Our efforts To fight discrimination
We work within the legal system to end breed discriminatory laws and policies and challenge racism, classim, and ableism.
We bring people together to challenge laws and policies using peer-reviewed scientific studies.
Current court case
Sioux City, Iowa
In July 2008, Sioux City, Iowa enacted a “pit bull” dog ban. In 2016, three women filed suit in federal district court against the City, the city manager, and the Sioux City Animal Adoption & Rescue Center operator. Much of the testimony for the defense, especially the testimony by Cindy Rarrat, reveals the racism and classism behind this legislation.
The case was dismissed on a technicality, but is currently pending appeal, as Sioux City claims the plaintiffs no longer have standing as they have all either moved their pets out of city limits or have moved away so they can live with their pets. The court no longer considered them subject to the ordinance and the case was dismissed on a technicality. The court is not arguing the facts of the case and has no bearing on the merit of the lawsuit and hundreds of other families are impacted by the ban. We are not going away.
Interestingly, in 2015, the city reported that dog bites had risen from 110 in 2007 to 137 in 2015. We’re working to make sure the people of Sioux City get justice and have a safe community with science-based, rational animal ordinances.
Listen to us discuss our history fighting discrimination.
Our first case
Dias v Denver in 2007/8
The first BSL case we co-funded was Dias v Denver in 2007/8. The case ended when the dog owners accepted a settlement but not before the federal district court hinted in its opinion that BSL violates the 5th and 14th amendments.
Let’s be honest about canine discrimination
Canine discrimination is not about dogs at all. Dogs don’t care about discrimination and they certainly do not understand what it is. But their human companions do.
All breed-specific policies and laws can be traced to racism, classism, and ableism. Sometimes this discrimination is against the houseless, sometimes people of lesser means, sometimes it’s about ableism, denying people with disabilities access, and other times it’s about racial profiling and stereotypes.
When it comes to the rights of dog owners to protect their pet from illegal seizure or to find housing, or the rights of those who rely on a dog for equal access, we take action. We provide experts to consult on policy changes or provide legal assistance when appropriate. We do all of this at no cost to help individual dog owners fight for their rights and the lives of their family pets.
a snapshot of our legal efforts
Criscuolo v. City of Moses Lake
Result: Repeal and payment of $14k in fees/costs
Newman v. City of Payette and Fruitland
Result: repeal and some financial payment
Douglas v. County of Payette
Result: repeal and payment
Denton v. City of Yakima
Result: repeal and financial payment
“BSL suffers from the fundamental, flawed presumption that breed reliably predicts vicious propensity. It draws from
– Adam Karp, Down to a Science: Combating Breed Discriminatory Litigation with Frye, Daubert, and Rule 702
“Regardless of whether someone inaccurately believes that a specific breed has a certain behavior or “dangerousness,” a dog with moderate or minor/trace amounts of that breed has the majority of its genome derived from breeds other than the breed in question. It is not rational or scientifically valid to assume that a dog can be defined as dangerous by virtue of having “
– Dr. Kristopher Irizarry in his report for Nicholas Criscuolo v. Grant County
How we win
Breed-specific legislation is not constitutional
Dogs are property under the law. BSL violates the 5th and 14th amendments: Due process, void for vagueness and rationally related.
Dog owners are not given due process, as their dogs are deemed dangerous based solely on looks and can be killed without any scientific evidence.
The subjective nature of visual identification makes the laws vague, as dog owners have no real way of knowing if they are in violation of the law.
For a law to be constitutional, it has to be rationally related to a legitimate public interest. In the case of breed-specific legislation, the implied public interest is safety but knowing what we know now about the canine genome, looking at a dog and saying it is unsafe is not a sound argument, ergo BSL is not rationally related to a legitimate public interest.
James Sak and Peggy Leifer vs city of Aurelia, I
In 2011, the city of Aurelia took away James Sak’s service dog, Snickers. Service dogs are considered medical equipment under the law. The city did
Breed discrimination is serious and we're working to end it12 December, 2018In Sioux City, Iowa, officials can take your dog regardless of how well behaved they are. In Sioux City, someone can decide your dog is a "pit bull" and take it from you...
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