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Page 1: Pit Bull TerriErs & Breed-Discriminatory Lawsforallanimals.org/wp-content/uploads/2016/09/Factsheet...Today, pit bull terriers are oo Len the target of BDL, so when we read about BDL

Pit Bull TerriErs &Breed-Discriminatory Laws

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What is breed-discriminatory legislaon (BDL)?

Does BDL make communies safer?

No. Mulple peer-reviewed studies have found that breed-discriminatorylegislaon does not improve public safety. Also, mulple cies in the UnitedStates enacted BDL in the 1980s and 1990s in a misguided aempt toaddress dog bites. Decades of data from these cies tell us that BDL doesnot reduce dog bites or make communies safer.

The American Veterinary Medical Associaon (AVMA) did an in-depth reviewof dog biof dog bite studies in 2014. The review looked at studies from the last 40years and from 10 countries including the United States, the UnitedKingdom, and Australia). The AVMA concluded:

“There is no evidence that breed-specific bans reduce the rate or severityof bite injuries.”

Other countries have realized the same thing. The Public Health Departmentof Aragon, Spain studied dog bites before and aer BDL. It found that BDLwwas “not effecve in protecng people from dog bites in a significantmanner.” And in the United Kingdom, a study found that the ban on “pitbulls” did not decrease dog aacks.

Breed-discriminatory legislaon (BDL) is any law or policy that prohibits orplaces restricons on individual dogs because of their supposed breed.Somemes people use the term “pit bull ban” to describe breed-discriminatory legislaon, but BDL actually refers to legislaon thatprohibits any dog breed. Over me, different breeds have been targeted,including German Shepherds and Dobermans. Today, pit bull terriers areooen the target of BDL, so when we read about BDL in the news, it’s a safebet that the law is about them.

BDL also includes laws that don’t outright ban pit bull terriers but create defacto bans. In other words, the law might not say that pit bull terriers areprohibited, but the effect is the same. For example, the law might requireowners of supposed pit bull terriers to buy expensive insurance policies orkeep the dog muzzled at all mes. The law creates such tough restriconsththat many owners are forced to give up their family pet.

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Of course animal groups oppose BDL, do any other organizaonsoppose BDL?

Is “pit bull” a breed of dog?

Are pit bull terriers more aggressive than other dog breeds?

Mulple controlled studies of dog aggression and dog bites have found thatthis just isn’t true. For example:• A 2008 study published in Applied Animal Behavior Science, the journal ofthe Internaonal Society for Applied Ethology, determined that “…it isinappropriate to make predicons about a given dog’s propensity foraggressive behavior based solely on its breed.” (connued on page 3)

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No. “Pit bull” does not refer to a specific breed of dog. “Pit bull” is anumbrella term that includes a number of different dog breeds and mixedbreed dogs. The list of specific breeds included has expanded over me(and will likely connue to expand) but usually includes American Pit BullTerriers and Staffordshire Bull Terriers.

Not only is “pit bull” not an actual dog breed, there isn’t a single definionof “pit bullof “pit bull.” If a dog has certain physical characteriscs (like a square heador barrel chest), she may be labeled a “pit bull” regardless of her actualbreed.

Yes. Because of the overwhelming evidence, a wide range of groupsincluding the Centers for Disease Control, American Bar Associaon (ABA),the Naonal Animal Control Associaon (NACA), and the ObamaAdministraon oppose BDL. The ABA passed a resoluon in 2012 urging:

“[L]ocal legislave bodies…to adopt comprehensive breed-neutraldangerous dog/reckless owner laws that ensure due process protecon foroowners, encourage responsible pet ownership and focus on the behavior ofboth dog owners and dogs, and to repeal any breed discriminatory or breedspecific provisions.”

For a longer list of organizaons that oppose BDL, see Animal FarmFoundaon’s fact sheet, “Organizaons That Do Not Endorse Breed SpecificLegislaon (BSL).” 6

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Are pit bull terriers more aggressive than other dog breeds? (cont.)

