Breed Specific Legislation – Is it BS or the Solution? / Part 2

 

There has been a plethora of potent headlines of attacks and/or deaths by dogs  in 2017.  Last month the world heard about two young children in Lancaster, Pennsylvania who were savagely attacked by a neighbor’s pit bull leaving the siblings with severe facial injuries requiring years of medical intervention and emotional scars.     Blocks away from this attack, another young girl was mauled by a pit bull in September 2016.   She, too, was hospitalized but survived.   Her scalp had to be reattached.

Lisa Green, 32, Upper Macungie, Pennsylvania was attacked by her own rescued pit bull at her home on the rear balcony in April 2017.   Neighbors were unsuccessful to stop the dog before he killed her.   Green adopted  Leon,  2 1/2 yrs ago.      These three cases are 1  1/2 hours driving distance from each other and within driving distance for me.    I visited both places.   Green’s house stands vacant.   I tried to imagine what Green had gone through.    Her death was tragic.   My sympathies go out to her family and loved ones.   It’s sad and tragic to know this can happen practically in your own backyard (figuratively speaking.)

 

In May a 3 week old baby died as a result of a pit bull attack after being placed in a bouncy seat and left unattended for a few minutes.   A 10 year old girl had a foot amputated after a pit bull pounced on her in a backyard.   The dog got out of the house and attacked her.   A 6 month old baby was killed by the family’s pit bull as she sat in her walker unattended for a few minutes.   A 90 year old Virginia Beach woman was mercilessly attacked by her daughter’s pit bull she adopted only hours earlier.   An 8 month old baby was attacked and killed by the family’s pit bull earlier this year.    The dog had been with the family for years.    This doesn’t include all that have been bitten or attacked this year.     It isn’t only people dogs attacks.    This past April a small dog was attacked by the neighbor’s rescued pit bull.    The small pup didn’t survive the savage attack.  Darla Napora, a volunteer for the pro pit bull group, BAD RAP, was killed along with her unborn baby, by her pit bull Gunner.     Here are more examples of people being mauled by pit bulls.  Here is an article which details accounts from many doctors and a pathologist detailing  their encounters with dog bite victims.    In the pathologist’s own words:

“The way that the tearing of skin, muscle, tendons and bones looked very similar to someone who had an injury from an auger from a farm accident.    Complete devastation.   All of the deaths are a result of blood loss due to the attack.  All three of the victims were male  (4 and 8 yr. old boys,  male in his late 40’s.”)   “People read the word “mauled” by dogs.  They do not understand the truly outlandish, macabre wounds inflicted by these dogs.   These 3 deaths are still the top 5 of the most horrifying.”

Reading these accounts  alone, one can’t deny the gravity of dog bites or the fact pit bulls were involved.   Contrary to what some believe, one has to examine those who have been mauled or killed to understand why this is happening.    Yes, bloody images may come to mind but it’s the truth.    You need to know the facts to decipher the exact problem in order to create the right solutions.

I’ve used only doctors’ and victims’ accounts of the attacks.  A pit bull is not a breed but is typically a mixture of three breeds-  The American Pit Bull terrier, the American Staffordshire Terrier, and the Staffordshire Bully Terrier.   They are typically medium-sized,  are sturdy, muscular and strong with a solid build weighing between 30-60 pounds.    This type of dog  is not meant for everyone nor should everyone have one.   The same is also true of other breeds.    All dogs have the propensity to bite with larger dogs causing more injurious harm.    (Can you pick the pit?)

There are 4.5 million dog bites every year in the United States according to the CDC (Center for Disease Control and Prevention.)   I know pro- pit bull advocates believe statistics are skewed but there needs to be a guideline.    It’s safe to say there are millions of dog bites each year in the U.S.  Who is inflicting these significant and deadly attacks on humans and animals?

