Posted on August 31, 2015 by Colleen Lynn

Pit Bulls Are Identifiable Meme Campaign

DogsBite.org - For 25 years appellate courts have ruled that a dog owner of ordinary intelligence can identify a pit bull (See: Ohio v. Anderson, 1991). In addition to this, the high courts have ruled that scientific precision is not required when determining the breed (See: Colorado Dog Fanciers v. Denver, 1991). Yet still the myth persists ad nauseam -- pushed by the Pit Bull Propaganda Machine, pit bull advocates, animal groups and more -- that it is impossible to identify a pit bull.

Readers are familiar with this myth, which has variations like, "it is impossible to identify a pit bull" and "pit bulls can't be identified," and the mothership motto, "there is no such thing as a pit bull." In a series of 8 memes, directly quoting high court rulings, we highlight how the high courts have ruled on this subject. The courts have ruled that a pit bull is a breed of dog with distinctive traits that can be recognized by its physical appearance by a dog owner of ordinary intelligence.

"Pit bull dogs possess unique and readily identifiable physical and behavioral traits which are capable of recognition both by dog owners of ordinary intelligence..."
- Ohio v. Anderson, Supreme Court of Ohio (1991)

The series of memes are for readers to share on Facebook, Twitter, other social media networks and commenting platforms. They are especially effective as Facebook photo comments when debating "breed enthusiasts" who flock to Facebook to comment after a serious or fatal pit bull attack to defend the breed and disseminate false myths. You do not need to engage with these pit bull defenders, just post one of our memes as a photo comment -- no other words are needed.

Why This Myth Must Be Destroyed

The myth that it is impossible to identify a pit bull or that only an "expert" with a suitcase of science can achieve this task must be discredited. Nowhere do the high courts state that "expert" knowledge is necessary to identify a pit bull. Specifically, the high courts state, "a dog owner of ordinary intelligence can determine if he does in fact own a dog commonly known as a pit bull" and the "American pit bull terrier is a recognized breed of dog readily identifiable by laymen."

"The trial court found that the American Pit Bull Terrier is a recognized breed of dog readily identifiable by laymen."
- Garcia v. Village of Tijeras, Court of Appeals of New Mexico (1988)

Our memes are big and bold because we are shouting to the public: Yes you, a dog owner of ordinary intelligence can identify a pit bull! The high courts have clearly stated this. Do not allow this false myth to lead your confidence astray. Moreover, when faced with anyone who claims that a pit bull cannot be identified, whip out one of our high court memes -- it cannot be denied! So be bold, have confidence and help us dismantle this myth, long ago debunked by the high courts!

In Closing: It's an Old Recycled Myth

The weighty curse of this false myth cannot be expressed enough. While it is jarring to see the many pit bull specific rescues who claim, "there is no such thing as a pit bull" while operating a pit bull specific foundation or pit bull specific adoption program, understand that this claim is very old. All four of the high court decisions that were used in these memes (from 1988 to 1991) involved pit bull owners claiming in one way or another that a pit bull is "not a breed" or is "not identifiable."

This is how we think Judge Judy would respond to the Bryan Bickell Foundation's shenanigans.

Pit Bull Identification Meme Campaign

Suggested hashtags: #PitBullsAreIdentifiable | #ICanIDaPitBull

Colorado Dog Fanciers v. Denver, 820 P. 2d 644 - Colo: Supreme Court 1991

Ohio v. Anderson, 57 Ohio St. 3d 168 - Ohio: Supreme Court 1991

Garcia v. Village of Tijeras, 767 P. 2d 355 - NM: Court of Appeals 1988

Vanater v. Village of South Point, 717 F. Supp. 1236 - Dist. Court, SD Ohio 1989

Additional Analysis

To demonstrate the knowledge required to identify a pit bull, the high courts were specific: "An ordinary person could easily refer to a dictionary, a dog buyer's guide or any dog book for guidance and instruction" (Vanater, 1989), "Consistent and detailed descriptions of the pit bull dog may be found in canine guidebooks, general reference books" (Ohio, 1991), and "the commonly available knowledge of dog breeds typically acquired by potential dog owners" (Toledo, 2007).

