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View Full Version : BSL Unconstitutional? Unlawful?



Alysser
01-07-2009, 06:33 PM
I was seriously thinking about this today while in History class. The Supreme Court of the United States only accepts cases dealing with states vs. people or vice versa and no civil suits. But can't someone sue a state, say Florida for BSL or California? Like how the cops or AC takes Pitbulls away from people because of this law, EVEN if the dog did NOTHING wrong. I think this is something that can really make it all the way to to supreme court, because in my eyes it's Unlawful and maybe even unconstitutional, and I'm sure people here would agree with me. I heard about something like this happening in Australia and the lady managed to get her dog back.

If this Supreme Court Case was won, wouldn't it be completely terminated in all the US? Or only the state that is being sued? Am I the only one who HOPES this happens, because that'd be awesome if we could get rid of this law. :rolleyes: Or am I just crazy?

It's just an idea...I found this online
http://network.bestfriends.org/ohio/news/2143.html

So I guess I was right? XD

shepgirl
01-07-2009, 06:48 PM
I don't know how the law works in other parts of the country but over here we do have bans on pits. Some groups tried to overturn the law but it didn't go over. If you had your dog before the ban was passed you are allowed to keep it under what they call a "grandfather's clause". But we are no longer allowed to bring them to the province and breeding them is illegal. If you do own one and you take it out it has to be muzzled at all times or if there are complaints they will take the dog and euthanize it. Even with no complaints this could happen if the police spot you or they might decide to issue a very strict fine. Your yard has to be totally fenced and the dog still needs to be muzzled even in your own yard. Just some of the things that I've read but I don't remember all the conditions.

Karen
01-07-2009, 07:05 PM
Animals are regarded as property by law. They are not subject to "human rights" so I don't see how BSL could be considered unconstitutional. Wrong? Sure. Dumb and small-minded? Hu-huh.

Alysser
01-07-2009, 07:06 PM
I don't know how the law works in other parts of the country but over here we do have bans on pits. Some groups tried to overturn the law but it didn't go over. If you had your dog before the ban was passed you are allowed to keep it under what they call a "grandfather's clause". But we are no longer allowed to bring them to the province and breeding them is illegal. If you do own one and you take it out it has to be muzzled at all times or if there are complaints they will take the dog and euthanize it. Even with no complaints this could happen if the police spot you or they might decide to issue a very strict fine. Your yard has to be totally fenced and the dog still needs to be muzzled even in your own yard. Just some of the things that I've read but I don't remember all the conditions.

That is terrible, it's like that here to. That's why I'm not sure if it could go over. Like, it's not a national law, but it goes by county and city and stuff. Some States have banned them completely, I believe. I would not listen to that law, my dog would NOT have a muzzle on in his own yard :mad: Maybe in public but not in his yard! That's obsurd :mad::mad: !

What I don't get is they call this the land of the "free" and "choice"? They should change that motto for sure!

Giselle
01-07-2009, 08:59 PM
Land of the free is ambiguous and restrictive. Land of the free does not = same-sex marriage? Try to reconcile that. Free speech does not = hate speech? Reconcile that. Freedom of religion and shall make no law affecting the establishment of a religion does not = Peyote and Native American traditions? Reconcile that.

The Constitution is sometimes not meant to be taken completely literally.

BSL is the least of the Supreme Court's worries, honestly. Don't mean to sound pessimistic, but a dog is a person's property and they don't have Constitutional rights. You could perhaps use a right to property argument, but then you'd have to deal with the "clear and present" danger of owning such property.

Law is abstruse. I don't think BSL will go away until we hit it at the core: education.

AA4PC
01-08-2009, 01:20 AM
What the heck does BSL mean in this context? I'm new to this discussion and would like to know...

Thanks,

John
AA4PC

shepgirl
01-08-2009, 09:28 AM
That is terrible, it's like that here to. That's why I'm not sure if it could go over. Like, it's not a national law, but it goes by county and city and stuff. Some States have banned them completely, I believe. I would not listen to that law, my dog would NOT have a muzzle on in his own yard :mad: Maybe in public but not in his yard! That's obsurd :mad::mad: !

What I don't get is they call this the land of the "free" and "choice"? They should change that motto for sure!

No one thought it would go over here either but it did. We even had demonstrators gather and made sure the media was there but they were ignored and finally escorted away by the police. Let's just say I'm glad that breed was not my breed of choice, but who knows when they will decide to ban my breed , or my neoghbours, or a friend's?
Lots of people ignore the muzzle law, some have been unfortunate to have been heavily fined and on the second offence their dog was taken away and euthanized. Some laws are great, some not so great, don't really know where it will all lead to.

Karen
01-08-2009, 10:01 AM
What the heck does BSL mean in this context? I'm new to this discussion and would like to know...

Thanks,

John
AA4PC

Breed Specific Legislation = BSL. Like banning pit bulls in a town.