So why do I hear more about pit bull terriers in the news?

Isn’t there a report showing pit bull terriers are responsible formore dog bite-related fatalies?

There is a study by the Centers for Disease Control that reviewed dog bite-related fatalies reported by the media in the 1980s. But the report reliedonly on these media stories instead of verifying the actual dog breed. Andif a news story didn’t name a dog breed, the report didn’t include it. Theresults were flawed and overemphasized pit bull terriers because that’swhat the media chose to report on. In any case, Centers for Disease Controleexplicitly does not support BDL because it is ineffecve.

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The media has sensaonalized pit bull terriers. The Naonal CanineResearch Council tracked four dog bite injuries covered in the local newsover the course of four days. The case involving a supposed “pit bull”received 230 newspaper arcles. The dog bite that killed a person onlyreceived two arcles. And aAnd again, “pit bull” is not a breed of dog nor is the term used scienficallyby media reports and even some early studies on dog bites. Journalists andbystanders mistakenly idenfy a wide variety of dogs as “pit bulls” usingvisual breed idenficaon. However, it is nearly impossible to idenfy adog’s breed without DNA tesng or knowledge of the dog’s breeding. As aresult, “any short-haired stocky dog is likely to be called a pit bull.”

Studies have found that visual breed idenficaon is so inaccurate that theNNaonal Canine Research Council decided, “Any studies that rely on visualbreed idenficaon, including those that link DBRFs [dog bite-relatedfatalies] and breed, can no longer be responsibly cited in the developingliterature.”

• A study of Golden Retrievers versus targeted dog breeds found thatGolden Retrievers showed aggression at the same rate. • And the AVMA Literature Review stated, “Given that breed is a poor solepredictor of aggressiveness and pit bull-type dogs are not implicated incontrolled studies it is difficult to support the targeng of this breed as abasis for dog bite prevenon.”

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If BDL doesn’t work, what does?

Why do communies pass BDL despite all the evidence that itdoesn’t work?

Somemes, legislaon is passed in response to a dog bite in the community.It’s a knee-jerk response fueled by a desire to improve public safety. But thelaw doesn’t actually fix the problem. One study on BDL noted that thepopularity of these laws “is based largely on fear…”

(connued on page 5)

Safer communies start with breed-neutral dog laws. Breed-neutral lawsaddress owner behavior and responsible pet ownership. The researchsurrounding dog bites and aacks has found, “preventable human decisionsregarding care, husbandry, and control of their canine charges” are the mostimportant factors.

And mulple studies have found that the way a dog is treated in his homeis is very important. A 2013 study by the Naonal Canine Research Counciluses the terms “family dogs” and “resident dogs.” A resident dog wasdefined as “a dog, whether confined within the dwelling or otherwise,whose owners isolated them from regular, posive human interacons.” A“family dog” was defined as a “dog whose owners kept them in or near thehome and also integrated them into the family unit.” Over 76% of dogbite-related fatalies involved a “resident dog.” In other words, it’s not thebbreed of the dog that maers, it’s the owner.

Thus, the most effecve laws are breed-neutral ones that focus on individualowners and animals. Two effecve breed-neutral dangerous dog laws, inSkokie Park, Illinois, and Highlands Park, Illinois, are available on the BestFriends Animal Society website.

From a wider standpoint, an-tethering and an-dog fighng laws alsoimprove public safety. Tethered dogs are more likely to be aggressive.Another Another study determined that 17% of reported dog bites (including dogbite-related fatalies) involved a dog who was tethered on their owner’sproperty.

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Why do communies pass BDL despite all the evidence that itdoesn’t work? (cont.)

Is BDL expensive?

