3 decision handed down on September 22nd, the Supreme Court of Ohio ruled that a statute penalizing owners of dangerous dogs who fail to buy liability insurance and properly confine their animals was unconstitutional. The Court held that (R.C. 955.22) violated a dog owner's right to due process because it did not provide owners with an opportunity to appeal a dangerous dog determination at an adminstrative hearing. The ruling affirmed that since the statute imposed significant restrictions and expenses on a person's property (in this case, their dogs), owners have a constituional right to be heard and defend their property. This decision is likely to have a significant impact on all Ohio dog owners as city and state officials consider revisions to the state's dangerous dog law in order to close this constitutional loophole. Ohio is currently the only state with a breed-specific dangerous dog statute, which automatically deems "pit bulls" vicious, and in rewriting the law, legislators could use this opportunity to target more breeds or impose additional restrictions on owners. On the positive side, the ruling opens a door for dog owners who have been attempting for many years to repeal Ohio's breed-specific law and make other much needed improvements to the law. The American Kennel Club strongly supports reasonable, enforceable non-discriminatory laws designed to keep communities safe for both people and dogs, and we believe that owners should be responsible for their dogs. We support laws that: establish a fair process by which specific dogs are identified as 'dangerous' based on stated, measurable actions. Such a process should include the right to appeal dangerous dog determination before a municipal court or hearing board; impose appropriate penalties on irresponsible owners; establish a well-defined method for dealing with dogs proven to be dangerous; do not single out specific breeds of dogs. Deeds, not breeds should be addressed.

What You Can Do:

Ohio dog owners are strongly encouraged to contact their city, county and state legislators and urge them to support a revised dangerous dog law that includes the points above. It is extremely important that officials hear from responsible dog owners on this issue.

OHIO DOG LAW - Legal Memorandum and Summary by the Buckeye Bull Terrier Club


The Buckeye Bull Terrier Club supports the AKC position on fair and equitable and does not support the existing Ohio dog law in any way.

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            Cynthia Lord Ruddy  Artwork used by permission

 

THE BULL TERRIER IS NOT A PIT BULL DOG

 
 
 
 

LEGAL MEMORANDUM AND SUMMARY

BY THE BUCKEYE BULL TERRIER CLUB
 
 
 
 

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August 1, 1999

TABLE OF CONTENTS

 

I. Introduction

II. Executive Summary

III. Memorandum of Law

IV. AKC Description of Breed

V. History of the Breed

VI. Opinions of Experts

VII. Other Supporting Documentation

        A.  Statement from AKC Board Chairman David C. Merriam

        B.  Illustrations of commonly confused bull and terrier breeds

  1.   INTRODUCTION

      In defining vicious dogs, the Ohio Revised Code Section 955 11(A)(4)(a)(iii) includes dogs that belong "to a breed that is commonly known as a pit bull dog." The Buckeye Bull Terrier Club (BBTC) has prepared this position paper to deal with the limited issue of whether the Bull Terrier, an AKC recognized breed, can be classified as a breed "commonly known as a pit bull dog."

      The purpose of this paper is limited to this issue. However, the BBTC in no way suggests support of Ohio's vicious dog law. The BBTC believes vicious dogs are defined by their actions, not their breed. The fact that this position paper is necessary to protect our dogs shows how the law is arbitrary and capricious.

      This paper arose from the discovery that a dog official in Ohio incorrectly classified Bull Terriers as vicious dogs based on an incorrect interpretation of Ohio's vicious dog law.

  1. EXECUTIVE SUMMARY
 

 Ohio law provides three critical measures for determining whether a breed of dog is "commonly known as a pit bull dog." A Bull Terrier does not meet any of these criteria. While a Bull Terrier does have some of the characteristics of dogs defined as pit bulls " for example, it is a short-haired, strong dog " the Bull Terrier is clearly not a breed covered by the Ohio vicious dog law as interpreted by the Ohio Supreme Court.

      This summary briefly states the most obvious divergences of the Bull Terrier from the defined characteristics of the "pit bull dog."