The CDC says Pit Bulls and Rottweilers are responsible for the majority of the attacks and/or deaths.      The American Veterinary Medical Association did a 20 year study (AVMA) involving  dog bites (1979-1998),  a study  completed by the three doctors at a Georgia pediatric trauma unit about dog bites,  “Characteristics of 1616 Consecutive Dog Bite Injuries at a Single Institution,”   and  the  Children’s Hospital of Philadelphia (CHOP) study-  each study concluded the most prevalent dog breed to attack is the Pit Bull.    These studies were compiled by doctors and surgeons who came  in personal contact with patients who were attacked/ mauled by dogs.   The doctors were the ones aiding the victims in their recovery which included performing surgeries including reconstruction.

We have a crucial problem in the U.S.  when there are 20-35 fatalities attributed to dogs each year.    You can ignore the facts but living in denial won’t change this.    Critical steps must be utilized to reduce these numbers.   There is a steep division embedded in this very heated debate.    It’s sad and disturbing when both viewpoints are full of vitriol towards each other.    Reading depraved discussions from both sides makes me feel as despondent as a pit bull waiting on death row.

The emotional component is understandable for each “camp.”    Pro-pit bull advocates are dedicated to put forth this dog as the most loyal, friendly, non-vicious, and safest dog while the anti-pit bull advocates want to see BSL enacted and/or have these dogs exterminated permanently.   Somewhere in the middle lies the truth and the answers to this serious issue.    To come to a productive conclusion, one has to rely on logic and not emotion.

I have researched extensively for this article and have found how each side can distort facts to fit their reality of the truth.   You can’t deny that people and other animals are killed each year by pit bulls/types.   On the flip side,  a small fraction of the U.S. population is bitten by a canine every year.    Out of a total population of approximately 323 million, 2% are bit and 1% end up in the ER.

Seeking reliable information is also not quite that easy.   Even among dog “experts,” “professionals,” and “organizataions,”  they can’t seem to agree on the same points.   How is one to ascertain what is correct and incorrect information?   Among pro pit bull advocates,  facts and figures vary.   Some authorities tell  owners to take their pit to a dog park while others say under no circumstances should you take this type of dog to a dog park.  Who is right?   Is a pit bull genetically inclined to attack or is it the environment in which he has lived or is currently living that made him/her maul a person?    I can’t find solidarity on this among the experts either.    How can a consensus prevail for a solution if the “experts” can’t agree on important points?

I’ve been around literally thousands of pit bulls in my career.   I am not the expert nor do I pretend to be ; however, I have acquired much knowledge and feel I’m worthy of input despite what a few pro advocates may express.   Several  individuals feel no “civilian” is equipped to form an opinion and most certainly doesn’t have enough expertise to even broach this topic.   When a community is affected, people  have every right to be involved.

It would be unjust to make a blanket statement about pro pit bull advocates based on a small group of people who choose to attack rather than attempt to help those who are pro-BSL  understand because it isn’t fair to those who are doing a great job in helping this breed.    However, a number of individuals have been heartless to those who have lost loved ones due to a dog attack.    A pro- advocate told a woman whose young son was killed by a pit bull that it was her fault and proceeded to call her derogatory names.   How does this help?    Condemning and calling a mother vile names only makes this worse.  A boy is dead! Please stop the rhetoric.  Attacking and disparaging another  is not the solution!  I found this to be a repeated practice with a small group of  advocates which is more telling of these people and not the pro- pit bull advocates in general.

BSL – Breed Specific Legislation

Pit bull bites and attacks are a global phenomenon, with over 40 countries enacting BSL- Breed Specific Legislation.   Over 900 communities across the U.S. have passed BSL ordinances.   BSL is a group of laws that can regulate or completely ban certain dog breeds in an effort to decrease dog attacks on humans and other animals.    The goal is to remove the dangerous dog to decrease dog bites and attacks.    The million dollar question is, is it effective?    Finding the answers is not an easy achievement, if at all.   Again, both sides twist numbers and facts to fit their criteria and claim victory.   There is no black and white conclusion on this.  Not for me anyway.   I’ll begin with Ireland who instituted BSL against pit bulls and 10 other breeds  in 1989.