Yes. BDL is expensive and me-consuming to enforce. Dog owners andtaxpayers suffer.Many cies and counes already have small animal control budgets, andBDL is another drain. The following are possible BDL costs:

• Animal control (seizing and impounding animals)• Sheltering seized animals (Prince George’s County, MD spent roughly $570,000 in two years in kenneling costs aer instung a ban) • Euthanasia (and disposal of body)• Court fees o Ligaon to Verify Actual Dog Breed - Owners can contest whether their pet is actually a pit bull terrier. DNA tesng is usually required in this cases, and the burden of proof (and payment) is on the city aempng to enforce the ban. o Americans with Disabilies Act - Breed bans conflict with disabled people’s right to have a service dog regardless of breed. o Constuonal Violaons - Some legal experts have argued that breed-discriminatory legislaon violates the 14th Amendment. A challenge could result in a lengthy court bale. (connued on page 6)

The case of Prince George’s County, Maryland is an example. Five yearsaer enacng BDL, the county created a task force to study whether thelaw was effecve. The task force determined that BDL was not effecve andvery expensive. The task force advised the county to repeal the breed-discriminatory language. But the legislature refused to listen and ten yearslater, the law is sll there. However, most cies are moving away from BDL.Cies and Cies and counes are repealing BDL at a higher rate than these laws arebeing passed. A 2014 USA Today story reported, “Over the past two years,more than 100 municipalies across the USA have overturned bans andother restricons that target dogs in the pit bull family…”

Today, the trend is toward breed-neutral laws. In fact, some states havepassed laws prohibing BDL because it’s so ineffecve.

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Is BDL expensive? (cont.)

If pit bull terriers make such great pets, why are there so manyin animal shelters?

The Fine Print (Sources)

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Pit bull terriers are one of the most popular breeds in the United States.As a result, a person is more likely to own a pit bull terrier than a GiantSchnauzer or a Portuguese Water Dog. Furthermore, some people try tocash in on the pit bull terrier’s popularity by overbreeding them to make alile bit of money. BDL itself also contributes to the higher rate of pit bullterriers in shelters. Families are forced to surrender their healthy, happypit bull pit bull terriers to shelters where most are killed.

1. American Veterinary Medical Associaon: Animal Welfare Division.(2015). Dog Bite Risk and Prevenon: The Role of Breed. Retrieved from:hps://www.avma.org/KB/Resources/LiteratureReviews/Pages/The-Role-of-Breed-in-Dog-Bite-Risk-and-Prevenon.aspx

2. B. Rosado et al., Spanish: Dangerous Animals Act: Effect of theEpidemiology of Dog Bites, 2(5) JOURNAL OF VETERINARY BEHAVIOR 166-74(2007).3. B. Klaassen, 3. B. Klaassen, J.R. Buckley & A. Esmail, Does the Dangerous Dog ActProtect Against Animal A acks: A Prospecve Study of Mammalian Bites inthe Accident and Emergency Department, 27(2) INJURY 89-91 (1996) 4. Madhani, A.(2014, November 18). U.S. Communies IncreasinglyDitching Pit Bull Bans. USA Today. Retrieved from:hp://www.usatoday.com/story/news/naon/2014/11/17/pit-bulls-breed-specific-legislaon-bans/19048719/

5. American Bar Associaon, Resoluon 100 (2012), available at:hhp://www.americanbar.org/content/dam/aba/administrave/mental_physical_disability/Resoluon_100.authcheckdam.pdf

6. hp://www.animalfarmfoundaon.org/files/5L-Orgs-that-do-not-endorse-BDL-2014.pdf 7. Dog Bite Risk and Prevenon: The Role of Breed (2015)(Connued on page 7)

Animal protecon group, Best Friends Animal Society, created a formulato esmate the annual animal control costs in cies or states with pit bullterrier bans. Using the esmated number of dogs and number of pit bullterriers, the formula calculates costs for enforcement, kenneling andveterinary care, euthanizing and disposal, ligaon costs, and DNA tesng.For example, the city of Albany, NY would have to spend $185, 667 on BDLeevery year.

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The Fine Print (Sources) (cont.)

