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Clay's Breed Specific Legislation

Monday, September 29, 2014

Everyday when I walk my dogs down an alleyway near my office, a six pound Chihuahua lunges aggressively. Luckily, its owner’s chain link fence limits its attack. On the other hand, just about weekly we encounter humongous Pit Bulls, American Staffordshire Terriers, and others whose breeding contains the genes thereof. We’ve seen these dogs at local parks here in Anniston and nearby Oxford, at the Farmer’s Market, and at numerous downtown events. Unlike our daily Chihuahua experience, these so-called bully dogs have always been gentle and very much under the control of their owners. Yet, according to the City of Anniston’s unenforced dog ordinance, the owners of these larger dogs are involved in unlawful activities.

Anniston’s current city ordinance specifies that the owners of a few select breeds must purchase insurance policies naming the city as the beneficiary and clearly prohibits their breeding. These rules, which come under the category of “Breed Specific Legislation,” are designed to restrict ownership and breeding of a very limited number of dog breeds. These breeds, which due to their size and strength, have been frequently used in dog fighting. And, they are often cited in situations where substantial harm or even death has occurred. However, according to Melanie Hughes-Hicks, who is with the Bama Bully Rescue organization, “for every one dog that bites, there are millions that haven’t.”

Last week a Jefferson County judge ruled that the City of Clay’s BSL wording in their animal control ordinance was unconstitutional as written. The intent was to protect the public from vicious dogs. However, it unduly focused on just a few breeds rather than many others which have also occasionally been involved with aggressive behavior. For instance, like the Anniston ordinance, Clay’s rules do not address other large breeds such as Doberman, German Shepherd (Alsatian), Kuvasz, or Old English Sheepdogs, all of which are utility breeds that have been widely used in law enforcement and to protect livestock. These are just a few of the breeds that are regularly used for their ability to use aggression when desired by their owners. Owning these dogs does not require special insurance policies and they may be bred as desired.

Although we do not have information as to specifically why the judge ruled that the Clay ordinance was unconstitutional, the suit did specify that there was no desire to challenge the city’s right to control vicious animals. On the other hand, the city’s attorney argued that the ordinance as meant as a preventative measure. He also incorrectly compared the targeted breeds with the aggressiveness of alligators, which have a much more primitive brain as compared to dogs, which like humans have a much more developed cognitive ability – to include attachment, compassion, and empathy.

Breed Specific Legislation is not limited just to Anniston and Clay. Many jurisdictions around the county have similar BSL rules. They are normally overreactions to negative publicity that results after isolated attacks and due to the popularity of certain bully breeds among unlawful dog fighting rings. Nevertheless, most knowledgeable breeders, trainers, and owners of large working dogs are very well aware of the need to properly socialize their dogs and to curtail any aggressive tendencies as early as possible. Meanwhile, outdated ordinances, which have BSL and other inappropriate requirements, need to be revised and efforts to promote responsible dog ownership should be emphasized.

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Keywords: Pit bulls, bsl, animal welfare, vicious dogs, dog breeds

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