Toledo's dog-bite law ruled constitutional
Posted by
Dale EmchAugust 02, 2007 12:20 PMToledo's dog-bite ordinance is constitutional and should not have been struck down, the Ohio Supreme Court ruled Wednesday.
Having handled numerous dog-bite cases in which a pit bull was involved, the Toledo lawyers in our office support the Court's ruling.
The decision was a major victory for Lucas County Dog Warden Tom Skeldon and people across the state who are concerned about the dangerous pit bulls create if not properly confined and handled.
The city's law requires pit bull owners to do things such as properly confine the dogs, not own more than one, and place muzzles and certain types of leashes on them when they're walked.
A local man had challenged the ordinance after he had been cited for a violation. Toledo Municipal Court Judge Francis X. Gorman ruled the law constitutional after extensive hearings. The Sixth District Court of Appeals reversed that ruling, which led to the Supreme Court's review.
The Supreme Court held that Toledo and Ohio lawmakers have the ability to regulate ownership of pit bulls as an exercise of their police powers. The Court found that Toledo's ordinance was rationally related to a legitimate governmental interest so it was constitutional.
Mr. Skeldon was the driving force behind Toledo's law and he's been a champion of stricter pit bull laws at the state level. He, better than anyone in the county, understands what a problem pit bulls present in this city and the dangers they create. The number of pit bulls his deputies have captured continues to climb each year despite aggressive enforcement of city and state laws. Other communities that have not addressed the pit bull problem are paying the price now.
At our office, we handled dog-bite cases on a frequent basis and most of them involve pit bulls. When pits bite, they grab and hold, which can cause more serious injuries. Any law that places reasonable restrictions on pit bull ownership is positive as far as we're concerned.
To read the Supreme Court's decision, click here. Read more coverage about the case in the Toledo Blade.
For more information on this subject, please refer to our section on Property Owners' Liability.