Wednesday, May 27, 2009
A Loudoun County judge has ruled that the county can continue its long-standing ban on the adoption of pit bulls by residents.
Ruling in a lawsuit that sought to overturn the ban, Circuit Court Judge Burke F. McCahill said that the county's policy does not violate state law and that publicly funded shelters are not required to make every breed of dog available for adoption.
For years, Loudoun euthanized all abandoned pit bulls. The county revised its policy in 2007, allowing the animals to be transferred to rescue groups or shelters in other jurisdictions if they passed a temperament test.
A Norfolk-based animal rescue group and Sterling resident Ronald Litz sued the county and its animal shelter in 2007, after Litz was turned down when he tried to adopt a pit bull from the shelter. During a two-day trial this month, the plaintiffs' attorney alleged that Loudoun was violating a state law that bars officials from finding a dog to be dangerous or vicious based solely on its breed.
In his 13-page ruling last Thursday, McCahill said that this prohibition applies to courts trying to determine whether a dog is dangerous. But it does not prevent a public pound from having an adoption policy that treats some breeds differently from others, the judge said.
"We're obviously pleased with the decision and feel he put a lot of thought and careful consideration into it," said Laura Rizer, a spokeswoman for the Loudoun Department of Animal Care and Control.
Related Stories
Related Blog
Related Letter
Advertisement
Shelter officials have said that all of their unclaimed dogs go through behavior monitoring and a temperament test to determine whether they are adoptable, and that breed characteristics are a part of that determination.
"Any decision that we make regarding the disposition of an animal is based on a number of factors," Rizer said.
Lynne C. Rhode, an attorney for Litz and Animal Rescue of Tidewater, said she was disappointed in the ruling.
"The practical result of this ruling is that any public shelter can kill any dog if that particular shelter's management doesn't like the dog's breed," she said. "In other words, the court has ruled that a pound can kill every single adoptable golden retriever or pit bull or poodle if it wants to, without restriction or recourse."
The plaintiffs presented evidence that the Loudoun shelter had euthanized more than 80 percent of abandoned pit bulls since it began allowing the animals to be transferred, compared to a euthanization rate of 48 percent for other dogs.
"If one were to rely on the statistics . . . alone, one may come to a conclusion that there is 'breed bias,' " McCahill wrote.
But, he added, "If I were to rely on the statistics alone, I would have to ignore the evidence that there are differences in breed characteristics. More importantly, the statistics do not account for the individual characteristics that are attempted to be observed . . . as part of the overall assessment of the individual dog."
During the trial, the plaintiffs contended that the Loudoun shelter showed a clear pattern of bias against pit bulls. Sherry Woodard, animal behavior expert for Best Friends Animal Society, said that pit bulls who did well on behavior assessments were put down, but that other breeds that did not do as well on the assessments were trained and put up for adoption.
"This discrimination against pit bulls is becoming a topic of discussion across the country," Woodard said in a statement issued Tuesday. "There are golden retrievers who attack other dogs, labs who bite people, pit bulls that love children, dogs and cats. Every dog, every time, deserves to being evaluated as an individual."
Loudoun's decision to allow some pit bulls to be transferred to rescue groups or other shelters came after a 2006 nonbinding opinion by then-Attorney General Robert F. McDonnell (R), who said that pit bulls taken to public pounds could not be euthanized based solely on their breed. In his ruling, McCahill disagreed with that portion of McDonnell's opinion.
Anthony F. Troy, one of the plaintiffs' attorneys, said he feared the judge's ruling would have a ripple effect in other localities.
"Under this opinion, the clear prohibition on euthanizing based on breed is applicable solely to those incidents of judicial cases," he said. "If other courts follow the logic, then you would have a public policy of the commonwealth being very narrowly defined."
Troy said the plaintiffs are considering their options, including appealing the judge's ruling to the Virginia Supreme Court or asking the General Assembly to clarify the state law.
"We haven't determined what to do, if anything," he said.
Tagged: animals, dog, Loudoun Animal Care/Control, Loudoun County Animal Shelter, pit bulls
Maid To Please is offering LoudounExtra.com readers $25 off their first house cleaning, or $10 their third house cleaning.
• View all deals from Maid To Please | All deals
• $25 Off House Cleaning From Maid To Please! posted: 4/28/09
|
Search Deals and Business Directory |
Are you happy that the school year is over?
Comments:
Note: LoudounExtra.com does not necessarily agree with comments posted below — responsibility lies with the relevant reader alone. Peruse our reader agreement and privacy policy
We should ban adopting kids because some of them grow up and become bank robbers.
lol
Posted by jmy999 (anonymous) on May 27, 2009 at 11:23 a.m. (Suggest removal)
its sad that these dogs are now faced with being put down.. There are no bad dogs just bad owners and law makers
Posted by janetleslie (anonymous) on May 27, 2009 at 2:33 p.m. (Suggest removal)
So many dogs in shelters are pitbulls or pit-mixes. I have volunteered with a shelter in Virginia and worked with many sweet, loving pitbulls. I'm angry that this court held that public shelters can euthanize an otherwise well-behaved dog solely based on an estimate of its breed.
