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A Matter of Breeding: Bexley Case Focuses Statewide Dispute: Are Some Dogs Really Born Bad?

Posted on: Monday, 3 April 2006, 12:00 CDT

By Kirk D . Richards, The Columbus Dispatch, Ohio

Apr. 3--Anne Davis is fighting for her dog. The city of Bexley has charged her with having a vicious and dangerous animal, although the energetic Trinity -- named after a character in the film The Matrix -- has never attacked anyone.

The case comes down to the dog's breed.

Davis, 30, who pleaded not guilty Friday in Bexley Mayor's Court, considers that to be discrimination. Some animal-rights activists and state legislators agree.

Many who oppose laws that automatically declare certain breeds to be dangerous say a dog should not be banned unless it bites. And some question the ability of officials to determine a dog's breed.

Davis says she has an American bulldog. The citation refers to it as an American pit bull, a dog that state law automatically defines as vicious. Davis plans to use photos to argue that the city is wrong at her mayor's court trial on April 14.

Davis said the dog used to play outside with children, and no one got hurt or complained. Today, she worries about letting Trinity outside, thinking that a city official could take the dog.

The battle started when Davis arrived home one day last month to find her front door unlocked. She called police.

Nothing appeared to be stolen, but police came across the dog and called the city's animal-control officer, Mary Beth Hall.

"The woman came in and said, 'She's illegal and you have to remove her from the premises or she'll be put down, or you'll be put in jail,' " Davis recalled.

A violation of the law is a first-degree misdemeanor with a penalty of up to six months in jail and a $1,000 fine.

In Columbus, a resident may own any kind of dog and not face prosecution unless it runs loose in a neighborhood or bites someone away from its home, said assistant city prosecutor Bill Hedrick.

Under state law, the keeper of a vicious dog must keep it chained or caged and obtain liability insurance of at least $100,000.

Meanwhile, state Rep. Shawn Webster is seeking support for House Bill 533, which would remove from Ohio law any automatic classification of certain dogs as vicious or dangerous.

The Republican from Millville is a veterinarian who says dogs are not born bad, but can become that way if not trained.

"I have one pit bull a week to come into my office, and they're family pets, and they're not a problem," he said.

Webster does not expect that his legislation, if approved, would prohibit local governments from enforcing automatic bans on certain dogs unless the Ohio Supreme Court rules them unconstitutional.

The state's high court could take up the issue, he said. The Ohio 6 th District Court of Appeals ruled last month against a breed-specific law in Toledo.

"There is no evidence that a pit bull is inherently dangerous," said Rob Russell, director of the local animal-rights group Protect Our Earth Treasures, a supporter of the legislation.

But Craig Turk of the Franklin County Department of Animal Care and Control plans to testify against the bill.

Under Webster's proposal, "A guy can move in next door with six pit bulls and leave them in the yard like any other dog," Turk said. "We want these dogs treated differently."

Turk's list includes the American bulldog, which Davis says she owns. If Davis loses, she could appeal to the Franklin County Municipal Court.

But Davis also is prepared to move out of the community she has lived in since childhood.

Her daughter, Jackie, 11, has grown attached to Trinity.

"I feel like I'm fighting for a member of my family," Davis said.

krichards@dispatch.com

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Copyright (c) 2006, The Columbus Dispatch, Ohio

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Source: The Columbus Dispatch, Ohio

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