We list these early high court decisions in chronological order below leading up to 2008, when the U.S. Supreme Court rejected Tellings v. Toldeo. Back in the late 80s and early 90s there was no Internet. By today's standards, if you can Google or if you have an iPhone, you can learn how to identify a pit bull. It is that straight forward according to the high courts. Today, dictionaries, dog breed profiles, dog breed information and AKC and UKC breed standards and more are online.

There is an ample body of literature which can aid in the identification of Pit Bulls and, most often, a Pit Bull is identifiable as such by its conformation. - Vanater v. Village of South Point, Dist. Court, SD Ohio (1989)

The other theme that runs through many of the constitutional challenges about pit bull breed identification is best expressed in American Dog Owners Ass'n v. Dade County, FL (1989). The Court wrote, "Plaintiffs contend that there is no such thing as a pit bull dog." Also in 1989, in American Dog Owners Ass'n v. Yakima, WA (1989), the Court wrote: "plaintiffs admit acquiring their pets believing them to be pit bulls, although they now aver they cannot identify the breed."

Fast forward to the Bryan & Amanda Bickell Foundation 25 years later claiming the exact same routine, "I am a pit bull owner" and "There is no such thing as a pit bull," echoing the old recycled themes from the mid 80s. While it is true that "some day" a reliable DNA test might come along for scientific identification, what is also true is that "there is no constitutional requirement that legislation be written with scientific precision to be enforceable" (Colorado Dog Fanciers, 1991).

Chronology of Identifying Breed

June 29, 1989
Vanater v. Village of South Point, 717 F. Supp. 1236 - Dist. Court, SD Ohio 1989

The Court concludes that the definitions of a Pit Bull Terrier in this Ordinance are not unconstitutionally vague. An ordinary person could easily refer to a dictionary, a dog buyer's guide or any dog book for guidance and instruction; also, the American Kennel Club and United Kennel Club have set forth standards for Staffordshire Bull Terriers and American Staffordshire Terriers to help determine whether a dog is described by any one of them.

August 24, 1989
American Dog Owners v. City of Yakima, 777 P. 2d 1046 - Wash: Supreme Court 1989

Finally, the plaintiffs fail to show vagueness "beyond a reasonable doubt." In fact, the plaintiffs admit acquiring their pets believing them to be pit bulls, although they now aver they cannot identify the breed.

November 30, 1989
American Dog Owners v. Dade County, Fla., 728 F. Supp. 1533 - Dist. Court, SD Florida 1989

Plaintiffs contend that there is no such thing as a pit bull dog...

Veterinarians opine that ordinary citizens may be trained to identify the breed of a dog based on the dog's physical appearance. In fact, one resident of the County gave testimony that he was able to determine the breed of the dog he owned after comparing its physical conformation to that of other pit bulls he had seen in the media...

Presently, there exists no better method of identifying a pit bull dog than by its appearance. Even if a scientific method is developed to identify breeds of dogs, an enforcement scheme will still depend on initial visual identification...

If, after consulting the ordinance, an owner remains in a quandary as to whether the ordinance applied to him, the owner could seek guidance from a dictionary, a guidebook to dogs or from his or her veterinarian.

February 13, 1991
Ohio v. Anderson, 57 Ohio St. 3d 168 - Ohio: Supreme Court 1991

Consistent and detailed descriptions of the pit bull dog may be found in canine guidebooks, general reference books, state statutes and local ordinances, and state and federal case law dealing with pit bull legislation. By reference to these sources, a dog owner of ordinary intelligence can determine if he does in fact own a dog commonly known as a pit bull dog...

As the court noted in American Dog Owners Assn., supra, at 1541, "[i]f, after consulting the ordinance, an owner remains in a quandary as to whether the ordinance applied to him, the owner could seek guidance from a dictionary, a guidebook to dogs or from his or her veterinarian."