Posted by AttorneyDC (anonymous) on May 28, 2009 at 8:35 a.m. (Suggest removal)
Very, very sad in fact!!! I will never again adopt a dog or cat from the Loudoun shelter . Unfortunately the non-pit bull type dogs and cats will now suffer due to the actions of the county! Please everyone support our local rescues, at least they treat all dogs fairly!
Posted by bjstocks4 (anonymous) on May 28, 2009 at 8:36 a.m. (Suggest removal)
Unfortunately, through decades of breeding, pit bulls are dangerous animals. Compared to other canines their attack rate with the potential for great harm is evident. It's indisputable. Similarly to why someone cannot own a Lion or other large predatory big animals, even if they were raised as a young and would never "hurt a fly," the same should apply to Pits. Plus only criminals and thugs want to own Pit bulls.
Posted by jabreal00 (anonymous) on May 28, 2009 at 9:01 a.m. (Suggest removal)
Thankfully I don't live in Loudoun anymore but own a sweet loving pitbull. It's all in how the dogs are raised and treated by their owners. Shame on that judge for basing his decision on 1 particular breed of dogs. And Shame on JABREAL00, not all owners of pits are thugs or criminals, I am not. I am a married woman, have a loving family and treat our dog like the queen that she is. Not all pits are the same!!!
Posted by cthornton (anonymous) on May 28, 2009 at 9:14 a.m. (Suggest removal)
As usual, another ignorant comment comparing humans to dogs. Adopted children as well as birth children can rob banks. Dogs are dogs, not people.
The injuries a pitbull can inflict do not compare to the injuries an average family dog can inflict. That is fact! Why do drug dealers use mainly pitbulls to guard their houses? They are territorial, loyal and can inflict life threatening injuries.
I am sure there are loving pitbulls, but the risk to integrate rescued pitbulls into family neighborhoods has to stop.
The two black lab mix dogs I own are part of my family. They are loved and treated with respect. When Maxx was ripped apart by a rescued pit bull (who lived in our neighborhood for one week), we did not hesitate to spend $18,000 on his vet bills.
Yet, I know Maxx and Murphy are dogs. My youngest adopted child was inches away from the attack on Maxx, and my two adopted teenage sons risked their lives to save Maxx.
myspace.com/maxxthreelegs
Pitbulls do not belong in family neighborhoods. Period.
Posted by chardu (anonymous) on May 28, 2009 at 10:05 a.m. (Suggest removal)
This article is incredibly distiburing. It’s sad how ignorant people can be. You cannot judge an entire breed as a whole, such discrimination! We look down upon people who judge other races as a whole, so why is it okay to do this with dog breeds? I hope that people still go to Loudoun county to adopt dogs if they live there. Clearly based on that facilities beliefs, those dogs need homes ASAP! However, I will say that I would not live in Loudoun country based on this ignorance and hope that it would prevent others from moving there as well. It’s disgusting, period. What this shelter should be doing is giving these pitbulls to rescue groups who can take the time to place them into PROPER homes and weed out potential owners who might be being pitbulls for wrong reasons. As for those that want to be rude, hateful and judgemental of those who own pitbulls – know that you only encourage the fight that must be had to change the ignorant stereotype of pitbulls.
Posted by nicoletteponette (anonymous) on May 28, 2009 at 10:10 a.m. (Suggest removal)
To chardu
I hope your kids don't grow up to become bank robbers.
Posted by jmy999 (anonymous) on May 28, 2009 at 11:14 a.m. (Suggest removal)
I am glad this judge is ignorant as you pitbull lovers term him! Thank you judge for using common sense when dealing with a breed of dog that has consistently shown it can turn on other animals and humans if given the chance. Hey, you don't like Loudoun's policy? Then move! And take your pitbulls with you! I hear Prince Georges county is wondeful this time of year.....
Posted by hogfarmer55 (anonymous) on May 28, 2009 at 11:40 a.m. (Suggest removal)
To jmy999
If they do, hopefully they won't use a pit bull to protect their loot. Just kidding, really just kidding.
Agencies are wrongly placing dogs, that should not be adopted and placed in family settings. The dog that attacked Maxx was placed multiple times, as the agency stated on their website, "for making poor choices". It's really the liberal pit bull lovers who are hurting the cause. Not concerned citizens who truly love all of God's creatures.
"If you have men who will exclude any of God's creatures from the shelter of compassion and pity, you will have men who deal likewise with their fellow men." -St. Francis of Assisi
Posted by chardu (anonymous) on May 28, 2009 at 12:09 p.m. (Suggest removal)
I'd rather pitbulls be banned than read about the carnage they inflict on an innocent ; be it a human, or an animal...too many are raised as weapons..here in Georgia they are the breed of choice for dog fights...the image of an elderly woman in nearby South Carolina, who was severely injured by this breed, still lingers in my memory...I have two jack russells and can't stand the thought of either of them dangling from the jaws of a great white pitbull !
