United States District Court for the District of Colorado on 19th Street in Denver.
Fighting Breed Ban Upheld
UPDATE 11/20/08: Chief U.S. District Judge Wiley Y. Daniel has ruled in favor of the City of Aurora. Once again, the American Canine Foundation loses, making their "track record" undeniably horrific. The United States Supreme Court has also spoken on breed-specific law. The court rejected all grounds that a dog lobbying group brought forth: Procedural due process, Substantive due process, Equal protection of the laws and Void for vagueness.
Lobbying groups like the American Canine Foundation can intimidate cities with lawsuits. But in virtually all cases, their lawsuits are weak.
11/17/08: Doesn't Like the Muzzle
Aurora, CO - To avoid placing a "muzzle" on her pit bull-mix, Florence Vianzon Sasek is going to U.S. District Court to challenge Aurora's Fighting Breed ban. Aurora currently bans: Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, American Bulldog, Canary Dog, Cane Corso, Dogo Argentino, Fila Brasileiro, Presa Mall orquin and Tosa. Dogs that existed prior to the ban, such as Sasek's, must adhere to special restrictions.
Chief Judge Wiley Y. Daniel will hear the case. The case was filed on Sasek's behalf by the American Canine Foundation, a Washington state-based pit bull special interest group. Though Colorado State courts and U.S. District Courts have consistently ruled in favor of breed-specific law, Sasek's lawsuit says that Aurora's ban on the breeds is "unconstitutional," that the ordinance is "vague" and that the law was passed unnecessarily.
Aurora's ordinance already has been challenged in state court and was upheld. In January, a U.S. District Court in Colorado rejected a similar case brought against the Denver pit bull ban. The Denver case is currently pending before the U.S. 10th Circuit Court of Appeals. Courts in eleven states have upheld well-written breed-specific laws including: Ohio, Washington, Colorado, New Mexico, Florida, Arkansas, Iowa, Kansas, Utah, Wisconsin, and Kentucky.
Good luck Aurora City Attorney Charlie Richardson. It is our understanding that Judge Daniel rejected 3 of the 5 claims of this suit back in May. Today he will hear 2 claims, both of which may prove difficult: the issue of precedence and property seizure.
Related articles:
06/03/08: Aurora Fighting Breed Ban Will be Challenged in Federal Court
02/26/08: United States Supreme Court Leaves Intact Ohio Supreme Court’s Ruling..
Why would any “responsible” dog owner go to such lengths to avoid a simple muzzle? The American Canine Foundation is at the bottom of these foolish lawsuits and they have met little success to date. They waste their time and taxpayer money.
They try to make it cost as much as possible so others, that can not afford the proccess, will not try for bans. So protection becomes for those that can afford it. The rest of are at the mercy of these freaks, and we all know just how much mercy they have. NONE!
Apparently this American Canine Foundation is run by Greg Kohler and Glen Bui.
I found this http://www.nopitbullbans.com/?p=546 with Glen Bui and Cherie Graves, pit bull breeder, of the Responsible Dog Owners of the Western States, working together.
The chairwoman of the Responsible Dog Owners of the Eastern States, a person named Sandi Coy, was also listed on the staff of Responsible Dog Owners of the Western States. http://forums.ukcdogs.com/showthread.php?threadid=164936 and http://rdows.wordpress.com/rdows-position-statement-on-breed-specific-targeting-in-the-media/
This is what Sandi Sandra Coy, pit bull breeder, has been up to. http://www.campkatrina.net/Sandi%20Coy%20Page.htm and http://campkatrina.net/index%20b4%20Mark%20Martin.htm
Some of these dogs that were sent to Sandi Coy’s were Best Friends Hurricane Katrina rescues. They wouldn’t take the pit bull dogs to their sanctuary, but they did send them to Sandi Coy.
This is how many of the no kill groups keep their euthanasia numbers low, sending dogs off to places like this where their deaths don’t get counted.
Some amendment opponents have dubious reputations. For example, Sandra Coy is chairwoman of Responsible Animal Owners for the Eastern States, and has ties to North Carolina through fellow board member and dog breeder Andrea Press of Wilmington, an amendment opponent. (See “Couple banished from LaRue County on animal cruelty charges,” The News-Enterprise; and “County toughens leash law for dogs,” Pit Bull Community.)
Coy was charged in Kentucky with 12 counts of animal cruelty and reached a plea agreement with prosecutors earlier this year. She surrendered dozens of dogs, including 37 pit bulls.
http://nccrimes.blogspot.com/2008_08_01_archive.html
Great find anonymous! We should start a page just listing all these pit bull advocates that have been involved in animal cruelty. And the next time some pit bull owner repeats the common mantras, just give them the link to show them the type of people that gave them their informaion.
And they even linked to dogsbite.org for information
http://campkatrina.net/index%20b4%20Mark%20Martin.htm
I’m not sure anyone has considered the dog owners of the eastern/western states to be credible for decades. Even the pit bull advocates don’t like them.
Canine Race-Baiting fundraising tactics:
http://www.centennialsharpeiclub.org/Aurora%20CO%20alert.pdf
ACF Jailhouse Lawyering Fails once again!!!
http://www.denverpost.com/news/ci_11027581
These Canine Racebaiters will need to find another line of work soon…
Thank you Judge Daniel!