August 1, 2007
Toledo v. Tellings, 2007 Ohio 3724 - Ohio: Supreme Court 2007

This court has previously held that the term "pit bull" is not unconstitutionally void for vagueness. In State v. Anderson, we stated: "In sum, we believe that the physical and behavioral traits of pit bulls together with the commonly available knowledge of dog breeds typically acquired by potential dog owners or otherwise possessed by veterinarians or breeders are sufficient to inform a dog owner as to whether he owns a dog commonly known as a pit bull dog."

February 19, 2008
Tellings v. Toledo, Supreme Court of the United States 2008

On February 19, 2008, the U.S. Supreme Court rejected the pit bull lobby's appeal of Toledo v. Tellings, making the Ohio Supreme Court’s decision final. There is no further appeal. The U.S. Supreme Court rejected all four constitutional arguments brought forth by the pit bull lobby, including: procedural due process, substantive due process, equal protection of the laws and void for vagueness (the pit bull identification issue). Read a deeper legal analysis of this decision.

The beauty of memes is that they inspire creativity! We created a series of jump starter memes -- including the Bryan Bickell Paradox, Can You Google?, Got an iPhone? and Judge Judy memes -- to help advocates get even more ideas and start making memes of their own. The jump starter memes are located in our Facebook album. Have fun and be bold!

Posted on August 26, 2015 by Colleen Lynn

2015 Dog Bite Fatality: Pit Bull Kills Woman, Injures Another in Davie County, North Carolina

The three recent fatal pit bull attacks mapped - breeders of fighting dogs territory.

Survivor is Pit Bull Owner
UPDATE 08/25/15: New information has been released about the fatal pit bull attack in North Carolina. On Monday, Cathy Wheatcraft, 48, was fatally attacked by her neighbor's pit bull. She had just gotten her mail and was walking back to her home when the dog attacked, according to Davie County deputies. The dog "drug her down the yard and fatally bit her," Sheriff Andy Stokes said. The pit bull also attacked neighbor Sheena Truesdale, 31, who tried to help the victim.

"[The pit bull] growled and charged me, caught me in my shoulder and that's what made me fall to the ground. We were fighting and then he caught my inner thigh." - Sheena Truesdale, survivor and pit bull owner

Truesdale tried to get into a nearby car to escape the animal, but the pit bull continued coming at her. After she got into the car and tried to shut the door, the pit bull latched onto her arm again. The dog was still latched on, trying to pull her out of the car, when a Cooleemee police officer arrived. "If it wasn't for that police man who showed up, [the pit bull] would've got me out of the car, my arm would've been much worse and I would probably be dead myself," Truesdale said.

The fatally attacking pit bull was declared a "nuisance animal" in May after escaping its owner's property and attacking a dog. In a strange twist, the victimized dog belonged to Truesdale. At some point before attacking the two women Monday, the pit bull escaped its owner's home through a window. Truesdale is a pit bull fan and owns three of them. Despite what she witnessed and underwent, she does not believe "pit bulls are aggressive dogs." Her death wish is her own.

View The Fox 8 segment shows that the pit bull jumped out of a window 10 or 11 feet up.

08/25/15: Declared a 'Nuisance Animal'
The Davie County Sheriff's Office has identified the fatal dog mauling victim as Cathy Wheatcraft, 48-years old. The woman was savagely killed by her neighbor's pit bull Monday night in front of her home at 243 Clark Road near Cooleemee. At the time of the deadly attack, she was checking her mailbox. The pit bull also attacked a neighbor who intervened to help, 31-year old Sheena Truesdale. She was transported to a local hospital and is in stable condition, officials said.

The fatally attacking pit bull belonged to Latisha Young who lives nearby. The dog was normally kept inside her home, but in this case "escaped through a window" while its owner was away at some point before killing one woman and injuring another. Just 3-months ago, the same pit bull was declared a "nuisance animal" after it escaped Young's property and attacked another dog. This time the pit bull escaped its owner's property and attacked two human beings, killing one.