Posted by MAZZOONI2003 (anonymous) on June 2, 2009 at 7:50 a.m. (Suggest removal)
If anyone wishes to understand how this policy came about, read up on the Humane Society of the United States (HSUS). They and they alone were and are instrumental in "informing" government animal shelters of the terrible risks they take if they adopt out pit bulls or wolf dogs. Do not donate money to HSUS if this policy bothers you, or if you think that HSUS uses your money to save animals. HSUS is not an animal welfare group, none of your donations helps a single animal. Instead it helps HSUS to lobby for spay/neuter, no breeder laws and crap like this, no adoption of a pit bull.
Please note that local Humane Society rescues often do help animals, just make sure if you donate to them that the money is not used for state or county level legislation.
HSUS is PETA without the political baggage, they have enough money to do things you really don't want to see.
Posted by datdamwuf2 (anonymous) on June 7, 2009 at 9:20 p.m. (Suggest removal)
I feel so sorry for the people who are so closed minded to dogs. Seriously people they're dogs. I feel like we put up more of a fight against a breed of dog then a fight against the child molesters living in your neighborhood. Don't you have better things to worry about? How about putting your hateful efforts towards something else. I don't know maybe towards cleaning up our streets. I don't understand where our society has gone so wrong. Doesn't anyone see the craziness of this?? It's so silly to be fighting against a DOG. Just let it be. If you don't like the breed then fine, don't adopt one and don't go near one but don't sit there and bash a breed because of what media has blown out of the water. You can train any type of dog to do anything. Just like you can train any other animal to do anything. It's unfortunate that this particular breed has become a victim to thugs using them for disgusting displays of violence. It breaks my heart that this dog has been used for cheap entertainment for people who have no respect for life. I myself is a pit bull owner, in fact I have two pit bulls and they are perfect angles. I'm not here to bash people who hate pit bulls and I'm not trying to change your mind about my dogs. I just want the pit bull haters out there to leave responsible pit bull owners alone. It's stupid to waste your time fighting with people who refuse to change their mind. No one is going to change their ways unless they want to. Pit Bull haters will never understand the breed unless they make the choice to get further education on this dog. Just remember every animal is a dangerous animal. At some point in any animals life they can turn on you and their brain can turn to their wild side and attack anyone in their way. Unless you have a degree in Zoology, Veterinary Sciences, or Biology, you shouldn't be saying anything about this breed of dog. You know nothing factual about this breed. You only know what the media has glorified about this dog.
Posted by mrscallahan08 (anonymous) on June 22, 2009 at 1:38 a.m. (Suggest removal)
Pit- bulls are not inherently or genetically dangerous and vicious to humans. If you did a little research on the breed you would discover that although they were bred for years to fight, human aggression was culled out of the breed. Handlers in the old days (and unfortunately even today) had to be able to get in and break up fights without being bitten. If a dog bit his handler, that was seen as an undesirable trait and not passed on. If you ask any Vet or dog professional out there they will explain these facts to you. Dalmatians and chows are much more dangerous dogs then pits are...this is due to improper breeding practices. Another thing you may want to know is that Dogs just don't "TURN" on you one day, they aren't a piece of meat that goes bad. Inevitably this "turning" is caused by some outside factor like rabies or mistreatment. The American Pit-bull Terrier was viewed as a symbol of American strength and power until the 1980's when dog fighting became more prevalent in the US. Pit bulls are one of the most stable breeds. The National Canine Temperament Testing Association tested 122 breeds, and pit bulls placed fourth for best temperament. In December 2004, the American Temperament Test Society showed the American pit bull terrier scored an overall temperament rating of 83.9 percent, compared with the 77 percent score of the general dog population. The original mascot of the USMC was a Pit, Teddy Roosevelt had Pits in the White House and even Petey from "The Little Rascal's" and the original RCA dogs were Pit's. Helen Keller had a pit bull as her canine companion and helper.
One of the top-rated Search and Rescue (SAR) dogs is an American Pit Bull Terrier named Dakota. In fact NASA asked Dakota to assist in the recovery after the 2003 shuttle disaster and in the Laci Peterson investigation. These are just a few examples of what this amazing and beautiful breed can do. It's an interesting fact that that most people can't even accurately identify what a pit bull looks like (Try to find the Pit-Bull http://www.pitbullsontheweb.com/petbull/...). We shouldn't just throw generalizations out there without understanding the facts. There are plenty of Golden's, Labs, Poodles and other breeds that have their bad dogs. Pit's are very obedient dogs and extremely human loyal. People who own these dogs must understand that proper training is a must, as is the understanding that they (or any large and powerful dog for that matter) must be treated and respected as such.
See Janis Fontaine's Article in the Feb 28 2008 edition of the Palm Beach Post "Pit bulls don't deserve bad image, expert says" for some good info.
Posted by joefinleyiii (anonymous) on August 18, 2009 at 3:45 p.m. (Suggest removal)
"Pit bulls are not inherently or genetically dangerous and vicious to humans."
.
LOL! Tell that to the family of the poor guy who was killed by his brother's pit bulls in Leesburg. Can we put up a "Caution: pit bull advocates in denial" warning here?
Posted by Pablo01 (anonymous) on October 5, 2009 at 7:58 a.m. (Suggest removal)
Dont have an account? Sign up!
Post a comment