A 2015 study showed dog bite injuries greatly increased since the introduction of this legislation in Ireland.   Dog bites increased from 172 in 1998 to 259 in 2013, a rise of 51%.    Can’t find the severity of the bites.

Denver, Colorado enacted BSL in 1989.   Doug Kelley, the former Director of Denver Animal Control said the following after being asked if Denver was safer:  “It’s a hard question to answer.”   “We have not had a severe mauling or fatality involving a pit bull since its gone into effect.   But then again, we continue to get more pit bulls every year…it depends on how you define success.”   When asked if the ban made residents feel safer, Kelley said “ the ban has lessened the number of attacks by pit bulls, certainly, but he has no evidence that the ban has decreased the total number of dog bites or attacks in the city. He also said the ban gives people “a false sense of security.”    Denver has seen an increase in dog bites overall.   Denver has killed over 1600 pit bulls due to the ban.   Not a clear and concise answer.

The U.K. implemented BSL, the Dangerous Dogs Act,  in 1992 and  is considered a failure.   Dr. Samantha Gaines, RSPCA dog welfare expert, said BSL did not achieve its objectives.   It has caused thousands of animals to be put down because they are prohibited.    Four breeds are currently banned- the Japanese Tosa, Fila Brsileiro, Dogo Argentino, and the Pitbull Terrier.   It also includes crossbreeds which have Pit bull type features.   30 people have been killed by dogs since 1991 with 21 of them killed by breeds not banned.        Appears to be a failure.

In Ontario, Canada, breed specific legislation was passed in 2005.    No one is allowed to breed, buy, or sell pit bulls defined as pit bull terriers, Staffordshire bull terriers, American Staffordshire terriers, American Pit Bull terriers, and any dog that appears or has the physical characteristics that similar to those breeds.    No one is allowed to own any pit bull type dogs born after the law was passed.   Was BSL a success?   The number of dog bites has increased.   However,  the data doesn’t depict the severity of the bites.    When asked if the ban was a success, Toronto Animal Services rep, Mary Lou Leiher said, “I think it’s been successful at reducing the number of pit bulls in the province.”   When asked if she was referring to the number of registered pit bulls in the province, she said, “That’s a good question.   Anecdotally, we’re seeing less, but we don’t know.”    She declined to comment on whether she thought pit bulls were inherently dangerous.    No clear answer here either.    Refusal to say if pit bull are dangerous is quite telling.

In Toronto, dog bites have increased since BSL was passed in 2005.    Pit bulls are completely banned and the city has very few remaining (they were grandfathered in the law) but the number of dog bites has increased.   The statistics don’t reveal the severity of the bites or any fatal attacks.     Again, not sure.

Miami-Dade County, Florida has had a ban since 1989.    Pro-pit bull advocates fought to repeal the ban in 2009 and lost.   The people voted with at least 61% of the those voting to keep the ban in place.    Numbers suggested dog bites have risen but I had a tough time corroborating this information.   So where does this leave BSL?     The people of Miami-Dade feel safer with a ban but it was difficult to find reliable data about bites.

It’s difficult to gauge whether BSL has worked in these communities since the numbers don’t count the severity of the attacks.    I think it’s safe to say that pit bull attacks are fewer or next to none in those places where there is a complete ban.     There are people who still have pit bulls and also breed them despite it being illegal in banned communities.

Many communities across the nation and world have BSL in place with several of them getting overturned in recent years.    The AVMA,  ASPCA, HSUS,  and the CDC say it does not work.    From the ton of research I’ve done,  there are those who claim they have a political agenda for saying this, nonetheless,  I’m not going there.

