ALERT - Duncanville, TX - BSL

Pits in the news and info on Breed Specific Legislation.

Postby Tiger » June 16th, 2008, 11:03 pm

Calling all Texans! Get ready to fight BSL here, on our own turf!

http://www.todaynewspapers.net/articles ... ogcomments

Duncanville » News
Breed ban backed

By ANGEL MORRIS
Wednesday, June 11, 2008 10:47 AM CDT
Crime scene tape and Duncanville Police cars in the 300 block of Partridge Run May 20.

Managing Editor

Duncanville City Council took a step toward a breed-specific dog ban with a unanimous vote June 3.

The council approved a resolution supporting the introduction and passage of breed-specific legislation for local municipalities concerning dangerous dogs.

“Because of a rising number of pit bull attacks I support (this ban). I'd also like to thank the council for taking the initiative to champion this issue and further protect the citizens of Duncanville,” resident Kevalyn Townsend said during a public forum about the ban possibility.

A number of residents spoke in favor of such a ban, citing personal attacks or ones they had witnessed. All who spoke specifically cited the pit bull breed.

Along with three separate attacks on animals in May, one woman was also attacked as she and her grandchildren walked their dogs in a Swan Ridge Estates alleyway. The city ordered that animal destroyed but had not confirmed rulings on the pits involved in the other animal attacks at press time.

While state legislation prohibits breed-specific bans, some cities have enacted such bans successfully. A recent victim believes Duncanville can do so, as well.

“I've done a lot of research and if other cities can do it, I believe Duncanville can do it,” Mary Ellen Miles said, citing Madisonville, Texas, as one city with a successful breed ban.

Miles also noted that courts had reinstated a Denver, Colo., breed ban after it was removed by the state.

According to Duncanville Animal Control officers, there were 10 animal attacks involving pit bulls in 2007. In the first five months of 2008, there have been seven pit bull attacks. This number comprises attacks on humans and other animals including livestock, according to Public Information Officer Tonya Lewis.

Now the city must determine which breeds to ban, and how such a ban will impact residents moving into the city with those breeds versus those already in the city.

The Madisonville referenced by Miles requires registration of dangerous dogs and at least $100,000 of liability insurance coverage should the dog attack.

Enforcing the ban is another issue the city will face. Step one, however, is appealing to the state for lenience toward the ban.

“This is quite a task taking on the state and it will make an interesting session even moreso,” Mayor Pro Tem Dorothy Burton said, thanking Councilman Scott Cannon for championing the cause. “We've had too many people injured (so) it is worth it.”

City Secretary Dara Crabtree said they hope to find strength in numbers when it comes to the ban.

“We will be sending a letter to the area cities requesting them to adopt a similar resolution and ask them to send it to their representatives requesting their support,” she said. “And we will be working with the Texas Municipal League on this matter.”
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Postby cheekymunkee » June 17th, 2008, 12:22 am

You can bet Garland will be right behind them. :x
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Postby Tiger » June 17th, 2008, 8:35 am

NTBBC & LSSPBC members will be, in the near future, making trips to Duncanville to pass out educational materials and advise as many residents as possible of what is to come if they do not personally speak out and fight against this proposed BSL issue.

This issue must be stopped dead in its tracks and we would appreciate anyone and everyone willing to help.

More details to be provided as available.

~Tiger
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Postby pitbullmamaliz » June 17th, 2008, 9:03 am

I thought Texas was one of the states that specifically prohibited towns passing BSL?
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Postby Tiger » June 17th, 2008, 9:09 am

It is supposed to be, however, the little town of Madisonville, TX already passed their own form of BSL earlier this year - which is horrendous beyond belief. Duncanville mentions that fact in their own reasoning behind believing that they, too, can also pass BSL. And if the majority of Texans keep quiet, (just like they did when Madisonville passed THEIR BSL), that is exactly what will happen. BSL will sweep this state.

People cannot be apathetic about this issue and think that it will not affect them. Texans must speak up - loudly - and stop this in its tracks. Because Duncanville does not just want to change city law, they want to change Texas state law!

~Tiger
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Postby cheekymunkee » June 17th, 2008, 12:58 pm

It is possible that Madisonville could have their BSL overturned. IF the citizens would challenge it in court which none of them have done. No one but the citizens of the city can do it.
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Postby Tiger » June 17th, 2008, 5:57 pm

Folks, if you want to help - really want to help, we need warm bodies to talk to people and also to help pass out educational materials in an effort to fight this proposed BSL. Now is the time to do more than just say how bad BSL is. DFW people, you have the chance to actually help fight this on our own turf, in our own state. Please, please join us.

Members of LSSPBC and NTBBC will be meeting at:

Petsmart in Duncanville / South Dallas
2964 W Wheatland Rd
Dallas, TX 75237
972-283-3600

at 7pm on Thursday 06/19/08
and 9am on Saturday 06/21/08

Please join us.

Thank you,
~Tiger
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Postby cheekymunkee » June 20th, 2008, 3:15 pm

Email from an attorney that is on one of my lists


Ladies and Gentlemen ,

The article mentions "a Home Rule " exemption . Just to be clear , that is NOT possible . The State can't grant "leniency" . The law is what it is , and it is that way for a reason . These ideas are focusing on the wrong issue , are unenforceable (just ask the entire Dutch government that last week repealed it's decades old ban because it had " no effects " on dog bites )and have no support by any veterinary or reputable animal group . (Please see the attached from Dr. Golab , representative for the AVMA confirming in a JAVMA article that breed specific laws are not justified ).

