TAKE ACTION: Michigan residents, please send this email to your state senators and say, "I agree with
DogsBite.org" -- Or it might become an anti-BSL state. (
http://bit.ly/votenoSB239)
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INSTRUCTIONS: Please copy and paste this full letter into your email program. Simply write at the very top, "I agree with
DogsBite.org" -- or add you own unique text. Please include the bill number and your position in the subject line: "Please Oppose SB 239." At the very bottom of the letter are the senators email addresses. Copy and paste the full block into the "To:" area of your email. Hit send! You've just helped preserve about 30 jurisdictions in Michigan with pit bull laws. If SB 239 passes, every single pit bull ordinance in this state will be nullified.
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Dear Honorable Michigan Senators,
DogsBite.org is a national dog bite victims' group dedicated to reducing serious dog attacks. We are the oldest and largest nonprofit 501(c)(3) organization committed to putting the safety of humans before dogs and the principal source of information on this topic that is not owned, controlled, or funded by dog breeders, dog owners, veterinarian or animal welfare groups.
My organization strongly opposes SB 239.
We would like the opportunity to address several fallacy arguments being advanced by the supporters of SB 239, which will prevent local governments from enacting and enforcing ordinances that regulate dogs based upon breed, primarily pit bulls.
1. "Constitutional" and "property rights" arguments are invalid
Example fallacy: "Breed-specific laws violate our fundamental individual property rights"
Those were the opening words of April Almond, Senator Robertson's legislative director, who presented SB 239 to the Senate Agriculture Committee on September 17th. A common fallacy echoed by pit bull supporters.
To believe or to promote such an invalid argument would be to ignore American Jurisprudence. If the analysis of the sponsors of SB 239 were correct, there would have been no legal basis for any of the breed-specific law victories in appellate courts; not one breed-specific ordinance would have survived constitutional scrutiny. The fact is, the exact opposite is true. Why has every well-written breed-specific law been upheld after judicial scrutiny? Please see a full listing of these decisions (
http://bit.ly/constitutionalityBSL)
Private property issues have been re-litigated in breed-specific cases and each time have failed because this legal issue has been settled for over a hundred years when the United States Supreme Court ruled in Sentell v. New Orleans & Carrollton R. Co. - 166 U.S. 698 (1897) that “property in dogs is of an imperfect or qualified nature” and that government officials could shoot and kill loose dogs that pose a danger to the community. Please see Google Scholar search results for: "Sentell" and "property" and "pit bull"
2. "Breed-specific laws do not work" claim is invalid
Many jurisdictions have reported successful results after adopting a pit bull law. Our ongoing post, Cities with Successful Pit Bull Laws; Data Shows Breed-Specific Laws Work, tracks these cities and their results. Two cities are from Michigan: Saginaw and Ypsilanti Township. Both jurisdictions are proud of their ordinances, which are quite different too, emphasizing the need for local control. Two peer-reviewed studies from Canada and Spain also show a significant decrease in hospitalizations for dog bite injuries after enacting breed-specific regulations. (
http://bit.ly/bslworks)
a.) Effectiveness of Breed-Specific Legislation in Decreasing the Incidence of Dog-Bite Injury Hospitalisations in People in the Canadian Province of Manitoba, by Malathi Raghavan, Patricia J Martens, Dan Chateau, and Charles Burchill, Injury Prevention, Published Online First, June 30, 2012 (
http://bit.ly/1YITQTa)
b.) Decline in Hospitalisations Due to Dog Bite Injuries in Catalonia, 1997–2008. An Effect of Government Regulation?, by Joan R Villalbi, Montse Cleries, Susana Bouis, VÃctor Peracho, Julia Duran and Conrad Casas, Injury Prevention, 2010;16:408-410 (
http://1.usa.gov/1WrLuxl)
Legal references:
Sentell v. New Orleans & Carrollton R. Co. - 166 U.S. 698 (1897)
"The very fact that they are without the protection of the criminal laws shows that property in dogs is of an imperfect or qualified nature … Even if it were assumed that dogs are property in the fullest sense of the word, they would still be subject to the police power of the state, and might be destroyed or otherwise dealt with, as in the judgment of the legislature is necessary for the protection of its citizens." (
http://bit.ly/1jo6YwS)
Nicchia v. New York, 254 US 228 - U.S. Supreme Court 1920
"Property in dogs is of an imperfect or qualified nature and they may be subjected to peculiar and drastic police regulations by the State without depriving their owners of any federal right. New Orleans & Carrollton R. Co. - 166 U.S. 698 (1897)" (
http://bit.ly/1LVMgek)
Sincerely,
DogsBite.org is a national dog bite victims' group based in Austin, Texas. Our website contains a wide collection of data to help policymakers and citizens learn about dangerous dog breeds. Our research focuses on pit bull type dogs. Due to selective breeding practices that emphasize aggression and tenacity, this class of dogs negatively impacts communities the most. Learn more about us:
http://www.dogsbite.org/dogsbite-about.php
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sencyoung@senate.michigan.gov, senbjohnson@senate.michigan.gov, senmhood@senate.michigan.gov, senvsmith@senate.michigan.gov, sendknezek@senate.michigan.gov, senhhopgood@senate.michigan.gov, senpcolbeck@senate.michigan.gov, senjbrandenburg@senate.michigan.gov, sensbieda@senate.michigan.gov, sentrocca@senate.michigan.gov, senvgregory@senate.michigan.gov, senjmarleau@senate.michigan.gov, senmknollenberg@senate.michigan.gov, senmkowall@senate.michigan.gov, senmshirkey@senate.michigan.gov, sendzorn@senate.michigan.gov, senrwarren@senate.michigan.gov, senmnofs@senate.michigan.gov, senmobrien@senate.michigan.gov, senjproos@senate.michigan.gov, senjhune@senate.michigan.gov, senchertel@senate.michigan.gov, senrjones@senate.michigan.gov, senppavlov@senate.michigan.gov, sentschuitmaker@senate.michigan.gov, senjananich@senate.michigan.gov, senpmacgregor@senate.michigan.gov, sendhildenbrand@senate.michigan.gov, senameekhof@senate.michigan.gov, senmgreen@senate.michigan.gov, senkhorn@senate.michigan.gov, senjemmons@senate.michigan.gov, senghansen@senate.michigan.gov, sendbooher@senate.michigan.gov, senjstamas@senate.michigan.gov, senwschmidt@senate.michigan.gov, sentcasperson@senate.michigan.gov
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http://www.senate.michigan.gov/fysbyaddress.html