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 These ideas are focusing on the wrong issue , are unenforceable (just ask the entire Dutch government that last week repealed it's decades old ban because it had " no effects " on dog bites )and have no support by any veterinary or reputable animal group .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
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
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."
Jeffery J. Shaver
11200 Westheimer, Suite 200
Houston, Texas 77042
*Board Certified - Personal Injury Trial Law
Texas Board of Legal Specialization
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