Hardly fits the 'nuisance animal' description.1

The fatal attack of Cathy Wheatcraft marks the third pit bull fatality in this region since early July. On Saturday, in upstate South Carolina, 25-year old Nicole Cartee was killed by her family pit bull named "Spike" in Spartanburg. The dog had been with her family for over a decade. On July 7, Joshua Strother, 6-years old, was killed by his neighbor's pit bull in Hendersonville, North Carolina. The pit bull that killed Joshua was rehomed by the Asheville Humane Society 3-weeks earlier.

The Onslaught Continues

Today, over in Greenville County, South Carolina -- also in this same region -- a female deputy shot and killed a pit bull that was attacking two women. The pit bull had nearly severed one of the woman's arms before the deputy arrived. After shooting the dog, she applied a tourniquet to the woman’s upper arm and her leg. Master Deputy Jonathan Smith said, "She saved the lives of two people because the injuries were so severe." The dog had been residing with one of the victims.

08/24/15: Pit Bull Kills Woman
Cooleemee, NC - Another person has been killed by a pit bull in North Carolina. On July 7, Joshua Strother, 6-years old of Henderson County, was killed by a pit bull that was adopted out by the Asheville Humane Society 3-weeks earlier. The most recent fatal pit bull attack occurred in Davie County. Sheriff A.C. Stokes said the attack occurred at about 7:00 pm at 235 Clark Road near Cooleemee. The woman, in her 40s, was checking her mailbox when the pit bull attacked her.

Sheriff Stokes said the dog was killed by a Cooleemee police officer, who was the first officer to respond to the scene. - MyFox8.com, August 24, 2015

A neighbor who heard the woman screaming ran to help and discovered her in the yard -- the person then called emergency responders. Another neighbor also came to help and was attacked by the dog. She was transported to Wake Forest Baptist Medical Center. Her medical condition is unknown. Sheriff Stokes said it was the neighbor's pit bull that killed the woman. The news report video on WXII states that they spoke to the dog's owner who said her "pit bull killed a woman."

View the DogsBite.org Google Map: North Carolina Fatal Pit Bull Maulings.

1But a shocker it was given any designation at all!

Posted on August 25, 2015 by Colleen Lynn

2015 Dog Bite Fatality: Pet Pit Bull Kills 25-Year Old in Spartanburg County, South Carolina

Nicole Cartee with her pit bull named "Spike" (Uploaded to Facebook 2/12/2012)

No Criminal Charges
UPDATE 08/25/15: Lab results for the pit bull that violently attacked its owners, killing one, came back negative for rabies. The male unaltered pit bull named "Spike" had been with the family for over a decade when it "snapped" Saturday killing Nicole Cartee, 25-years old, and seriously injuring her mother. Jamie Nelson, the director of Spartanburg County Environmental Enforcement told WLOS that the vicious attack was "horrific" and "there was a large amount of blood."

Nelson said that Nicole's mother actually owned the dog and that her most recent injuries from Spike did require surgery. Nelson said that no criminal citations would be issued to the mother. The family pit bull had previously attacked the mother requiring hospitalization, but the incident was not reported to authorities, according to Patrick Powell, who had been Nicole's boyfriend for many years. Patrick said the two had recently separated, but were planning on reuniting.

Patrick said that Spike's aggression had been an issue for a long time. He had urged the family to do something about the dog "before it kills somebody." Patrick disagreed with Nicole and her family about the dog. "Nicole loved that dog. Nicole treated that dog as if it was her baby," Patrick said. "Me and Nicole bumped heads with that dog. Me and her family bumped heads with that dog. I said for years that dog is aggressive. That dog has got to be done with," Patrick said.

