TOLEDO -- Ohio's law requiring restraint of dangerous and
vicious dogs is unconstitutional. That's the latest from the Ohio Supreme Court
which ruled, such a law does not allow the owners to prove in court that their
dog poses no threat.
The high
court in 1991 upheld the Ohio Law defining pit bulls as vicious. But in a 4-3
decision Wednesday, the court ruled it is unfair to deny the dog owner a
hearing to contest the vicious dog declaration before threatening the owner
with prosecution. And that means, there is no way of enforcing any constraint
laws or insurance requirements for vicious dogs.
Some say the
decision reopens the debate between public safety and individual property
rights. Joe Boyd has owned all kinds of pitbulls since he was twelve years old.
"I've never been bitten by one," Boyd said.
Boyd owns a
pitbull named Poncho. "He goes with me wherever I go. He sits in my van,
he rides with me. If I have an ice cream, he has one," said Boyd. Boyd
thinks the Ohio Supreme Court took a step in the right direction when it
declared the vicious dog law unconstitutional. He says pit bulls are basically
good dogs.
Lucas County Dog Warden Tom Skeldon is not happy about the
court ruling. He says it puts dogs above people. "In this case, they're
putting the rights of property owners, above the safety of people," said
Skeldon.
Several years ago, Skeldon was called in as an expert
witness when two pitbulls violently attacked an 11-year-old boy in Portage
County. "If this vicious dog law had not been in place, there is not a
single criminal charge that could be brought against these people by the dog
warden," said Skeldon.
Skeldon says
until now, dog wardens were able to cite people when vicious dogs were not
securely confined. He says it was like giving out a speeding ticket. "Both
are an attempt by an officer to protect public safety: You from hurting
yourself in a speeding car and me from keeping someone's dog from eating up the
mailman," said Skeldon.
Skeldon
says the vicious dog law also helped keep track of the ever-increasing number
of pitbulls in this area. In 1993 Skeldon picked up 50 pitbulls in Lucas County.
This year so far, he has already picked up 700.