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I know that the state of Ohio is trying to ban all the breeds (and euthanize the dogs) that can come under the umbrella of "Pit Bull" (even though it is obvious that there are many breeds that can be confused as being a "Pit Bull".) Is this the proposed Ohio legislation?
regardless of the claims of the dog owner.
Wow. Even when there are so many obvious problems in indentification (at least 3 dogs are under the umbrella of "Pit Bull" and 26 other breeds have also commonly been misindentified as "Pits")? They would rather take a guess based on "well, I think it could be" instead of the owner's records (such as the pedigree) or AKC documents (like breed name and characteristics)? Scary.
So, basically the judge said that instead of using obviously frivilous arguments, "If it walks like a duck and talks like a duck..."
It still is scary that a judge would want to deprive a person of his property without due cause based on supposition instead of fact.
The control of dogs falls within the "public health" and "safety" provisions. Downing v. Cook, 69 Ohio St.2d 149, 431 N.E.2d 995 (1982). The United States Supreme Court has held that government retains great power and discretion to control, prohibit and even destroy dogs without offending the constitutional rights of their owners. In *1242Sentell v. New Orleans and Carrollton R.R., 166 U.S. 698, 17 S.Ct. 693, 41 L.Ed. 1169 (1897), -Vanater v. South Point, 717 F. Supp.
Funny thing about fences--they are used to keep things in and they are used to keep things out . In today's society, it's often an unfortunate necessity to keep out unauthorized people who might want to steal a pup to make it mean and nasty or those rotten people wanting to harm the dogs.
Could be fun watching some schmoe trying to wade through those 3 adult pitbulls to get a pup~I expect if they were threatened there would be problems..
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