Physical characteristics

      The Bull Terrier does not meet the criteria set forth in defining the physical characteristics of a "pit bull dog." Most notably, the breed does not have a "short, squatty body," a "large, flat head" or "good width and length of jaw." According to the AKC breed standard, the Bull Terrier should be "of moderate (height)" with a "full face ... oval in outline ... i.e., egg shaped (head)." please see akc breed standard and illustration, section iv.  in addition, no scientific test has proven the bull terrier bites with strength of 2000 pounds per square inch. 

behavioral characteristics

      the bull terrier does not meet the criteria set forth in defining the behavioral characteristics of a "pit bull dog." most notably, the breed does not exhibit an "unusual relentless ferocity or extreme concentration on fighting and attacking," nor "the ability to be extremely aggressive" nor does it have a documented weight-pulling ability.

      according to jacqueline fraser, author of "muscles and merriment" (dog fancy, february 1991), "although courageous and energetic, the dog hinks called a bull terrier would rather frolic than fight." dr. daniel f. tortora, author of the right dog for you, describes the breed as emotionally stable dogs that are intermediate in dominance characteristics toward people and do not fall into the group of dogs that are dangerously aggressive toward dogs.  the akc breed description defines the bull terrier as "full of fire but of sweet disposition and amenable to discipline."

      the bull terrier is also not known for its weight-pulling ability. in the last three years of the international weight pulling association's championships, not a single competitor was a Bull Terrier.

Common Understanding of the Term "Pit Bull Dog"

      The Bull Terrier clearly is not understood as a "pit bull dog" through sources available to the average dog owner. The American Kennel Club and United Kennel Club, as well as any dog breed guide, clearly define the Bull Terrier as separate from a "pit bull dog." In the book The Pit Bull, author K.S. Matz writes, "By 1860, the bull-terrier had diverged into separate types -- the English Bull Terrier and the pit bull terrier. Even as late as 1884, after James Hinks' death, a distinction was made between the two. The former had become a show dog." In The World of Fighting Dogs, Dr. Carl Semenic writes, "Only a novice would include a Bull Terrier in the category of a pit bull, as they are not now used for, nor were they ever, successful pit fighters."

       Several members of the Buckeye Bull Terrier Club polled dog wardens in the following counties in May 1999 and found they did not classify Bull Terriers as "pit bull dogs" under Ohio's vicious dog law: Hamilton, Butler, Franklin, Madison, Licking, Delaware, Fairfield, Portage and Summit counties. 
 

 

      

III.    MEMORANDUM OF LAW

Issue: The issue presented is whether Bull Terriers "belong to a breed that is commonly known as a pit bull dog," thus classifying the breed as vicious dogs under the Ohio Revised Code 955.11(A)(4)(a)(iii). 

Law: State of Ohio v Anderson, (1991) 57 Ohio St 3d 168, 566 NE 2d 1224, cert den 501 US 1257, 115 LEd 2d 1067, 111 SCt 2904

      Anderson is the leading case on the issue of whether Bull Terriers are dogs commonly known as pit bull dogs. In this 1991 case, the Ohio Supreme Court ruled that the Ohio dog law labeling dogs "commonly known as pit bulls" as vicious was not void for vagueness. Ohio Appellate Courts had split on the issue of whether the law was so vague as not to inform citizens of their legal duty. The Supreme Court in a ruling citing numerous other cases on "pit bull bans" and the testimony of experts found that "Pit Bulls possess identifiable physical and behavioral traits. A dog lacking in these features is not a dog "commonly known as a pit bull dog."

      The Court laid out three sets of criteria in determining whether a dog was a pit bull. These criteria are:

      In the Court's words, "In sum, we believe that the physical and behavioral traits of pit bulls together with the commonly available knowledge typically acquired by potential dog owners or otherwise possessed by veterinarians or breeders are sufficient to inform a dog owner as to whether he owns a dog commonly known as a pit bull dog."

      The Court found the physical characteristics to include:

These physical traits were taken from three cases: Hearn, infra; Singer, infra; and State v Peters, infra; as well as the testimony of an American Kennel club expert.

      The Court found the behavioral traits to include those cited in Vanater, infra:

      The Court concluded by saying that the pit bull is not a recognized breed and that the American Kennel Club does not register or have a breed description of pit bulls because of their unsavory tendencies. 

Hearn v City of Overland Park (1989), 244 Kan 638, 722 P 2d 758, 80 ALR 4th 51, cert den (US) 107 LEd 2d 503, 110 SCt 500

State v Peters (Fla App, 1988), 534 SO 2d 760, 13 FLW 2517, review den (Fla) 542 SO 2d 1334

Vanater v South Point (Ohio, 1989), 717 F Supp 1236

Singer v Cincinnati (1990) 57 Ohio App 3d 1, 566 NE 2d 190

      Each of these cases dealt with the issue of whether a statute that regulated American Pit Bull Terriers, American Staffordshire Bull Terriers and Staffordshire Bull Terriers was unconstitutionally void for vagueness. In each case, the court stated that the statute was not void for vagueness. These were the main four cases relied on by the Ohio Supreme Court in Anderson to develop a physical and behavioral definition of a pit bull dog.