"pit bulls" have been around for centuries and have served as wonderful pets and service animals . The most decorated dog in the military during WWI(on the cover of LIFE Magazine )was "Stubs" ....yes a "pit bull" . If you have a dog problem , enforce enclosure and leash restrictions which Duncanville already has on the books.

As for Madisonville , they have not attempted to enforce their ordinance . As soon as they do , and we have a named Plaintiff , a lawsuit will be filed for violation of State law (and other damages to property ) .

Respectfully , Jeff Shaver

-----Original Message-----
From: Today Newspapers [mailto:manager@ todaynewspapers. net]
Sent: Tuesday, June 17, 2008 10:30 AM
To: Jeff Shaver
Cc: KCagle@... le.tx.us; DGreen@... le.tx.us
Subject: Re: pit bull ban

Mr. Shaver - It is my understanding that that they do not believe they are exempt from state law. If I'm not mistaken, they are going to ask for leniency from the state with the awareness that state law does not permit breed-specific bans. - Angel Morris

Angel Jenkins Morris
Managing Editor
Today Newspapers
1314 S. Main St.
Duncanville, TX 75137


Please ask the council how "home rule " exempts them from following State law . They are committing an illegal act .


The Texas Constitution Article 11 - Municipal Corporations
Section 5 - Cities of more than 5,000 population, etc.
states: "... no charter or any ordinance passed under said charter shall
contain any provision inconsistent with the Constitution of the State, or of
the general laws enacted by the Legislature of this State."

Jeff Shaver

Jeffery J. Shaver
White Shaver
11200 Westheimer, Suite 200
Houston, Texas 77042
713/953-0860 telephone
713/953-0917 telefax
JShaver@WhiteShaver Law.com

*Board Certified - Personal Injury Trial Law
Texas Board of Legal Specialization
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Postby cheekymunkee » June 20th, 2008, 3:44 pm

Recap - Duncanville City Council Meeting



Also still under debate is Duncanville’s plan to ask the state for breed specific legislation targeting pit bulls. Fred Knight, one of the city’s most well-known voices of dissent, spoke in public forum. He questioned whether staff has researched if such legislation had been effective in other places.



He brought an AP press release about the Netherlands removing a 25-year ban on pit bulls because it led to no decrease in bite incidents. The Dutch government banned the dog breeding and possession of pit bulls in 1993 after three children were killed by the dogs.



“I imagine that because the government did not enforce laws they already had on the books, the new law did not provide the intended results,” Knight said. “We already have laws that would take care of the situation at hand if the city finds ways to enforce them.”



With the Main Street Master Plan now approved, the pit bull issue is now unquestionably front and center in the City of Champions.



http://www.pegasusnews.com/news/2008/ju ... reet-rede/

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Postby Tiger » June 20th, 2008, 9:50 pm

Yesterday evening there were members from NTCCB, LSSPBC, and a few other people out in Duncanville passing out anti-BSL literature. With very few exceptions, most Duncanville citizens who were given the literature had no idea that their city council is even trying to pass such measures. That is probably the biggest part of the problem - if a person does not know that the city is trying to sneak in an illegal bit of law - there is no way they can fight against the measure before it gets passed. No one can voice opposition of the issue if they are unaware of the issue. Our main reason for going again tomorrow, and as often as possible, is to let the citizens of Duncanville know exactly what is now happening and how they can fight against it.

Anyone care to join us tomorrow? We meet up at 09:00 at the Petsmart - address noted above.

Thanks all!

~Tiger
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Postby cheekymunkee » June 21st, 2008, 1:48 am

I'll try to make it. I wish it were a bit later in the day. I planned on being there Thursday night but my BFF had a problem with his dog so I had to drive them to the Mesquite er clinic & sit with them for a bit. Charlie is fine by the way, just a strained muscle in his back. Tonight 2 of my nieces & my nephew showed up out of the blue so if I can sneak away from them I will be there.
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Postby Tiger » June 21st, 2008, 4:27 pm

I actually ran across Fred Knight today when I was at Kroger putting fliers on cars. He said he is ready to go on making sure Dville does NOT pass this BSL. Anyway, it was a long day and I am tired. I put out more than 2,000 fliers by myself. 3 other members of NTBBC were also out and putting fliers on cars and speaking to people about why BSL is bad. We will back out there in force again next Saturday. I think.

~Tiger
Doja; TT, CGC, CD, CDX, UD
Gracie; TT, CGC, CD, CDX, UD, UDX
Otis; CD, CDX
Domino; CD, CDX
Come visit http://NTBBC.com - "Changing One Mind At A Time"
You are given but one life to live, use it wisely....
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Postby cheekymunkee » June 21st, 2008, 4:45 pm

Next Saturday should be easier for me to make. I'll even bring the kid & put her lazy ass to work.
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Postby Tiger » June 21st, 2008, 5:36 pm

Awesome! You can car pool with me if you like. There is plenty of room in the pooch mobile.

I am going to have to make up some more fliers as I used all of mine already. I found that the neon pink ones really got a lot of attention. so I will certainly make more of those.

~Tiger
Doja; TT, CGC, CD, CDX, UD
Gracie; TT, CGC, CD, CDX, UD, UDX
Otis; CD, CDX
Domino; CD, CDX
Come visit http://NTBBC.com - "Changing One Mind At A Time"
You are given but one life to live, use it wisely....
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