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Last updateFri, 04 Jul 2014 5pm

BSL Litigation

Town of New Llano, Louisiana, Sued Over Pit Bull Ban

A lawsuit challenging the constitutionality of New Llano's Pit Bull ban was filed this week in the United States District Court for the Western District of Louisiana, Lake Charles Division. The lawsuit alleges that New Llano's Ordinance 4 of 2013 is unconstitutional because, among other things, it allows the Town to seize and identify a “pit bull” without any type of hearing. Even though Louisiana law provides that an owned dog is personal property, under the New Llano law, there is no procedure in which the Town is required to prove it has the right to seize a dog, nor is there any way to legally defend against the Town's designation of a dog as a pit bull.

The lawsuit also raises the issue of whether the Town can rely on a canine DNA test as the final determinant of a dog's breed. The suit alleges that the Mars Wisdom Panel 2.0, upon which the Town relies, has terms of use that preclude its use for the purpose of enforcing a breed ban. The Ordinance also makes it impossible for the average person to know whether his or her dog is banned because it has two different definitions of pit bull: (1) a dog that is "predominantly" pit bull and (2) a dog that is "of any pit bull breed."

Read more: Town of New Llano, Louisiana, Sued Over Pit Bull Ban