Despite what Nelson told WLOS about Nicole's mother -- "This is a tragedy, where the mother has lost a daughter and the mother herself has gone through a horrific experience" -- every ounce of this fatal dog attack was preventable. A young woman lost her life to a known aggressive pit bull that had previously attacked her mother and whose boyfriend, and his mother Beverly Powell, had warned her family about for some time. There is no bringing Nicole Cartee back. Death is final.

Evening Update - Previous Attack

Lastly, a new Spartanburg Herald Journal article clarifies the previous attack on Nicole's mother. After checking records, authorities found no evidence of prior attacks by the family pit bull at the victim's home or her prior residences. Patrick, however, said that Spike attacked Nicole's mother a few months ago. Her injuries required stitches, but she never reported to anyone that the injuries came from her own dog. Instead, she told hospital staff it was from an "unknown stray dog."

08/25/15: History of Aggression
New information has been released about a 25-year old woman who was viciously attacked and killed by her pit bull in Spartanburg. The male unaltered pit bull named "Spike" had been with the family for over a decade. The family had raised the dog since it was a puppy. On Saturday, the family pit bull "snapped" and began attacking Nicole's mother. When Nicole tried to rescue her mother, the dog turned on her, killing her. The pit bull tore into her head, neck and body.

"The biggest thing apart from it being a fatality is that it was three victims at one time, and it was a family pet." -Jamie Nelson, August 23, 2015

The pit bull violently attacked three family members, fatally injuring Nicole, seriously injuring her mother, requiring hospitalization and possible surgery, and also attacked Nicole's sister who was treated on scene. Nicole's boyfriend of 10-years, Patrick Powell, said the two had recently separated, but were planning to reunite. The same family pit bull had previously attacked Nicole's mother leaving her hospitalized, but this was never reported to authorities, Patrick said.1

Beverly Powell, Patrick's mother, told the Spartanburg Herald Journal that she warned the family to get rid of the pit bull after it attacked Nicole's mother the first time. This issue is very important to Beverly, as she was once attacked by a different pit bull in her own yard. Beverly managed to escape that pit bull without permanent injuries. "The sadness is that I told Nicole's mother, 'What is it going to take for you to get rid of this dog?' And now it's killed her daughter," Beverly said.

08/22/15: Pit Bull Kills Woman
Spartanburg County, SC - The Spartanburg County Coroner's Office was called to the scene of a dog attack Saturday evening. The animal attacked three people, according to Jamie Nelson, the director of Spartanburg County Environmental Enforcement. Porsche Nicole Cartee, 25-years old, was pronounced dead at the scene by Spartanburg County Coroner Rusty Clevenger. A physical examination will need to be conducted to determine the cause of death, Clevenger said.

Clevenger identified the attacking dog as a pit bull and said the other two people injured in the attack were family members. The fatal dog attack took place at a home on Beverly Hills Drive, a block descriptor was not provided. Nelson told Fox Carolina that the pit bull has already been euthanized and is scheduled for rabies testing Monday. The last South Carolina fatal dog attack occurred in June 2013, the pit bull mauling death of Arianna Merrbach, 5, in Florence County.

Death Statistics - August Update

Porsche Nicole Cartee is the 467th person killed by a pit bull, according to Fatal Pit Bull Attacks - The Archival Record. DogsBite.org launched that website in 2011. Through a multitude of modern news reports, several medical studies and archive collections, including the Library of Congress, we have discovered 467 individuals killed by these dogs since 1833. Cartee is the 275th fatal pit bull attack victim since the CDC stopped collecting a rich data set for these victims in 1998.

Since January 1, 2015, canines have attacked and killed 20 people in this country. Pit bulls contributed to 85% (17) of these deaths. Rottweilers, the second most lethal dog breed in the U.S., contributed to 10% (2). In the fatal dog mauling deaths of Neta Lee Adams, 81-years old (Washington, Georgia) and Gaege Ramirez, 7-years old (Canyon Lake, Texas) no dog breeds were ever identified by authorities, but certainly pit bulls were rumored to be involved in both.

