Tellings vs Toledo

Tellings Vs. Toledo

Be warned New Zealand - this is Breed Specific Legislation in action.

"It's not over yet" is the determined attitude of Paul Tellings.

This is the ludicrous result of Breed Specific Legislation. The ordeal for this family and their dogs began in 2003 when a health inspector checking for lead (Pb) reported Paul Tellings over his 3 dogs, 2 Pit Bulls and a mixed breed that fit the description of a Pit Bull (according to whom?). Paul, backed by the American Canine Foundation (ACF) has fought back, challenging the unconstitutional discrimination against citizens because of the type of dog they own and arguing against the presumption that Pit Bulls are inherently vicious.

It looked as though Paul, his attorney Sol Zyndorf, and the ACF had won the day when the 6th District court of Appeals agreed 2-1 the law was unconstitutional, determining that the law denied a dog owner his right to rebut the assumption that a dog is vicious because it is of a certain breed.

That decision prompted an appeal to the Supreme Court.

"[The law] was necessary to accomplish [the city's] goals, to single out pit bulls because of their particular notoriety and propensity for viciousness and because they are overwhelmingly involved in dog fighting," said the city's senior attorney, Adam Loukx.

Justice Maureen O'Connor, who 'disapproved' of the law but backed her colleagues anyway said: "You can say that maybe all fighting dogs are pit bulls, but you can't say that all pit bulls are fighting dogs. There are some very lovable pit bulls that are family pets, that are brought up with children in an environment where they don't bite or snarl or cause any of the problems that are characteristic of the first three definitions of a vicious dog."

Justice Evelyn Lundberg Stratton proved her inability to think straight when she likened government limits on pit bull ownership to limits on the use of alcohol, a legal product that has been shown to cause enough harm when consumed in excess that government felt it was necessary to regulate its use. When did legislation ever stop anyone getting drunk?

She further went on to make the following statement: "Here we have a dog that on one hand can be a very good family pet," she said. "But there's been evidence … that this dog is also used in a way that threatens the safety of children and police, frequently used by persons who are drug dealers, and so [there is] an attempt to control misuse of the product, the dog, which is property and does not have rights of its own."

Guns are property and don't have rights either. Will America ban the manufacture of the weapon most popular with criminals?

But the real show-stopper in this appalling matter is the revelation from Mr Zyndorf that the Lucas County Prosecutor's Office, removed a book containing Ohio dog attack fatality statistics from the court record and never returned it.

The American Canine Foundation is calling for accountability for what they see as evidence tampering, as the statistics in this book were pivotal to Paul's case, the disappearance of which was not discovered until the case arrived at the Supreme Court.

Cynthia McCammon of the American Canine Foundation is pulling no punches in the ACF's determination to have this matter exposed and dealt with at the highest level:

"The Tellings case involves evidence tampering, animal rights corruption and dirty politics from the Ohio Supreme Court. ACF won the Tellings case and the evidence is strong enough to survive in the United States Supreme Court. ACF will not back down and will not allow corruption to dictate the future of dog ownership in our country".

Glen Bui, founder of the American Canine Foundation, believes the U.S. Supreme Court will agree to hear the Toledo case.

“This is a national concern,” he said. “It involves more than American pit bull terriers. Some states are trying to ban 11 or 12 breeds at a time.” Here in New Zealand the anti-dog lobby wants to ban Pit Bulls, Staffordshire Bull Terriers and Mastiffs. Spot the agenda.

Meanwhile back in Ohio, as at the end of July, Lucas County Dog Warden Tom Skeldon boasts that 790 pit bulls had been confiscated or surrendered this year, a record number. He estimated that 60 percent of them were euthanased.

“The owners of these dogs are attracted to them because of their inherent genetic potential,” he said. “These dogs do what they are bred to do — grab on, hold on, shake, and not let go until it dies. The kinds of people who want that kind of animal are people who will exacerbate those inherent aptitudes through mistreatment and training. I don’t see them out there fighting poodles.”

Armed with this court victory, Mr. Skeldon said he plans to ask the county commissioners for permission to approach city council about enacting a mandatory spaying and neutering law for pit bulls.

You have just got to wonder what sort of human being goes to work year in year out and achieves nothing more than the joy of seeing so many animals die.

If you want to send messages of support to Paul and the guys at ACF mail to: legislation2006@hotmail.com

Original stories from the Toledo Blade:

http://toledoblade.com/apps/pbcs.dll/article?AID=/20070815/NEWS02/708150439&SearchID=73290342716852

http://toledoblade.com/apps/pbcs.dll/article?AID=/20070802/NEWS02/70802020

http://toledoblade.com/apps/pbcs.dll/article?AID=/20070405/NEWS02/704050358