The Problem with Breed Specific Legislation
The Problem With Breed Specific Legislation
The time has arrived, many say, for restricting the presence of- and even
eliminating- certain breeds of dogs. There have been many documented instances of
vicious dog attacks in cities across America . As a result, around the
country many communities are enacting laws based on the misguided belief that a dog's
breed is responsible for its behavior. These laws are commonly referred to as breed bans,
or breed-specific legislation. Breed specific legislation is any law that prohibits the breed,
or kind, of dog that someone is allowed by law to own. There are many
practical alternatives to these laws that would provide adequate protection to the general
public, without penalizing all dogs in certain breeds. Breed specific
legislation does not consider the individual dog, it's past actions and behavior, or even
the way that the dog was raised and treated by its owner. Just being the wrong breed is all
that is taken into account; the dog is presumed guilty until proven innocent. Every dog
has the potential to bite, even the most stringent breed specific legislation will not change
that. That is why, instead resorting to breed specific legislation, dog owners need to be
responsible and have their pets trained as puppies to avoid any behavioral or socialization
problems later on in life.
Dog owners often challenge the constitutionality of breed specific regulations.
The challenge is a difficult one because in general the courts defer to lawmakers, upholding legislation when there is some rational connection to the promotion of public
safety. Discrimination by breed of dog does not discriminate on the basis of a
constitutionally protected class such as race, sex, or religion. Discrimination,
therefore, on the basis of breed of dog is constitutional if there is a rational basis for the
classification and a reasonable relationship between the
The time has arrived, many say, for restricting the presence of- and even
eliminating- certain breeds of dogs. There have been many documented instances of
vicious dog attacks in cities across America . As a result, around the
country many communities are enacting laws based on the misguided belief that a dog's
breed is responsible for its behavior. These laws are commonly referred to as breed bans,
or breed-specific legislation. Breed specific legislation is any law that prohibits the breed,
or kind, of dog that someone is allowed by law to own. There are many
practical alternatives to these laws that would provide adequate protection to the general
public, without penalizing all dogs in certain breeds. Breed specific
legislation does not consider the individual dog, it's past actions and behavior, or even
the way that the dog was raised and treated by its owner. Just being the wrong breed is all
that is taken into account; the dog is presumed guilty until proven innocent. Every dog
has the potential to bite, even the most stringent breed specific legislation will not change
that. That is why, instead resorting to breed specific legislation, dog owners need to be
responsible and have their pets trained as puppies to avoid any behavioral or socialization
problems later on in life.
Dog owners often challenge the constitutionality of breed specific regulations.
The challenge is a difficult one because in general the courts defer to lawmakers, upholding legislation when there is some rational connection to the promotion of public
safety. Discrimination by breed of dog does not discriminate on the basis of a
constitutionally protected class such as race, sex, or religion. Discrimination,
therefore, on the basis of breed of dog is constitutional if there is a rational basis for the
classification and a reasonable relationship between the