Laws have deemed certain dog breeds — particularly pit bulls — illegal based on unfounded fear and shaky science. But that has started to change, as more cities have repealed their breed specific legislations.

Gardendale, Alabama’s City Council overturned its nearly 10-year pit bull ban in March. The law previously banned residents from owning the dog, as they had been deemed, “dangerous.”

Those who already owned pit bulls prior to the law passing were required to register their dog, confine them indoors under certain parameters and dogs were forced to be muzzled if out in public. Even worse, puppies who were born from already registered dogs had to be removed from the city limits within just six weeks of being born. People in violation of the law faced fines and had their dogs seized and sent to a shelter, or worse.

Mayor Stan Hogeland says the recent overturn faced some deliberation within the council, but in the end, unanimously passed. The decision to overturn came after the state passed Emily’s Law, which evaluates individual dogs after a reported bite or injury, as opposed to banning specific breeds. Hogeland says the town law was eliminated because the state law superseded.

Breed Specific Legislation, BSL, are laws that prohibit or limit a particular group of dogs from living or interacting in certain towns or cities, in order to prevent dog bites or dangerous interactions with the breeds specified. Pit bulls are the breed most likely to be targeted by breed specific legislation. But things are starting to change for pit bulls.

Just this year, at least four states have seen cities or towns repealing breed specific legislations, including Alabama, Ohio, Missouri and Maryland, with one Arkansas town currently considering a repeal.

The problem with breed specific legislation is that the discrimination is based on appearance, rather than DNA. This means if a dog simply looks like a pit bull — large head and chest, particular markings — it may be restricted under these laws. But, there are several types of “pit bull,” all with different characteristics. This can include mixed breed dogs who often look like pit bulls, but are just several breeds in one dog. Because the definition of “pit bull” is so arbitrary, the definition can change in different towns, making the laws even harder to comprehend for those living in surrounding areas. One dog may be allowed in one particular city, but banned in the next, simply based on how the law is framed.

“I think overall, it was pretty well-received,” Hogeland says of the repeal. “Again, the people who strictly do not like pit bulls, they felt like it needed to stay in place. But, those that feel like that was too specific, obviously applauded the effort.”

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Stacey Coleman, the executive director of Animal Farm Foundation, says breed specific legislations are “absolutely and definitely” being repealed in favor of the dogs.

“If you have legitimate lawmakers who have an interest in what’s right for the community, repealing and overturning BSL is an easy thing these days, because all of the information points to that BSL is not useful or effective,” she says.

Coleman says all attempts to pass breed specific legislations as a public safety measure have failed, partly because the laws focus on an “arbitrary grouping of dogs,” rather than specific dogs who cause problems or negligent owners.

“You cast a big net, but you’re not actually getting the dogs that are going to injure people or the owners who are negligent with their animals and allow them to injure people,” Coleman says.

There were 370,232 dog bites reported by the CDC in 2016. The number lowered to 354,275 in 2017. Although clear numbers are hard to find, it is generally believed that pit bulls are responsible for the highest number of bites among any other breed.

“What determines the severity of dog bites has nothing to do with the breed of the dog or breed labels that the dog looks like.” Coleman says. “It has to do with victim behaviors, the size of the victim, dog behaviors, intent of the dog and size of the dog — whether there is help around — there is a lot of different factors.”

Dog Bite Injuries in the United States from 2001–2017. Source: CDC

Breed specific legislation is not always an outright ban. The laws may even require muzzling, handling or sterilization standards for the specified breeds. Coleman says that insurance requirements for pit bull owners are usually enforced to protect bite victims, but expensive rates can also be put in place as a way to deter people from owning pit bulls in the first place.

State Farm is one national insurance agency that does not discriminate against particular dog breeds. “State Farm does not refuse insurance based on the breed of dog someone owns. When writing policies, we do not ask the breed of dog owned and we do not track the breed of dog involved in dog bite incidents,” State Farm Media Specialist Anna Bryant says. “We believe that educating dog owners about being responsible will reduce dog-related injuries because under the right circumstances, any dog might bite. Most dogs will never bite, but it is important to remember that any dog CAN bite regardless of breed or type. Responsible dog ownership and educating children and adults about dog body language and how to properly approach a dog is key to reducing dog bites.”

Homeowners insurers paid out $675 million in dog bite claims and other dog-related injuries in 2018, according to the Insurance Information Institute and State Farm. There were 17,297 reported bite claims in 2018, a 6.6 percent decrease from the year prior. In 2017, there were 18,522 dog bite claims.

In Maryland, a state bill was introduced in February to prevent insurance companies from discriminating against dogs based on breed when it comes to homeowner’s or renter’s insurance, by charging higher rates.

Cashae Butler lives in Baltimore, Maryland, with her pit bull Hazel. She says she has renter’s insurance, and didn’t have any problems with coverage for Hazel, as her renter’s pet fee usually serves as “insurance,” in case of an incident on the property.