8. Duffy D, Yuying H, Serpell J. Breed differences in canine aggression. ApplAnim Behav Sci 2008: 114 3: 441-4609. O , S.A., Schalke, E., von Gaertner A., Hackbarth, H., & Mimann, A.(2008). Is there a difference? Comparison of golden retrievers and dogsaffected by breed-specific legislaon regarding aggressive behavior. Journalof Veterinary Behavior, 3(3): 134-140.10. Dog Bi10. Dog Bite Risk and Prevenon: The Role of Breed (2015)11. Naonal Canine Research Council (2007). The Pit Bull Paparazzi.Retrieved from:hp://naonalcanineresearchcouncil.com/uploaded_files/nymce/2007%20Media%20Bias.pdf

12. Naonal Canine Research Council, Dog Bite-Related Fatalies: ALiterature Review. Retrieved from:hp://www.naonalcanineresearchcouncil.com/research-library/dog-bite-related-fatalies-literature-review

13. Sac13. Sacks, J. J., Sa n, R. W., & Bonzo, S. E. (1989). Dog Bite-Related FataliesFrom 1979 Through 1988. JAMA: Journal Of The American MedicalAssociaon, 262(11), 1489-1492.14. Naonal Canine Research Council, Dog Bite-Related Fatalies: ALiterature Review. Retrieved from:hp://www.naonalcanineresearchcouncil.com/research-library/dog-bite-related-fatalies-literature-review 15. Sacks, J., Sinclair, L., Gilchrist, J., Golab, G., Lockwood, R., 2000. Breedsof dogs iof dogs involved in fatal human aacks in the United States between 1979and 1998. Journal of the American Veterinary Medical Associaon 217,836-840.16. Naonal Canine Research Council, Dog Bite-Related Fatalies: ALiterature Review 17. Patronek, G.J., Sacks, J.J., Delise, K.M., Cleary, D.V., & Marder, A.R.(2013). Co-occurrence of potenally preventable factors in 256 dogbibite-related fatalies in the United States (2000-2009). Journal of theAmerican Veterinary Medical Associaon, 243(12), 1726-1736.18. h p://besriends.org/resources/pit-bull-terriers/dog-breed-ban-alternaves. 19. Jeffery J. Sacks, et al., “Breeds of Dogs Involved in Fatal Human A acksin the US Between 1979 and 1998,” Journal of the American VeterinaryMedical Associaon 15 Sept. 2000. 1120. Patronek, G., Slater, M., Marder, A., “Use of a number-need-to-banccalculaon to illustrate limitaons of breedspecific legislaon in decreasingthe risk of dog bite-related injury,” JAVMA, vol 237, Number 7, October 1,2010 (Connued on page 8)

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The Fine Print (Sources) (cont.)

21. Vicious Animal Legislaon Task Force, REPORT OF THE VICIOUS ANIMALLEGISLATION TASK FORCE 2 (2003) (Presented to Prince George’s CountyCouncil, July 2003), available at:hp://www.animalfarmfoundaon.org/files/Report_of_the_Vicious_Animal_Legislaon_-_Prince_Georges_County_-_2003.pdf

22. Janis Bradley (2014), “Dog Bites: Problems and Soluons,” Animals andSociety Instute, available at:hhp://www.naonalcanineresearchcouncil.com/sites/default/files/Dog-Bites-Problems-and-Soluons-2nd-Edion_0.pdf

23. Madhani, A.(2014, November 18). U.S. Communies IncreasinglyDitching Pit Bull Bans. USA Today. Retrieved from:hp://www.usatoday.com/story/news/naon/2014/11/17/pit-bulls-breed-specific-legislaon-bans/19048719/

24. Vicious Animal Legislaon Task Force (2003) 25. U.S. Department of Jusce, Civil Rights Division “Frequently AskedQuesons about Service Animals and the ADA.” Retreived from:hh ps://www.ada.gov/regs2010/service_animal_qa.html26. Best Friends Animal Society. (2012). Best Friends breed-discriminatorylegislaon (BDL/BSL) fiscal impact. Retrieved from:h p://besriends.guerrillaeconomics.net/

Breed-Discriminatory Legislaon hurts taxpayersand dogs alike. Support breed-neutral legislaonto make your community safer!