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Aniston Fraley Professor Isenkul ENGL110C November 14, 2023 A Case Against Dog Breed Legislation Many states incorporated dog breed legislation to regulate the rates of dog attacks. Breed specific legislation are laws created to restrict or ban dog breeds that are believed to be dangerous to humans and other species. These laws were created to effectively prevent dog attacks. However, they are completely unnecessary. Dog breed legislation is unneeded and biased because of dog breed discrimination, opposition to responsible dog owners, and ineffectiveness of regulating attacks. Many citizens believe that dog breed legislation will provide a safer environment without the worry of being attacked from certain breeds. Certain dog breeds are viewed in the population as dangerous, due to the media’s representation of them. For example, “The most significant point about the justification for bans or restrictions of pit bulls is that these are not dependent upon a claim that every pit bull has a higher-than-average propensity for attacking humans. The justification is based on the clear evidence that, as a group, pit bulls, compared to other breeds, generally have a higher propen- sity to exhibit unique behavioral traits during an attack. These behaviors have a higher likelihood of causing more se-vere injuries or death.” (Nelson 13). Nelson highlights the dangers of a certain breed, providing a fair point. However, a specific breed does not guarantee that they are genetically dangerous, especially if they are considered a ‘mixed breed’. Scientists have conducted a survey with veterinarians and the general public about identifying specific dog breeds. “These laws are often not effective at preventing dog bites because of how difficult it can be for many people, even veterinarians, to
accurately identify dog breeds (especially since about 50% of all US dogs are mixed breeds; and, while American pit bull terrier is a recognized breed by some organizations, “pit bull” is not a specific breed). This makes breed-based restrictions difficult to enforce and prone to error.” (Singler 1). Dog breed legislation would be considered ineffective because of the uncertainty of classifying the dog targeted. Certain dog breeds provide a challenge for owners when a dog breed law is in place. A key group of individuals find that banning a certain dog from the public will increase public safety. They promote restrictive dog ownership to reduce the dog-related deaths in the United States. For instance, “Breed specific legislation is aimed to protect the public from vicious dog attacks. It is largely justified by the vast government power to protect citizens and promote public safety. Despite Colorado outlawing breed specific legislation at the state level, cities like Denver and Aurora maintain their no pit bull laws.” (Jones, 4). The government may aim to protect the public; however, the dog-breed laws were deemed unconstitutional and very restrictive towards responsible dog owners. For example, “The dog owners in this case claimed the ordinance was unconstitutional, violating their rights to procedural and substantive due process and equal protection. Further, they claimed it was also unconstitutionally vague, and constituted a taking of private property.” (Jones 4). These owners' rights have been violated because they should have the right to own the dog. While some may argue that dog breed legislation is necessary to protect the public from certain breeds that are perceived as dangerous, it is important to consider the limitations and potential negative consequences of such legislation. For instance, studies have shown that breed-based restrictions can be difficult to enforce and prone to error, as accurately identifying dog breeds can be challenging even for veterinarians. Additionally, focusing solely on breed ignores the fact that any dog, regardless of breed, has the
promoting responsible ownership, it is possible to reduce the risk of dog attacks without resorting to breed-specific legislation. Dog breed legislation is a cruel, biased law for an issue that could not be solved. Many have disputed that they are unnecessary and harmful to dogs and dog owners alike. It is important to spread awareness of how dangerous BSL could be to the public, an owner’s rights, and dogs themselves. Prevention of dog ban laws are a hard-fought battle that is hardly recognized. Works Cited “Breed Bans and the Human-Animal Bond: Not Taking a Bite out of Crime.” AAHA , www.aaha.org/publications/newstat/articles/2023-2/breed-bans-and-the-human-animal- bond-not-taking-a-bite-out-of- crime/#:~:text=These%20laws%20are%20often%20not,some%20organizations%2C%20“ pit%20bull.” Accessed 17 Nov. 2023. Phillips, Kenneth K. “Arguments for and against Breed Specific Laws.” Dogbitelaw , 21 Sept. 2023, dogbitelaw.com/breed-specific-laws/arguments-for-and-against-breed-specific- laws/. “Why Breed-Specific Legislation Is Not the Answer.” American Veterinary Medical Association , www.avma.org/resources/pet-owners/why-breed-specific-legislation-not- answer#:~:text=Breed%2Dspecific%20legislation%20is%20discriminatory,dogs%20and% 20pet%20owners%20suffer. Accessed 17 Nov. 2023.
Kogan, Lori R, et al. “US Adults’ Perceptions of Dog Breed Bans, Dog Aggression and Breed-Specific Laws.” International Journal of Environmental Research and Public Health , U.S. National Library of Medicine, 16 Aug. 2022, www.ncbi.nlm.nih.gov/pmc/articles/PMC9408513/. Jones, Anna. “Full Title Name: Detailed Discussion of Breed Specific Legislation.” Animal Law Legal Center , 1 Jan. 1970, www.animallaw.info/article/detailed-discussion- breed-specific-legislation. “Comprehensive Study Concludes That BSL Is Ineffective.” Pitbullinfo.Org , www.pitbullinfo.org/bsl-is-ineffective.html. Accessed 17 Nov. 2023.