“Hazel is super lovable.” Butler says. “She loves to be the center of attention, and she loves to cuddle and go on walks.”

Hazel — Photo provided by Cashae Butler

But, when Butler visits her father, she is not allowed to bring Hazel, as her father’s insurance would not cover Hazel, or Butler, in the case of a bite incident.When it comes to bringing Hazel out and about, Butler says she has faced some people who are fearful of her dog, based on how she looks.

“Because she’s the pit bull, if there is any situation or altercation with another dog, I have to be the one to apologize because I always have that fear, like, ‘Oh my gosh, if something were to happen and this is going to go to court, Hazel is instantly going to be guilty.’ because of her breed,” Butler says.

It is “next to impossible” for Butler to find housing with her dog. Hazel, who weighs roughly 60 pounds, usually exceeds an apartment’s pet size limit, or landlords will not allow “aggressive breeds,” including pit bulls. Whenever she starts looking for a new apartment, Butler tries to find a private landlord, rather than a management-owned building, so she can set up a meet-and-greet with Hazel and try to win them over.

Even in towns with no breed specific legislation in place, pit bull owners still have a harder time renting apartments or homes because of landlord rental policies. After a breakup, Matthew Lorence — who lives in Milton, Vermont — says he opted to purchase a home in 2015 because he was tired of looking for rentals that would accommodate both him and his 70-pound pit bull, Jax.

The process was long, so Lorence lived in an apartment while Jax stayed with some friends, who offered to foster the pit bull until they could move into their new home together. Unfortunately, Jax developed Dilated Cardiomyopathy and died just before he could move into his new home with Lorence.

Matthew Lorence with his pit bull. Photo provided by Matthew Lorence

“He had an enlarged heart,” Lorence explains. “Kind of ironic as gentle and loving as this dog was with everyone, that quite literally what killed him was his heart being too big.”

Lorence says adopting Jax changed his mind about pit bulls, and after Jax’s passing, he adopted another pit bull, Tank.

“It’s the worst thing to have to give up a pet. It’s not just a dog, it’s part of your family,” Lorence says of breed specific legislation. “It’s not cool to have to send a member of your family away just because you need to change where you live.”

Breed specific legislation has been around since the early 1900’s, Coleman says. Over the last few decades, targets have included bloodhounds, rottweilers, german shepherds and doberman pinschers, among other breeds. However, in the earlier days of breed specific legislation, stories would be printed in newspapers and eventually forgotten. Now, Coleman says, everything lives on the internet, making it easier to find negative stories. Rebecca Wisch, the Associate Editor at the Animal Legal and Historical Center, says social media may actually help combat the stigma against pit bulls. She said in the early 2000’s, news outlets would cover stories on vicious pit bulls, with photos of dogs lunging forward, teeth showing. But now, advocates and social media groups share positive videos of pit bulls to dispel any myths.

Breed specific legislation also impacts animal shelter operations. The ASPCA released a 2014 study from its Comprehensive Animal Risk Database that finds Pit bulls had the highest intake rate among any other breed — 52,951. Pit bulls were also the most likely to be euthanized in shelters with over 25,000 cases that year. But, they were only the third most likely to find a home, with just over 11,300 adoptions. The shelter statistics can partially be blamed on BSL.

Results of the ASPCA’s 2014 Comprehensive Animal Risk Database Survey. Photo from ASPCA Pro.

“It reinforces the idea that the dogs need to be treated differently or that the people who have them are negligent, so it reinforces misinformation. But I think even more insidious is that it causes families to break up. And by that, I mean if families have to give up their dog or give up their home, one or the other, which to me, seems really cruel,” Coleman says. “Also, it creates an issue for shelters. So, animal shelters, if they end up with a dog that may be targeted through breed specific legislation, they have to find other options for the dog or they have to euthanize the dog, which takes a lot of resources away from the community.”

Laura Tidwell, the adoption coordinator at ‘Bama Bully Rescue — one of Alabama’s only breed-specific rescue groups — says that having breed specific legislation in place not only makes it harder to adopt pit bulls out, but also makes it harder to keep foster homes in place. ‘Bama Bully Rescue does not have a physical shelter, but relies on a network of fosters. Tidwell says the rescue group would find great potential homes, but would have to deny the application because they lived in Gardendale or other towns in Alabama with breed specific legislation in place.

“We do get some backlash still from people who have the wrong idea about the breed, but that, thankfully, is starting to change,” Tidwell says. “For the most part, people are starting to realize that pitbulls are very much misunderstood.”

Cashae Butler says pit bulls are just like any other breed of dog. “Any dog is capable of being aggressive. Any dog,” she says. “If you’re going to be scared of pits, you should be scared of all dogs. They’re all so loving. Just get to know one. Because there are way more good ones than bad ones. And once you do, you’re going to fall in love.”

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