      The court in Hearn stated, "The present ordinance is interpreted to exclude doubtful cases from the scope of its regulation and therefore does not create an impermissibly vague standard." 

Kolender v Lawson (1983) 461 US 352, 75 LEd 2d 903, 103 SCt 1855, makes clear the long-standing rule that the void-for-vagueness doctrine "requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement." 

Conclusion: A criminal statute such as ORC 955.11(A)(4)(a)(iii) must define a criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited. Because of the requirement that criminal statutes must convey to ordinary citizens their responsibilities under the law, interpretation of ordinances must exclude doubtful cases from the scope of regulation.

      The Ohio Supreme Court determined that the phrase "breed commonly known as a pit bull dog" was not unconstitutionally vague. The Court went on the describe what ordinary people understand to be a "pit bull dog." The Supreme Court of Ohio developed the definition of "pit bull dog" from four court cases dealing with breed specific laws that regulated breeds of dogs other than the Bull Terrier.  As a factual matter, since Bull Terriers deviate substantially from the description given and from the common understanding of what constitutes a "pit bull dog," Bull Terriers are not a "breed commonly known as a pit bull dog" in Ohio. 
 
 

      The American Kennel Club, founded in 1884, is the nation's leading not-for profit organization dedicated to the study, breeding, exhibiting and advancement of purebred dogs. It operates the world's largest purebred dog registry, is affiliated with more than 4,300 U.S. dog clubs and approves and regulates more than 15,000 dog events annually.

      The Bull Terrier was accepted by the AKC in 1895. Following is the AKC's standard for the Bull Terrier, as most recently updated on July 9, 1974. 
 

                        Cynthia Lord Ruddy    Artwork Used by Permission

The White Bull Terrier

      The Bull Terrier must be strongly built, muscular, symmetrical and active, with a keen determined and intelligent expression, full of fire but of sweet disposition and amenable to discipline.

      Head: Should be long, strong and deep right to the end of the muzzle, but not coarse. Full face it should be oval in outline and be filled completely up giving the impression of fullness with a surface devoid of hollows or indentations, i.e., egg shaped. In profile it should curve gently downwards from the top of the skull to the tip of the nose. The forehead should be flat across from ear to ear. The distance from the tip of the nose to the eyes should be perceptibly greater than that from the eyes to the top of the skull. The underjaw should be deep and well defined.

      Lips: Should be clean and tight.

      Teeth: Should meet in either a level or in a scissors bite. In the scissors bite the upper teeth should fit in front of and closely against the lower teeth, and they should be sound, strong and perfectly regular.

      Ears: Should be small, thin and placed close together. They should be capable of being held stiffly erect, when they should point upwards.

      Eyes: Should be well sunken and as dark as possible, with a piercing glint and they should be small, triangular and obliquely placed; set near together and high up on the dog's head. Blue eyes are a disqualification.

      Nose: Should be black, with well-developed nostrils bent downward at the tip.

      Neck: Should be very muscular, long, arched and clean, tapering from the shoulders to the head and it should be free from loose skin.

      Chest: Should be broad when viewed from in front, and there should be great depth from withers to brisket, so that the latter is nearer the ground than the belly.

      Body: Should be well rounded with marked spring of rib, the back should be short and strong. The back ribs deep. Slightly arched over the loin. The shoulders should be strong and muscular but without heaviness. The shoulder blades should be wide and flat and there should be a very pronounced backward slope from the bottom edge of the blade to the top edge. Behind the shoulders there should be no slackness or dip at the withers. The underline from the brisket to the belly should form a graceful upward curve.

      Legs: Should be big boned but not to the point of coarseness; the forelegs should be of moderate length, perfectly straight, and the dog must stand firmly upon them. The elbows must turn neither in nor out, and the pasterns should be strong and upright. The hind legs should be parallel viewed from behind. The thighs very muscular with hocks well let down. Hind pasterns short and upright. The stifle joint should be well bent with a well-developed second thigh.

      Feet: Round and compact with well-arched toes like a cat.

      Tail: Should be short, set on low, fine, and ideally should be carried horizontally. It should be thick where it joins the body, and should taper to a fine point.

      Coat: Should be short, flat, harsh to the touch and with a fine gloss. The dog's skin should fit tightly.

      Color: Is white though markings on the head are permissible. Any markings elsewhere on the coat are to be severely faulted. Skin pigmentation is not to be penalized.

