Trying To Get a Dog Off Death Row (Broward County Dangerous Dog Law)

[WSJ_law_blog]

We had to find a way to mention dogs on the day that Michael Vick is released from federal custody. But this time the dog is the accused.

And for Mercedes, the pitbull mix, it’s ONE strike and you’re out.

Yes, Brian Hoesch’s Mercedes did attack and kill a cat without being provoked. According to Florida state law, that offense — a dog killing another domestic animal in an unprovoked attack — doesn’t prompt the death penalty after a first offense. But because Mr. Hoesch (and Mercedes) live in Broward County, Fla. — where a stricter ordinance that allows dogs to be put down after a first offense was recently put into place — they are subject to a different set of rules. Mercedes will be put down if Hoesch’s lawyers don’t get the new law struck down as unconstitutional.

”Dog kills a cat, or another dog, goodbye,” said Jason Wandner, Mr. Hoesch’s attorney, who’s trying to overturn the law. “The dog is just summarily executed. Under the new law, there are no second chances.” Click here to read the story in the Miami Herald on the issue.

A Broward Circuit Court judge recently rejected the argument that the new ordinance is unconstitutional, saying that the county has the right to make its rules more strict than the rest of the state.

According to the Miami Herald, about five such cases are appealing the constitutionality of the new law in Broward County, where 30 dogs have been put down as a result of the dangerous-dog ordinance since it was implemented in May 2008. Adam Goldfarb, a spokesman for the Humane Society of the United States, told the Herald that Broward County sports one of the nation’s strictest ordinances.

While he thinks the ordinance will be upheld, Bob Jarvis, of Nova Southeastern University, told the paper he can see the constitutional argument: “The county law allows the seizure of property — in this case, pets — without due process… You’re taking my property without giving me a chance to argue why I should keep [it].”

But to Stan Peters, who owned the cat Mercedes killed, there isn’t a good argument to be made for the dog. ”Being an animal lover, I hate to euthanize any creature,” he said. “But . . . it could happen again.”

Photo: AP

[sandra]

See also....


FORT LAUDERDALE
Broward owner hopes lawsuit would save dog on death row
A pit bull mix may be put down after it killed a cat unless the dog's owner wins a lawsuit challenging Broward County's dangerous-dog law.
Broward owner hopes lawsuit would save dog on death row - Broward - MiamiHerald.com
BY SUSANNAH BRYAN
Sun Sentinel



Save my dogs from the New Broward County Dangerous Dog Law
http://www.thepetitionsite.com/1/sav...gerous-dog-law

Everyone please help! My neighbors dog was in my yard aggravating my 2 dogs, while being provoked one of my dogs pushed the gate open ( which unfortunatly had not been properly relocked by my lawn maintenance company) and escaped. The two dogs began to fight in my yard, unfortunately the other dog, a Yorkie did not make it. I am at my wits end!!! They claim it was in thier yard when it was not. After seeing my dog escape I ran out and stopped the fight, my dog let go instantly however I have a Staffordshire terrier and she is 66 lbs and the other dog was very small. This was a horrible accident but with the new law they will put my dogs down since the neighbors can't seem to get their story straight. We are talking a matter of inches, now how can they kill them for a matter of inches. These are my kids and taking them away is wrong. I feel horrible about what happened and paid all the expenses for the vet in order to try and save the Yorkie's life. The neighbors have even claimed it was not our fault and the Animal Control has even said they are not dangerous but with the neighbors constantly changing their story my dogs still sit on DEATH ROW. Please help me save my dogs!!! Everyone please help! My neighbors dog was in my yard aggravating my 2 dogs, while being provoked one of my dogs pushed the gate open ( which unfortunatly had not been properly relocked by my lawn maintenance company) and escaped. The two dogs began to fight in my yard, unfortunately the other dog, a Yorkie did not make it. I am at my wits end!!! They claim it was in thier yard when it was not. After seeing my dog escape I ran out and stopped the fight, my dog let go instantly however I have a Staffordshire terrier and she is 66 lbs and the other dog was very small. This was a horrible accident but with the new law they will put my dogs down since the neighbors can't seem to get their story straight. We are talking a matter of inches, now how can they kill them for a matter of inches. These are my kids and taking them away is wrong. I feel horrible about what happened and paid all the expenses for the vet in order to try and save the Yorkie's life. The neighbors have even claimed it was not our fault and the Animal Control has even said they are not dangerous but with the neighbors constantly changing their story my dogs still sit on DEATH ROW. Please help me save my dogs!!! We the Linnuste Family need your help. Please help us save our babies, these are our children don't let them kill them! We thank everyone who has responded and who has taken time to care.signature

Pit bull owner fights Broward County law requiring killer dogs be euthanized
Pit bull mix kills cat; owner wants Broward County law on pet euthanization overturned - South Florida Sun-Sentinel.com
By Susannah Bryan
South Florida Sun-Sentinel
July 20, 2009



Mercedes, an 8-year-old pitbull from Victoria Park, has been on Doggie Death Row since November. (Michael Laughlin, Sun Sentinel / July 10, 2009)

Caymen and Haley were subject to Broward County's New dangerous dog law..they were on DEATH ROW but now are home safe and sound!

Guys! I'm an animal lover and I support you in trying to get your dogs off death row!
I just don't know what to do to support you! I also have two dogs and I can see how they can easily make a mistake by following their instincts! it's not fair that we (humans) grab animals and domesticate them, and then we make them pay the consequences of following their instincts. I think the law should put money penalties, or force us to take the dogs to intensive training if they make one offense, but killing the poor animal is just inhumane!!!!

And it's not fair that we see pedophiles living in our neighborhoods, or murderers walking free after a few years in jail. Perhaps we should apply one chance rules to them too??? they new what they were doing!!!!

Let me know how we can support. I will get all my dog lover friends together if necessary.
Who should we write to? should we meet somewhere? I don't know how to help, but I can't sit around and watch dogs be euthanized!

Maybe local city commissioners or county commisioners could help.