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Pit bull ban in Denver upheld

Denver, Colo. passed a city ordinance in 1989 banning pit bulls within city limits, but that ban was undermined by a state law passed in 2004 prohibiting singling out of any one dog breed. The city challenged the law on the grounds that it violated the state constitution, which protects a city’s right to home rule authority. In December 2004, the challenge was won in a district court, and the ban was upheld.

 
 

The ban was legislated after several incidents of dog attacks involving pit bulls. Between 1984 and May 1989 there were 20 pit bull maulings, including one that killed a three-year-old boy. In another incident, a neighbor had to shoot a pit bull to stop an attack on a reverend, and public outcry rose so high that the city started drafting the ordinance banning pit bulls from city limits. The ordinance passed into law on July 24, 1989.

 

 

Of course pit bull owners disagreed with the new law. On June 1, 1990, pit bull owners lost a suit against the city which stated that banning pit bulls was a violation of constitutional rights. The district court asserted that: “It cannot be proven that pit bull dogs bite more than other dogs. However, there is credible evidence that pit bull dog attacks are more severe and more likely to result in fatalities.” The court also stated that it a change was needed to the ordinance’s civil administrative process, and gave the city the burden of proof. The pit bull owners appealed the decision to the Colorado Supreme Court based on this statement.

 
 

However, they lost this round too. The Supreme Court upheld the decision on several grounds including:

 
  1. The city does not have to scientifically prove that a particular dog is considered to be a pit bull; expert opinion is enough
  2. Pit bulls are stronger, more likely to attack, and less likely to retreat when injured than other dog breeds
  3. Pit bulls and in fact all dogs are deemed to be “qualified property,” and are therefore subject to “the proper exercise of police power” to protect public health and safety

The new state law enacted April 21, 2004 specifically stated that cities and counties in Colorado could not choose bans on dogs based on breeds. Denver subsequently suspended their city ordinance, but took the issue to court. After the city won its case, the ordinance was reinstated, and keeping its citizens safer from pit bull attack once again.

 
 

If you have been bitten, mauled, or otherwise injured by a pit bull or any other type of dog, contact a personal injury lawyer at Jim S. Adler & Associates. We have over 30 years of experience protecting the rights of innocent victims from all types of personal injury including dog attacks. Don’t face your medical bills, lost work, and pain and suffering alone. Contact Jim S. Adler & Associates right now by clicking the link on this page and get the compensation you deserve.

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