View the DogsBite.org Google Map: South Carolina Fatal Pit Bull Maulings.

Some of the victim's Facebook Likes below, including Pit Bulls and Parolees (Tia Torres) and Pinups for Pit Bulls. The latter group recently spoke at a June 19 forum -- Asheville Humane Society's "Project Pit Bull" campaign -- and tried to sell to local homeowners, landlords, neighbors and "even the pit bull wary" that BSL does not keep people safe and that pit bulls are wonderful pets. Less than 3-weeks later, a little boy is killed by a pit bull rehomed by Asheville Humane.

1Pit bull owners will indeed lie to authorities after being attacked by their own dog. Usually, they make up a story about being attacked by a "stray" or a dog that ran away. Even after a first violent attack by their pit bull, they remain in denial that this "can happen to me" (again) or "can happen to another family member." Tia Torres should devote a whole season to this dangerous, pathological denial. The series should be titled, "Yes, this can happen to me."

Posted on July 25, 2015 by Colleen Lynn

2015 Dog Bite Fatality: Pack of Dogs Kill Woman in Wagoner County, Oklahoma

Dogs Kill Woman archived
Redbird, OK - An 67-year old woman is dead after being brutally attacked by a pack of dogs Friday. Witnesses said the attack occurred on South Main Street. Wagoner County Sheriff Bob Colbert identified the victim as Carolyn Sue Lamp of Coweta. Sheriff Colbert said she was walking, collecting cans when she was attacked and killed by three dogs. One witness came to her aid and tried the pull the dogs off her, but by the time deputies arrived she was dead, lying in a ditch.

Sheriff Colbert does not believe anyone will claim ownership of the dogs. "But our investigation will continue, and we will present our findings to the district attorney and see if there will be any charges," Colbert said. KJRH.com identified the dog breeds as three pit bulls and a rottweiler. Residents told them the scene was gruesome and that Lamp was unrecognizable after the attack. Like in many fatal pit bull attacks and pack attacks, the dogs ripped off all of her clothes too.

Fox 23 news reporter Eddie Randle spoke to Sheriff Colbert and several deputies who said that all of the dogs were pit bulls. Colbert also said that last year, Lamb asked the nearby residents if she could feed these same dogs (apparently they were strays). "Its ironic," Colbert said, "this lady offered to help these same dogs that a year later took her life." No one who lived nearby claimed ownership, but told Randle that they do feed them. All of the dogs were seized and quarantined.

Long Time Stray Dog Problem

A variety of news sources and residents are commenting about the long time problem of stray dogs or owned dogs running loose in the area. Sheriff Colbert is aware of the problem, but said that the sheriff's office cannot help with animal control. Oklahoma state law only allows for cities with a population of 250,000 or more to be assigned an animal control officer. Small communities like Redbird (population 137) have no agency to call for help. Now an innocent woman is dead.

Tulsa 8 News interviewed two residents, one of whom tied to help Lamp, but she was already dead when he found her. "Oh yeah, she was dead, she wasn't breathing. You could look at her and tell that she wasn't breathing," he said, who asked to remain anonymous. Annette Panter, who lives just down the street, said as recently as this morning she shot at about 4 or 5 dogs. Panter said she always carries a gun because of the frequency of encountering aggressive stray dogs.

View the DogsBite.org Google Map: Oklahoma Fatal Pit Bull Maulings.

DogsBite blog ::

Who Can Identify a Pit Bull? A Dog Owner of 'Ordinary Intelligence' Say the High Courts

Pit Bulls Are Identifiable Meme Campaign

Pit Bull Identification Meme Campaign

2015 Dog Bite Fatality: Pit Bull Kills Woman, Injures Another in Davie County, North Carolina

2015 Dog Bite Fatality: Pet Pit Bull Kills 25-Year Old in Spartanburg County, South Carolina

2015 Dog Bite Fatality: Pack of Dogs Kill Woman in Wagoner County, Oklahoma