- Category: Breaking News
- Published on Sunday, 16 June 2013 17:00
- Written by Fred M. Kray
Fred M. Kray Explains Why South Bend, Indiana, Dangerous Dog Law Is Unconstitutional
Pit Bulletin Legal News's Fred M. Kray, Esq., gave a Powerpoint presentation to the South Bend, Indiana, Animal Control Special Committee about the unconstitutionality of their dangerous dog law. The law singles out only the American Pit Bull Terrier (APBT) as a regulated breed by declaring it a dangerous dog. There is no statutory guidance on how APBT identifications take place, and the city attorney was unable to provide any specifics on the subject. The statute does not provide any due process safeguards, such a notice of hearing, right to counsel, burden of proof, burden of going forward, and has no appeal from the first tier fact finding.
Mr. Kray also shared that Breed Discriminatory Legislation (BDL) has never worked and that all mainstream professional and animal welfare groups are against BDL. He also pointed out that the United Kennel Club's breed standards were not created to determine whether a dog is a member of a particular breed (in fact the UKC is strenuously opposed to the use of its breed standards for visual identification).
The presentation was made over the phone, with the Powerpoint being run there. If you need help analysing your city or county ordinance and would like such a presentation, contact us. We can help!