This is a HUGE victory! The dogfighters and pit bull breeders were really counting on a win here.
Lying liars and the lies they tell!
That must have been written before “Whitewash Jimmy” became a Pit Bull owner.
“Crosby is the animal control manager in Panama City and runs a canine aggression consulting firm.”
This is a conflict of interest.
He is using a public position to benefit and promote a PRIVATE business and agenda.
James (Jim) Crosby, testified on behalf of the American Canine Foundation and dog owner in this case. Crosby was called on to testify as an expert witness. He told the court that pit bulls “are no more aggressive than any other dog.” Crosby is the animal control manager in Panama City and runs a canine aggression consulting firm.
In the past 6 months, Crosby has removed the below section from his “Canineaggression.org” website. The original document has been found in cache and can be read at the following link:
http://209.85.173.132/search?q=cache:UPCmSJHkzGwJ:www.canineaggression.org/page11.html+%22do+not+stop+fighting+until+one,+or+both,+are+dead%22&hl=en&ct=clnk&cd=1&gl=us&client=firefox-a
“Enter now the Pit Bull, and other breeds specifically selected by Man to fight each other. These animals have several concerning behavioral difference from most other canines. When they fight, human intervention has selected for animals that do not turn off, and do not stop fighting until one, or both, are dead. There is no surrender for these animals. A fully submissive body posture is no more than another opportunity for them to disembowel their adversary.
As a corollary to this, these dogs seem to have a shorter negotiation sequence. Many times we hear of a Pit Bull or similar dog that “…just went off…” The expected precursors to a full fight seem to be lacking, much like the quick interactions we see with some teens and young adults these days; one insults another, and the first response is to “…pop a cap…” into the offender. Even popular Pit Bull sites on the Internet admit that fights between Pit Bulls can occur with little or no warning.”
Crosby is clearly aware that pit bulls INDEED present a unique danger.
“Crosby was called on to testify as an expert witness. He told the court that pit bulls “are no more aggressive than any other dog.” “
Bwaaaaaaahahahahaha! Idiot!
“Crosby is the animal control manager in Panama City and runs a canine aggression consulting firm.”
This is a conflict of interest.
He is using a public position to benefit and promote a PRIVATE business and agenda.
hmmm… this sounds very familiar….
“Enter now the Pit Bull, and other breeds specifically selected by Man to fight each other. These animals have several concerning behavioral difference from most other canines. When they fight, human intervention has selected for animals that do not turn off, and do not stop fighting until one, or both, are dead. There is no surrender for these animals. A fully submissive body posture is no more than another opportunity for them to disembowel their adversary.
HAHAHAHAHA!!!!!!!!!!!!
This was his opinion before he joined the cult.
Someone needs to do an intervention and de-program mr whitewasher.
The Perjurist apparently has left a comment:
Yes, I’m against the Judges findings. I can’t understand when or where the Judge had time to go over all the evidence. Taking only 15 min. after closing statements, to come to his finding makes one wonder if this was a Kangaroo Court? How could a Court find with the party (Aurora) that at time of Discovery hearings turned in zero ( that was zero) evidence or any witness list ( zero witness)? It was very irregular procedure for the Judge to allow witness to be added for Aurora after the last Discovery hearing. My God the Judge asked for bite records and the Animal Control stated that the records were lost in moving to different bldg. Be real.
So yes Bob, I’m against the Judges finding. I’m sure that there will be a Miss Trail filed.
Bob, the Judge said it’s ok for the 98.2% of the dogs that have attacked and bitten someone in Aurora, to continue running the streets. Where the dog that was responsible for 1.8% of the bites are Banned.
jim c
Joined: Nov 20
These people will stop at nothing in their lies — whitewashes — and deceit. A US District Court was a kangaroo court? It will be obvious exactly what type of court it was and what type of LOUSY case the ACF brought when the written ruling is released.
by elrod on Yesterday, 1:23 pm
An Aurora police officer arrests a man for murder and hold him for trail. The trail date comes . In court the D.A. is unable to present any evidence. This is due to Pre Trail where Aurora didn’t enter any evidence or witnes list. No physical evidence, no wittiness, no gun, no body, no motive. The Defense turns in a mountain of evidence in defense of accused murderer. After closing statements the Judge resigns and 15 min. later comes out with a finding “GUALTY”.
This is just what happened in Judge WILEY Y. DANIEL Court yesterday.
I’m sure as sure that the sun will raise tomorrow that there will be a Filling for a Miss Trail!!!!!
This Judge is transparent and his Bias was prevalent in his Court room yesterday. Judge Daniel you are a discredit to the Title of JUDGE. In the end the truth will come out and it will cost you your job. Both you and your Court are Corrupt and should and will be dismissed from the position of Judge, which in your case is a joke.
IS THAT YOU GLEN?
the problem is that groups like RDOWS, IL Director Beth Pensgard are paid by dog fighters. Dog fighting is a lucrative business now and they make major contributions to organizations like RDOWS to fight breed bans and tethering laws which could hurt a Dog Man’s business. A fighting dog needs to be chained to learn aggression and well breed bans would eliminate the dogs they use to fight. It is well worth it to invest in people like Pensgard because with their cries of “oh it’s our constitutional right!” it frees the illegal criminals of the underground dog fighting world so they can continue raking in money off of a dog’s misery.