Groups, owners push for change in Ohio's 'vicious' dog law

COLUMBUS - Dog owners and animal-rights groups yesterday urged lawmakers to rid Ohio of its distinction of being the only state that automatically brands dogs similar to ''pit bulls''as "vicious" by virtue of their existence.

But those currently and formerly charged with protecting the public from dangerous dogs countered the "pit bull" has lived up to its reputation as the type of dog most likely to bite in Ohio.

"Babies aren't inherently vicious when they're born," Lucas County Commissioner Ben Konop told the Ohio House Agriculture and Natural Resources Committee. "Children are not inherently vicious. … Dogs be-come vicious through nurture or lack thereof. There are some vicious pit bulls, but it is not genetically inherent in the breed."

The committee has before it a bill, sponsored by Rep. Barbara Sears (R., Monclova Township), that would drop the reference to a "breed that is commonly known as a pit bull dog" when defining what constitutes a "vicious dog" under Ohio's 23-year-old law.

The bill, which has not been scheduled for a committee vote, would strike related language stating that the "ownership, keeping, or harboring of such a breed of dog shall be prima facie evidence of the ownership, keeping, or harboring of a vicious dog."

Ownership of a "vicious dog'' triggers restraint, muzzling, and liability insurance requirements. Toledo's ordinance also limits such dogs to one per household.

Both the state law and Toledo ordinance were unanimously upheld as constitutional by the Ohio Supreme Court in 2007.

The law does not define what constitutes a "pit bull," fueling arguments that a "pit bull" is not a specific breed at all but rather an overly broad term based on a dog's appearance. The Supreme Court, however, has rejected the argument that the term is too vague.

Tom Skeldon, the former Lucas County dog warden who retired after a public backlash over his pound's high euthanasia rates, said the high court was not wrong.

"The job of dog warden is to protect the public from dogs," he said. "The law passed in 1987 was passed because of fatalities in this state caused by 'pit bulls.' The number-one biter in Lucas County has been the 'pit bull' the last three years running.

"I would plead with you, please do not take the only tool that now exists for your police officers, sheriff's deputies, and dog wardens to protect the public from vicious dogs away from us," he said.

Although retired, Mr. Skeldon remains a member of the Ohio County Dog Wardens Association. The association's past president asked him to testify on behalf of the association because of his knowledge on the issue, said the current president, Erie County Dog Warden Barb Knapp.

A spokesman for Gov. Ted Strickland said last night he has not had a chance to review the bill and does not have a position on it yet.

Rep. Dennis Murray (D., Sandusky), a committee member, admitted to what he said might be his prejudice against the ''pit bull.'' "There's something that is hot-headed about these dogs, that if they are abused or raised in the wrong environment, they're the ones that are more likely to explode," he said.

But he questioned whether state law should legislate against them and whether the state may have caused more harm by stigmatizing the dogs, making them more desirable to some elements of society. "That has probably caused a proliferation of ownership of these animals," he said. "I think most members of the public have no clue what these requirements are for these dogs and probably don't follow the rules that are probably well-intentioned to provide for public safety. But the unintentional result is we've stigmatized and probably caused more injuries in the long term."

Dr. Shawn Webster, a veterinarian from southwest Ohio, had tried unsuccessfully over several years while a state representative to remove the ''pit bull'' language.

"In spite of the folklore about pit bulls' jaw strength and aggressiveness, it has been my experience during my 37-year veterinary career that if owned responsibly, 'pit bulls' pose no more danger than any other breed of dog," he said. "I have many patients in my small animal practice that are considered by statute to be pit bulls, and they are excellent family pets."

Contact Jim Provance at:

jprovance@theblade.com

or 614-221-0496.