Friday, December 5, 2008

"City" of Greensboro, Alabama protects itself against vicious dog harborer

This kind lady, who retired from working for the State, recently got into a pickle because she had the audacity to take care of a couple of stray dogs that wandered unto her property. Apparently, her wanton act of kindness (sic!) flaunts a local ordinance that prohibits ownership of a Pit Bull, because, you see, Pit Bulls are vicious. This is happening in Greensboro, Alabama. Alabama, not North Carolina, and not the home of the University of North Carolina at Greensboro and a metropolitan area with a population of 1.2 million. You see, Greensboro, Alabama is speck of dust in the middle of nowhere (OK, so it’s not nowhere, it’s in Hale County – but Hale County IS nowhere), has a population of fewer than 3,000 people and it’s famous for… NOTHING. That’s not entirely fair, since Eugene Sawyer, ex-Mayor of Chicago (recently deceased) was born in Greensboro. But I digress…

She tells us that “Two runaway dogs came to my place several weeks ago. One was a pitbull ( I guess - I identified him from pictures on the web) and the other was a little Jack Russell mix (?) the two had an interesting relationship. The little guy would bite at the pit's heels and play fight. He also served as groomer to the pit. He would pry open the pits lips and one by one clean the pit's teeth. Hardly a dog-dog aggressive relationship. The pit was being treated like royalty and that's the way he acted.”

So, she gets this Christmas gift from the “City” of Greensboro:

"VIOLATION OF THE VICIOUS DOGS AND THEIR CONTROL OF ATTACKS ON HUMAN BEING ORDINANCE # 152 SECTIONS 1&2..

This is to notify you that you are in violation of the City of Greensboro Vicious Dogs and their control of attacks n Human Being and you have 10 days to come in compliance. Being said that on your property or controlled by you, the following violations are occurring:

Section 1. Vicious Dogs (2) A vicious dog is "unconfined" as the term is used in this section if such dog is not securely confined .. . . Section 2. Violations and Penalties. Whoever violates tat provisions of Subsection A or B of section 1 shall be fined not more than five hundred dollars $500) or imprisoned not more than sixty (60) days, or both. In addition, any vicious dog which attacks a human being or another domestic animal may be ordered destroyed when in the Court's judgment, such vicious dog represents a continuing threat of serious harm to human being or domestic animals.

Mrs. X, further tells us: “When I told the city clerk that the dog on my property was not a vicious dog, she said the dog reported is a pitbull and a pitbull is a vicious dog."

She said that, "since the dog was on my property I had to confine the dog. I explained that the dog was a runaway and I did not have the means to confine the dog. And in any case I could not do it within 10 days because the dog resisted being restrained with a leash, or tie-out.

In fact trying those methods was a very dramatic show. Since this time I have learned that this is pitbull for "I want my way - and I’ll hold my breath and sling myself around until I get it."

Anyhow I believed that the dog was beyond my control, and there was no way that I could conform to the conditions imposed by the Notice with which I was served.

Let’s analyze the events and see what’s wrong with the “City” of Greensboro, that is, exclusively from the way it treated a Good Samaritan. For all we know, Greensboro could be the loveliest town in the United States… although, I somehow doubt it.

Greensboro has an ordinance that flies dead in the face of the fact that BSL is against the law, as found by US Courts:

  • The United States Supreme Court - Nicchia v. People of the State of New York 254 U.S. 228 (1920) : gave police the power to regulate and control dangerous dogs with drastic measures, as long as it does not infringe on the dog owner’s right to liberty with due process.
  • The Alabama Supreme Court - WAF/Sheila Tack v. Huntsville Alabama (2002): upheld a decision that pit bulls were no more inherently dangerous than any other breed. This case was very costly to the city of Huntsville.
  • The Toledo Municipal Court - Tellings v. City of Toledo CRB-02-15267 (ACF 2005): ruled American Pit Bull Terriers are not dangerous and granted dog owner’s due process rights.
  • The Ohio Supreme Court - State v. Cowan (103 Ohio St. 3d 144, 2004-Ohio-4777)(2004) struck down ORC955:11 which declared the "Pit Bull" vicious, because it violates our rights to be heard (due process).
  • Westbury, NY (Spring 2003) court ruled that the city’s BSL was unconstitutional and repealed the law.
Did you get the part about THE ALABAMA SUPREME COURT?

OK, so what they are doing to this lady is AGAINST THE LAW of the State of Alabama.

Secondly, there is no such a thing as a pitbull. Whatever the hell the Ordinance means to say, it only shows the writers’ and legal counsel’s ignorance. The term “Pit Bull” is typically associated with these three breeds: American Staffordshire Terrier; American Pit Bull Terrier; and Staffordshire Bull Terrier. I repeat, there is no such a thing as a pitbull.

The only way to identify a dog’s breed is by its appearance. There is no genetic test to determine a specific dog breed. There are 25+ breeds of dogs that have similar appearances and are commonly mistaken for Pit Bulls. It is almost impossible for the average person (or the City of Greensboro) to accurately identify a Pit Bull.

But we already know that telling a, say, American Pit Bull Terrier from 24 other dogs is nearly impossible by anyone, other than an expert.

