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INTERNATIONAL
DOG LAW UPDATE:
BSL is still with us! BREED SPECIFIC Legislation is being fought on at three fronts as 2003 begins. Campaigners are stepping up their action around the world to tackle three new ’hotspots’ for BSL in Denmark, Italy and the State of New Jersey, USA, as well as continuing to target existing BSL areas in Australia, Germany, the USA, the UK and several other European countries. The Danish Justice Department has a new proposed Dangerous Dog Law which will go into effect the 3. June 2003. The new proposed dangerous dog law contains the following clauses: 1. A ban on dog fighting 2. That any breed of dog can become dangerous (Owner problem) 3. That the existing ban on the American Pit Bull Terrier & Tosa Inu remain in place. 4. The Amstaff, Dogo Argentino, Fila, and Neapolitan mastiff, will not be banned, as previously suggested. Poul Poulsen, co-ordinator of the European Legislation Department of the Washington Animal Foundation told OUR DOGS: "It is now up to the different organisations to criticise the newly proposed dangerous dog law. I was told by Joachim Kromann, the person behind the proposed law that the ban on the APBT and Tosa inu can still be lifted. It is the Danish Justice Department’s recommendation that the ban should be kept. "I think that we have a good chance of lifting the ban on the American Pit Bull Terrier and Tosa Inu. We therefore need to keep the pressure on the Danish Justice Department, because if we succeed in Denmark it will have a good effect in Europe. There are various people that dog owners can contact to make their point that BSL does not work and to call for a lifting of the breed ban." Poulsen points out that The Animal Council was appointed by the Danish Minister of Justice under section 26 of the Animal Welfare Act to provide counselling to the Minister, when required, in connection with the drafting of specific rules under the Animal Welfare Act. The Council believes that banning certain dog breeds is not the way to go, However, they still recommended the justice department to keep the ban on the American Pit Bull Terrier and Tosa Inu, because it has apparently been shown to have had a good effect. Poulson suggests that dog owners e-mail the Council’s Chief Veterinary Surgeon Svend Johansen and tell him that BSL does not work. Email: jm@jm.dk . Insert ‘Veterinary Surgeon Svend Johansen’ in the subject line. Poulson adds: "Also, the main person responsible for the new proposed dangerous dog law is Joachim Kromann, who works in the civil and police department in the Danish Justice Department. As he told me that the ban could be lifted, people should also e-mail him to point out that BSL does not work." E-mail: jm@jm.dk and put Joachim Kromann in the subject line. Minister of Justice Campaigners are also asked to email the Danish Minister of Justice (Lene Espersen) and tell her that BSL does not work. E-mail: kflees@folketinget.dk Cesena, Italy Giordano
Conti, the mayor of the town of Cesena, Italy, has passed
an ordinance banning the ownership, breeding, and sale of
the following breeds within the city that he governs: Meanwhile,
in the USA, WAF’s main American body is gearing up for
a legal battle within the State of New Jersey. WAF’s
President Cynthia McCammon told OUR DOGS that a Bill (No.
A2906) to introduce BSL into the state, proposed by Assemblyman
Burzichelli and directly aimed at Rottweilers and Bull Breeds
is not only unconstitutional, as was proved by WAF’s
staggering legal victory in Alabama’s Supreme Court in
2002, but also that the Assemblyman’s campaign is being
supported by an extremist animal rights organisation which
believes in BSL as a means of eliminating a large number of
‘captive’ dogs. McGammon continues: "A2906 is a bill that criminalizes responsible dog owners and is an attempt to exterminate specific breeds from New Jersey. It's intent is the agenda of PETA and it must be stopped. *This is a letter WAF has sent out to New Jersey, we suggest everyone flood the leadership of the Democratic and Republican Party with whatever information can be provided. January 6, 2003 To New Jersey Senators and Assemblymen: With this letter is a letter that was sent to Assemblyman Burzichelli. He is the sponsor of A2906, a bill which discriminates against certain breeds of dogs and their owners. On December 20, 2002 the Assemblyman’s office staff made our foundation aware that the support for the bill is coming from PETA. The claim is American Pit Bull Terriers and Rottweilers are responsible for biting, attacking and killing more than other breeds, this information is incorrect. PETA is under federal investigation and it would appear Assemblyman Burzichelli supports the agenda of PETA. Eleven US states prohibit breed specific legislation and where it has been passed it is being repealed or had been repealed either through court action or legislation. The Washington Animal Foundation is a Seattle based international non-profit corporation that advocates for responsible dog ownership and regulation and control of dangerous dogs. We have drafted dangerous dog legislation for the US Government to be used on military installations in place of breed specific legislation. In 2001 we drafted Louisiana'sstate dangerous dog law under crime and punishment for dangerous dogs in place of breed specific legislation. We have worked with legislators in the US and Europe to stop ownership of dangerous dogs drafting effective legislation. In 2002 in a case heard in the Alabama Supreme Court we proved American Pit Bull Terriers are not genetically dangerous. We support laws that focus on irresponsible dog ownership that are enforceable and constitutional. A2906 violates responsible dog owners rights: It violates Substansive Due Process, the arguments posed to support breed specific legislation claim American Pit Bull Terriers are dangerous and the number of reported deaths and attacks are used laying blame the to the American Pit Bull Terrier. There is no scientific proof any breed of dog is genetically dangerous and the statistic's on dog bite's and human fatalities are false that have been used to support breed specific legislation. There has never been scientific evidence to prove the American Pit Bull Terrier is genetically dangerous. (Shelia Tack v Huntsville) (Zuniga v San Mateo Department of Health Services) (EBA v Acadia Parish) (Carter v, Metro North Associates) A2906 violates Equal Protection because there is no scientific proof that the breeds named in A2906 are inherently more dangerous than any other breed. Procedural Due process is violated because the legislation is vague, there are over 25 breeds than can be mistaken for the American Pit Bull Terrier and in Rowe v. Cincinatti and other cases this has been proven. A2906 violates Federal Legislation under the AWA. Hobby breeders are exempt from kennel license fees and there are countless hobby breeders in New Jersey. This legislation is a violation of the New Jersey and US Constitution, it is excessive and one of the worst attempts to regulate and control dangerous dogs in US History. There is no legal ground for this type of legislation. Nobody can comply this legislation, it's going to put responsible dog owners in jeopardy of criminal charges. It's making criminals out of responsible dog owners. You will create crime and you will cause your state financial burden with legislation that is not enforceable. There is legislation that can be passed that will stop ownership of all breeds of dogs by irresponsible owners and those who treat and abuse animals in a cruel way. We strongly suggest you vote no on A2906 Sincerely, Cynthia McGammon President WAF THE OUR DOGS NEWSLETTER To receive Breaking News dog stories direct to your Inbox,
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