I’ve always felt BSL did not work.   It doesn’t remove the bad and careless owners from the equation.   The reckless people will still find a way to have them, breed or fight them.    Advocates say a ban makes dog fighting more appealing to them.    The good people will always take care of their dogs and do what’s right.     Is BSL effective?    If the number of bites has increased, no.    If the number of maulings have decreased, yes.   Since the numbers seem to be elusive in my search for the truth,  I honestly can’t say.

Is BSL  unconstitutional?

The 14th amendment contains what is called an equal protection clause, which provides that, “…no state shall … deny to any person within its jurisdiction the equal protection of the laws.” In terms of BSL, equal protection under the 14th amendment means it is unlawful for states to pass legislation which unfairly deprives some dog owners of their dogs while other citizens, though their dogs too have the potential to bite, are not deprived of their dogs.

If the 14th amendment can be used in a court of law to prove BSL is unlawful,  how can it be used?   If dogs are viewed as property (which they are in the U.S.), how does the gov’t have the right to tell anyone you aren’t allowed to have one?

Taking a more in depth journey into pit bulls,  I’ve come out the other side exhausted, confused and thoroughly outraged what advocates from both sides have to say to each other.   You can’t solve a central issue with denial of facts , accounts, bullying, and attacking each other.    No wonder this problem is the most hotly debated and controversial animal issue there is.    I’ve never researched so much about one topic and been more deeply disturbed,  more perplexed and exhausted when finished.

Reading a great quantity of material,  I see major discrepancies between a number of pro- pit bull groups.    They can’t agree on facts.    I’ve watched videos, read  articles where everyone thinks they have the answer in two minutes or less.  If it was that easy, it wouldn’t be a hotly contested topic.   It has been so painstakingly difficult to ascertain what is correct and incorrect.   If the pro advocates and trainers can’t agree, who do we trust?    This is sad for the breed.     Pit advocates want to paint the pit bull as a wonderful dog without discussing the attacks or deaths.    They say pit bull isn’t a breed but a combination of three.   I get it.   But let’s look at this realistically.    People are getting mauled or killed by pit bull type dogs.    When you see the dog on the news, the dog doesn’t resemble a lab or poodle.    Let’s be honest.    Pit bull type dogs have bitten and killed people despite them allegedly not being human aggressive.    We need to know why and help this breed so we can properly protect people and animals.

Anti- pro pit bull advocates  say they are inherently dangerous and it’s in their DNA.    Pits were bred to fight other dogs in pits in England back in the 1700’s.    Is that DNA still there?    We have to take into account how they are raised, treated, misused and abused.    Drug dealers keep them as status symbols.    Pit bulls get a bad rap because of how people treat them and how they’re portrayed on television and in movies.    If the owner is mean, does that relate to the pit bull being mean?   If so, we must take that into account.    Is the media reporting biased against this dog?    I feel it’s their job to report about a person or dog who has been mauled or killed by any animal.    Why is it bias if the animal who committed this act is a pit bull/type?

If you look at today’s pit bull, too many are as a result of random breeding.   Backyard breeding includes mating bigger dogs creating a meaner dog or less desirable traits.   With the excess numbers of pit bulls being bred, they  are also the most popular breed found in shelters across the nation.   With that comes a high euthanization rate.    Not only are they the most vilified breed but the most abused and feared dog in shelters.    Half of all pit bulls in shelters will die.   They didn’t ask to be born, to be used, abused, and thrown away.

Contrary to popular belief, the pit bull wasn’t known as the “nanny dog” even though many pro groups say it on their website.    It was created by a Lilian Rant, President of the Staffordshire Bull Terrier Club, in 1971 for a New York Times article where she referred to the breed as a “nursemaid” as it was being recognized in the miscellaneous class for the American Kennel Club (AKC.)     Pit bulls attack children the most causing most damage to their faces and heads.

BAD RAP,  a pit bull advocacy group publicly announced in May 2013 that it will no longer support the Nanny Dog myth because it endangers children. 

