How We Won
May 04, 2012

United Airlines, the world's largest air carrier, has removed an embargo on nine breeds of dog they deemed "dangerous" based on appearance rather than the dogs' behavior. The policy shift comes after more than 45,000 people signed a petition started on Change.org by Jessie Huart when her 10-year-old pit bull, Slaw, was denied travel. Petition signers included military families, show dog breeders, dog trainers, veterinarians, and dog lovers and travelers around the world. The campaign was also supported by Best Friends Animal Society, which runs the nation's largest no-kill animal sanctuary. Jessie is grateful for the widespread support for the campaign and thrilled with the outcome, which she calls "a victory for responsible dog owners everywhere."

In a 4-3 decision, Maryland's highest court has ruled that owners of pit bulls, or mixed breed pit bulls, and landlords who allow tenants to have such dogs are strictly liable for damages resulting from the dog's attack. The decision in Tracey v. Solesky modifies Maryland common law relating to pit bull attacks.

It is no longer necessary in these cases to prove that a pit bull is dangerous. The presence of the animal on the premises is enough to establish a case for damages.

"This decision is about protecting the victims of pit bull attacks," said Kevin Dunne, the Ober|Kaler attorney who represented the Soleskys. "It is anti-pit bull owners who do not prevent their dog from attacking and viciously injuring a child in Maryland."

The victim in this case is Dominic Solesky, a 10-year-old boy who in 2007 was mauled by a pit bull. Solesky was seriously injured in the attack, requiring five hours of surgery, including repair of his severed femoral artery. He spent seventeen days in the pediatric intensive care unit, had additional surgeries, and spent a year in rehabilitation.

In 2008, Dominic's parents filed a complaint seeking money damages against the dog's owners and their landlord, alleging negligence and strict liability. The dog's owners subsequently declared bankruptcy. At trial, the court ruled that there was insufficient evidence that the landlord knew of the vicious nature of the dog. In 2011, the Court of Special Appeals reversed the lower court's decision. The landlord's insurer appealed to Maryland's highest court, and that court issued its opinion on April 26, 2012.

In modifying Maryland common law of liability relating to attacks by pit bulls and pit bull-mixes, the Court of Appeals concludes that "...Because of its aggressive and vicious nature...pit bulls and cross-bred pit bulls are inherently dangerous..." and goes on to "...impose greater duties by reducing the standards necessary to hold owners and others liable for the attacks of their pit bulls."

Pit bull proponents are up in arms over the decision, which could find Maryland's pit bull owners facing eviction notices from nervous landlords. The Humane Society of the United States has offered to work with Maryland dog advocates and members of the legislature to develop rational, science-based dangerous dog policies for the state out of concern for the state's pit bull population.

Betsy McFarland, vice president of The Humane Society of the United States' companion animals department, issued the following statement:
"In addition to our general concerns about the issues with breed-specific public policies, we believe that the court overstepped its authority. The decision acknowledged it was 'modifying the Maryland common law of liability.' A seismic shift in Maryland law of this nature should be undertaken by the legislature, not judges. The legislature should conduct appropriate fact-finding and hearings, consider the available science, and make a measured, non-emotional decision on this important policy issue.

We encourage advocates to call their state legislators to respectfully voice their concerns, and urge them to work with advocates on legislation in the next session that provides rational, science-based dangerous dog policies for the state. The Humane Society of the United States' companion animals department is in communication with shelters and rescues, and will be looking for ways to support them as they consider the ramifications of this decision."

Cheryl Bernard Smith of the Maryland SPCA urges lawmakers to reconsider, saying "Every animal is an individual, so to say that all pit bulls are inherently dangerous is absolutely untrue."

Lily was adopted in the spring of 2007. She is truly a part of the family in every way and has earned several nicknames. Most commonly she is referred to as "Little girl" due to her small size when adopted (but she surprised everyone with a growth spurt) and "Grandma" for the way she mothers the other dogs and shows the younger ones how to behave. Some folks may recognize her when we helped out at Canine Adventures. Lily loved her job and socializing. Lily still loves to hike and swim, especially swim! We have never had the privilege to have a "friend" enjoy the ocean as much as my husband and I. Lily unfortunately as some dogs do has torn a ligament in her knee. She needs surgery to help stabilize the injury and return her to a "normal" life. More importantly a Quality life where she can be pain free and again enjoy the ocean and hikes with us and her adopted siblings. Due to the high cost of surgery any assistance is appreciated.

Although Florida law expressly prohibits local governments from banning or restricting specific dog breeds, a grandfathering clause allowed Miami-Dade to preserve its existing prohibition on pit bulls. Breed bans punish good dogs and are ineffective because they don't address problems with irresponsible owners. The HSUS opposes breed bans, and believes dogs should be treated as individuals, not punished because of their breed. Communities should use well-enforced, comprehensive legislation that focuses on ensuring proper caretaking by dog owners, ideally in combination with better education and humane pet-keeping assistance programs, to achieve the same ends regardless of breed.

Two bills currently pending before the Florida legislature, SB1322 and HB997, would eliminate Miami-Dade's pit bull ban, and ensure that no Florida communities impose breed-specific laws or regulations. We urge Florida's lawmakers to pass these bills, and do away with breed bans entirely.

TAKE ACTION
Please make a brief, polite call to your Florida state representative and senator and urge support for SB1322 and HB997. Look up your lawmakers' phone numbers here.

After making your phone call, please don't forget to send a follow-up message.

Source:
https://secure.humanesociety.org/site/Advocacy?cmd=display&page=UserAction&id=5423&autologin=true&s_src=flha030212&JServSessionIdr004=2eyyp165n8.app304b

Shimmy was adopted from RDR well over a year ago to a loving family. She recently began displaying signs of injury and pain. Her family immediately got her to the veterinarian, where it was discovered she had a previously broken bone in her rear leg, prior to her being transferred from a Maryland shelter into RDR's program. While this bone healed and she displayed no issue for quite a longtime, she being the fun loving girl she is tore her ACL causing her meniscus to fold in half like a taco, causing excruciating pain!!! So, our girl Shimmy is in need of a repair surgery costing Over $3000. Her procedure will be done by the fabulous surgeons of Virginia Veterinary Surgical Associates. Please consider donating towards Shimmy's surgery, as this unexpected expense is more than most of us can afford in these tough economic times. All donations are tax deductible, thank you! Ring Dog Rescue, Shimmy and her loving family!