Friday, April 11, 2008
UPDATE 06/11/09: U.S. District Judge J. Leon Holmes dismissed a lawsuit seeking to challenge the constitutionality of pit bull bans approved by several Arkansas cities. Holmes dismissed the case without prejudice at the request of the plaintiff's attorney. The judge’s order stated: "In the event this matter is refiled, Plaintiffs shall pay the costs incurred by defendants in this action."
The plaintiffs include: Responsible Owners of Arkansas Dogs Inc., Richard Venable, Darius Sims, Mike Kierry and Phillip McCormick. According to the plaintiff’s attorney, the group needs to regroup as one has "disappeared," another is "deceased" and a third is "uncooperative." All eyes now fall upon Colorado, as the Dias case has been remanded back to federal trial court.
04/11/08: Pit Bull Lobby Argues Same Arguments
Arkansas - A federal judge says the cities of Beebe, Jacksonville, North Little Rock and Lonoke can continue to enforce their bans on pit bulls for now. Several U.S. District Courts have upheld pit bull bans as constitutional. As recently as March 2008, Sonya Dias Vs. The City and County of Denver, the U.S. District Court of Colorado dismissed a similar case.
The suit, brought by Responsible Owners of Arkansas Dogs (ROADS), alleges the ordinances' definitions of prohibited breeds are vague. It also says the ordinances interfere with due process by allowing property to be seized without notice, a hearing or fair compensation. It argues, as usual, that breed-specific laws violate the Fifth and 14th amendments to the U.S. Constitution.
The suit alleges the same grievances that are consistently upheld by state and federal courts as constitutional.U.S. District Judge Leon Holmes also denied a request from a group of dog owners and breeders to temporarily stop the cities from enforcing their bans while the group pursues its federal lawsuit challenging the local laws. Attorney Andrew L. Clark, who represents ROADS and four dog owners, said the case is tentatively set for trial December 1.
02/26/08: United States Supreme Court Leaves Intact Ohio Supreme Court's...
01/05/08: Arkansas Group (ROADS) Files in Federal Court to Stop Pit Bull Ban
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| 4/12/2008 2:25 AM |
More jailhouse lawyering from the Pit Nutters. The courts have repeatedly ruled that Pit Bull bans are a valid excerise of police power.
The same arguments were laughed out of federal court a month ago.