The vast majority do not bite, attack or kill anyone.   Out of the thousands of pits I’ve met during my career,  those who were apt to bite have been few.   We certainly can’t take away the significance of even one death by a pit bull.    For that reason, precautions must be in place at all times to reduce the chances of getting bit.    We have to remember, dogs are still dogs and any one has the ability to bite; therefore, we must treat them accordingly.

If I was attacked or a loved one had been killed by a pit bull, my stance on this topic might be different.

If BSL isn’t working, how do we make sure pit bulls are safe?   There are plenty of “experts” imparting their wisdom on the dog’s behalf on solving this quandary.    Due to lack of agreement on major issues, I detect no quick fix or solution which has made the process of digging up the truth that much harder and painful.

An unneutered male is the most likely to bite or attack.  That is not breed specific.   Many experts say this is a very important step for pit bulls owners to take.    Other experts say it is discrimination.    Sterilizing dogs in general can aid in lessening aggressiveness and dominance and with the pet overpopulation problem.     There are too many pets in shelters but not enough people adopting.    Too many pit bulls are bred with many ending up at the shelter losing their lives.   A cruel fate for all.

Other important tools for any pit bull owner to utilize are exercising and socializing your dog,  always use a leash when going for walks (make sure you can handle the dog),  not playing rough with this breed- they may learn being aggressive is ok with other people,  don’t tether your dog for any extended period of time, don’t leave them outside in the hot or cold weather,  don’t leave your dog unsupervised with other animals or children, train them,  take obedience classes, always have him/her properly secured in your yard and be responsible for your dog at all times.   Teach your dog well.

Pit Bull Rescue Central encourages newly adopted dog owners to understand the image they present with their pit bull.   Pit bulls are generally good dogs in the right hands.   In the wrong hands, they can be dangerous and deadly.

 

The two siblings in Lancaster, Pennsylvania were with their mother and had no idea that a pit bull named Eclipse, one street over was about to change their lives forever.   He  was determined to inflict harm.   No one provoked the 66 pound pit bull.    The owner has been charged.    Eclipse had bitten the owner’s grandson last year and needed to be hospitalized but was never reported.     Eclipse was left alone in the backyard as his owner ran errands.   Irresponsible and criminal given Eclipse’s history.

Lisa Green was mauled at home by her own dog whom she loved very much.   Why did Leon turn on her?  Why did he rip her jugular apart?    Two years ago, Leon bit a neighbor’s Siberian Husky and bit a man’s grandson in the face several years ago.

In both cases,  these dogs had a prior history of biting.   It appears the previous bites weren’t reported.    Neighbors of Green said they rarely saw Leon outside.    Most likely,  fear of another bite prevented her.   Had both of their histories been known, would the outcome be any different?

Many times when a pit bull attacks, the owners tell reporters their dogs have never shown any signs of aggression.   Then BAM!   How do pit bull advocates account for this behavior?  Is it in their DNA or their environment to suddenly snap and maul someone?   What accounts for this out of control behavior to inflict harm, disfigurement or death?   Is aggressiveness in the DNA or as a result of their environment?   Or both?   Is it bad or lack of training?  Abusing this dog?

What if the person who has a pit bull has done everything right but the dog still attacks or kills, what caused the dog to do this?

Pit bulls aren’t for everyone.   Everyone who wants one shouldn’t.   This type of dog needs to be with the right, responsible people.     Without this,  more people will be killed and so will pit bulls.

 

Tina Evangelista-Eppenstein is a television talk show host, speaker, writer and is an unabashed  animal advocate.   Her love for animals is what drives her to promote awareness of the many issues facing animals.   She hosts the show,  ” A Close-Up Look at Animal Welfare Issues.”    She adores her tripawd, Brody.   If you’d like Tina to talk to your group or have a story, please email her at tevangelistaepp@yahoo.com.   Like https://www.facebook.com/ACloseUpLookAtAnimalWelfareIssues and check out AnimalWelfareIssues.com for all the tv shows, articles,  and podcasts you may have missed!