In 1989, the City of Denver passed an ordinance banning pit bulls. Over the years, it has survived a wide variety of legal challenges. The most recent legal challenge was dismissed in federal district court late last year. Last Wednesday, the 10th Circuit considered that dismissal in Dias v. City & County of Denver, 08-1132. The 10th Circuit affirmed most of the trial court’s decision; however, it reversed the trial court’s dismissal of plaintiffs’ substantive due process claim. Although the Court held that the human/companion animal bond is not a fundamental liberty interest, and thus that the ban was only subject to rational basis review, it nevertheless remanded the case back to the trial court for further consideration of this claim. In doing so, the Court noted that the ban could be construed as irrational in light of the official breed guidelines from the American Kennel Club and the United Kennel Club which expressly state that American Pit Bull Terriers and Staffordshire Bull Terriers are noted for extreme friendliness towards people and gentleness with children. Of course, the Court goes on to note that plaintiffs' chances of prevailing under this standard of review are quite remote.
Interestingly, this case comes about six months after the American Bar Association’s Government and Public Sector Lawyer’s Division published an article noting that breed specific dog bans are falling out of favor among local governments. The article cites to several studies which find that breed specific bans are expensive to enforce and are largely ineffective at reducing dog attacks. The reason is simple: dog attacks are correlated to reckless owners, not to a particular breed. Perhaps this case will encourage the Denver City Council to reconsider this ordinance.
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