Anyone doesn’t believe me? Go ahead, try it:
http://www.understand-a-bull.com/Findthebull/findpitbull_v3.html

How many tries did it take you before you found the “Pit Bull?” Come on, don’t lie… 9…12? OK, here is another chance:
http://www.pitbullsontheweb.com/petbull/findpit.html

Thirdly, according to the American Temperament Test Society, the American Pit Bull Terrier is calmer, less likely to be aggressive, less likely to respond to provocation and friendlier than ANY of the following breeds of dogs:

AFGHAN HOUND .
AIREDALE TERRIER .
AKITA .
AMERICAN BULLDOG .
AMERICAN ESKIMO .
AMERICAN WATER SPANIEL .
ANATOLIAN SHEPHERD DOG .
AUSTRALIAN CATTLE DOG .
AUSTRALIAN KELPIE .
AUSTRALIAN SHEPHERD .
AUSTRALIAN TERRIER .
BASENJI .
BEAGLE .
BEARDED COLLIE .
BEAUCERON .
BELGIAN SHEEPDOG .
BELGIAN TERVUREN .
BICHON FRISE .
BORDER COLLIE .
BULLDOG .
BULLMASTIFF .
CAIRN TERRIER .
CANAAN DOG .
CANE CORSO .
CAO DE FILA DE SAO MIGUEL .
CARDIGAN WELSH CORGI .
CAVALIER KING CHARLES SPANIEL .
CHIHUAHUA .
CHINESE CRESTED DOG .
CHINESE SHAR-PEI .
CHINOOK .
CHOW CHOW .
CLUMBER SPANIEL .
COCKER SPANIEL .
COLLIE .
DACHSHUND (MINIATURE SMOOTH) .
DACHSHUND (MINIATURE WIREHAIRED) .
DACHSHUND (STANDARD LONGHAIRED) .
DACHSHUND (STANDARD SMOOTH) .
DACHSHUND (STANDARD WIREHAIRED) .
DALMATIAN .
DANDIE DINMONT TERRIER .
DOBERMAN PINSCHER , .
ENGLISH SETTER .
FIELD SPANIEL .
FILA BRASILEIRO .
FINNISH LAPPHUND .
FINNISH SPITZ .
GERMAN PINSCHER .
GERMAN SHEPHERD DOG , , .
GERMAN SHORTHAIRED POINTER .
GERMAN WIREHAIRED POINTER .
GIANT SCHNAUZER .
GOLDEN RETRIEVER .
GORDON SETTER .
GREAT DANE .
GREAT PYRENEES .
GREATER SWISS MOUNTAIN DOG .
GREYHOUND .
ITALIAN GREYHOUND .
JACK RUSSELL TERRIER .
KERRY BLUE TERRIER .
KUVASZ .
LHASA APSO .
MINIATURE PINSCHER .
MINIATURE POODLE .
MINIATURE SCHNAUZER .
NORWEGIAN ELKHOUND .
NORWICH TERRIER .
NOVA SCOTIA DUCK TOLLING RETRIEVER .
POLSKI OWCZAREK NIZINNY .
POMERANIAN .
PORTUGUESE WATER DOG .
RAT TERRIER .
SALUKI .
SAMOYED .
SCOTTISH TERRIER .
SHIBA INU .
SHIH TZU .
TOY FOX TERRIER .
WELSH TERRIER .
TREEING WALKER COONHOUND .
VIZSLA .
WEIMARANER .
WIRE FOX TERRIER .
YORKSHIRE TERRIER

http://www.atts.org/statistics.html

So, the City of Greensboro’s actions are: 1) against the law 2) ignorant; 3) ignorant; 4) unkind to a nice lady who is just taking care of some strays. Notice I used “ignorant” twice. It was on purpose.

I guess, Greensboro, Alabama would fine and/or put in prison:


- President Theodore Roosevelt
- Helen Keller
- Sir Walter Scott
- Thomas Edison
- General George Patton
- Jeannie (Barbara Eden)
- President Woodrow Wilson
- Michael J. Fox and
- Fred Astaire.


Helen Keller with her Pit Bull - Sir Thomas

Because, you see, they all own or owned American Pit Bull Terriers. Oh, yeah, while at it, they would also arrest and imprison the entire gang of “The Little Rascals,” because, after all, Petey was an American Pit Bull Terrier, too.


To be sure, ALL dogs should be controlled. Certainly, all Pit Bulls should be confined AND controlled. An unconfined bully is potentially trouble, especially if we don’t know anything about the history of the animal. But, even if we do know an animal’s history, the potential for mischief is always there. Notoriously, a Pit Bull cannot be trusted not to fight another dog. Most Pit Bulls, however, absolutely love people and have been bred not to be human-aggressive. What some morons do to them to make them vicious...well, that's another story. Maybe I will be there, when they let Vick out of prison. Anybody know where I can find some rotten eggs?

Instead of punishing gentle people like Mrs. X from Greensboro, Alabama, the authorities and the people of the town could have tried to help her.

Als die Nazis die Kommunisten holten,
habe ich geschwiegen;
ich war ja kein Kommunist.

Als sie die Sozialdemokraten einsperrten,
habe ich geschwiegen;
ich war ja kein Sozialdemokrat.

Als sie die Gewerkschafter holten,
habe ich nicht protestiert;
ich war ja kein Gewerkschafter.

Als sie die Juden holten,
habe ich geschwiegen;
ich war ja kein Jude.

Als sie mich holten,
gab es keinen mehr, der protestieren konnte.

Translation

When the Nazis came for the communists,
I remained silent;
I was not a communist.

When they locked up the social democrats,
I remained silent;
I was not a social democrat.

When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.

When they came for the Jews,
I remained silent;
I was not a Jew.

When they came for me,
there was no one left to speak out.

Pastor Martin Niemöller (1892–1984)