      Movement: The dog shall move smoothly, covering the ground with free, easy strides, fore and hind legs should move parallel each to each when viewed from in front or behind. The forelegs reaching out well and the hind legs moving smoothly at the hip and flexing well at the stifle and hock. The dog should move compactly and in one piece but with a typical jaunty air that suggests agility and power.

      Faults: Any departure from the foregoing points shall be considered a fault and the seriousness of the fault shall be in exact proportion to its degree, i.e. a very crooked front is a very bad fault; a rather crooked front is a rather bad fault; and a slightly crooked front is a slight fault.

      Disqualification: Blue eyes.

 

The Colored Bull Terrier

      The standard for the Colored variety is the same as for the White except for the sub head "Color," which reads:

      Color: Any color other than white, or any color with white markings. Other things being equal, the preferred color is brindle. A dog which is predominantly white shall be disqualified.

V.  HISTORY OF BREED

      The Bull Terrier breed was developed in the 1850s by an English dog breeder, James Hinks of Birmingham. Hinks was an accomplished breeder of Bulldogs and White English Terriers (now extinct), and also kept "bull-and-terrier" dogs. The "bull-and-terrier" was a mongrel dog descended from the old-fashioned bull-baiting bulldogs and almost any sort of terrier, primarily a common dog known as the "black-and-tan." The bull-and-terrier was a strong but agile creature, possessing the most desirable qualities of its bulldog and terrier heritage. The so-called "sportsmen" of the era did not miss the opportunity to exploit the dog's abilities and it was often used for a variety of inhumane "entertainment," such as ratting, bear and bull baiting, and dog fighting.

      James Hinks was very familiar with these small (15-35 lbs.) but fearless dogs and admired their positive qualities. He did not find them attractive, however, and set out to breed a more refined pure white dog that would retain the strength and agility of the old bull-and-terrier dogs without their coarse appearance. In the 1850s, he began experimenting with breeding involving bull-and-terrier dogs, White English Terriers, Dalmatians and possibly the old-fashioned Bulldog. The bull-and-terrier dogs were usually brown or fawn or any combination of colors, and since Hinks was trying to develop an all-white breed, he needed to repeatedly crossbreed to the White English Terrier, a small purebred with an entirely white coat. He also used the Dalmatian to straighten the bowed legs inherited from the Bulldog ancestry. He may also have used Pointers to add length to the head. Greyhounds and Foxhounds are also rumored to have been added to the mix at some point. Even today, Bull Terriers sometimes have very small black spots in their white coats, and it is believed that this is a result of the long-ago crossbreeding with Dalmatians and possibly, Pointers.

      Hinks' "experiment" produced an end result far removed from the old type of bull-and-terrier dogs. Dog fanciers of that era speculated that the new breed contained very little of the old bull-and-terrier blood and were concerned the temperament and character of the breed may have been compromised. They shouldn't have worried, for if anything, the new breed was a better dog. The all-white dogs proved to be exceptionally affectionate and friendly pets. Hinks called his white dogs "Bull Terriers," and the newly streamlined breed made its debut at a dog show in 1862. In type, it resembled a somewhat larger White English Terrier. It had a longer head, a smaller eye and straight legs.

      Soon thereafter, the Bull Terrier became very fashionable among the gentry and eventually was recognized as a purebred by the Kennel Club (England) in 1874. Recognition by other kennel clubs soon followed.

      Because of problems with deafness in the white dogs, Colored Bull Terriers were recognized in the 1930s and when bred to whites, helped to almost eliminate deafness in the breed.

      For almost 150 years, the Bull Terrier has been valued as a fine family companion, an eye-catching show dog, and most recently, as a competitor in AKC obedience and agility events. Today, the stewardship of this breed is in the hands of breeders, exhibitors, pet owners and Bull Terrier clubs worldwide, who are among the most responsible and devoted to be found anywhere. Mr. Hinks' dog has come a long, long way.

VI.  OPINIONS OF EXPERTS

U.S. News and World Report (20 April 1987)

Dog Fancy (August 1986)

Lockwood, Dr. Randall. "Vicious Dogs: Communities, Humane Societies and Owners Struggle with a Growing Problem." Community Animal Control, March/April 1986.

 

Tortora, Dr. Daniel F. The Right Dog For You

Semenic, Dr. Carl. The World of Fighting Dogs

      "Bull Terriers lack the requisite gameness." 

Fraser, Jacqueline. "Muscles and Merriment." Dog Fancy, February 1991.

Matz, K.S. The Pit Bull: Fact and Fable.

Breed All About It. Animal Planet. 1999 video presentation.