The Maryland General Assembly failed to pass emergency legislation that would have overruled a widely criticized court decision that labeled pit bulls as “inherently dangerous.”
Both the House and Senate, in a special summer session, approved versions of a bill that would have ended singling out pit bulls, but the differences were too “stark” to be worked out before the session ended, the Baltimore Sun reported.
“It will be difficult to come up with a compromise on dogs,” Senate President Thomas V. Mike Miller said. Miller said the Senate would neither concur with the House changes nor go to a conference committee.
The attempt at new legislation came after the state’s highest court ruled that pit bulls are inherently dangerous, upholding a Maryland Court of Appeals ruling that imposed a higher liability standard on pit bulls than other dogs.
That stemmed from a 2007 dog bite case in which a 10-year-old boy’s family sued the dog owner’s landlord. The trial court judge threw out the lawsuit, ruling the landlord hadn’t been proven negligent. The Court of Appeals reviewed the case and decided no proof of negligence is necessary in the case of pit bulls.
Protests from pit bull lovers and animal welfare organizations led the General Assembly to take up the matter — along with gambling — in a special summer session.
Many say the court rulings have already led to landlords kicking out pit bull-owning tenants, or forcing them to surrender their dogs to animal shelters.
The Senate crafted legislation that required all dogs to be treated the same when it comes to determining liability in civil suits — but rather than mandating pit bulls be held to the same standard as other dogs, its proposal held all other dogs to the same standard as pit bulls. The Senate-passed law did away with the common law standard in Maryland that in effect allows a dog “one free bite.”
The House version maintained the “one free bite” rule, applying the stricter standard only in cases where dogs are running loose.
The Humane Society of the United States said it was disappointed the General Assembly failed to pass a bill before the special session adjourned.
“Due to their inaction, thousands of Maryland families may be forced to choose either their dogs or their homes in the next four months, until the General Assembly comes back in January,” said Tami Santelli, Maryland senior state director for The HSUS.
The HSUS said the court ruling has ”forced many Maryland residents to choose between their homes and their beloved pets, and has forced landlords and property managers to try to determine whether dogs are pit bulls or not. With the General Assembly’s inaction, these impacts are expected to multiply.”
Posted by jwoestendiek August 16th, 2012 under Muttsblog.
Tags: animals, bill, breed-specific, breeds, dangerous, dogs, emergency, failed, fails, general assembly, house, hsus, humane society of the united states, inherently dangerous, insurance, laws, legislation, liability, limbo, maryland, pets, pit bulls, pitbulls, renters, senate, session, shelters, solesky, special, standards, tami santelli, tenants, types, versions
When we hear about it, we like to pounce on big dog discrimination before it happens.
So let’s talk about Middletown, New York, where city officials think it would be a good idea to require all renters whose dogs tip the scales at more than 25 pounds to carry liability insurance.
This makes about as much sense as Wausau, Wisconsin’s two-dog limit, our topic Friday.
What fear-mongering, fact-ignoring, bandwagon-jumping city officials need to get through their heads, once and for all, is that it’s not the size of the dog, the breed of the dog, or even the number of dogs that cause dog problems — it’s the dog owner.
Be it “nuisance” or “danger” they are trying to protect us from, that’s who they need to be going after.
Not family’s like the Lecker’s in Wausau, who have four dogs, but bought a house not knowing the town limited households to two, and now face a choice between moving or ditching two dogs.
And not responsible dog-owning renters who, in the case of Middletown, might find themselves paying up to $300 a year to ensure any dog bigger than a breadbox.
Singling out breeds and setting arbitrary weight limits is doggie discrimination, pure and simple. (We’d argue the proposed Middletown law discriminates against renters as well.)
In Middletown, the Common Council is looking at a proposal that would require tenants to get at least $100,000 worth of liability insurance on dogs weighing over 25 pounds, according to the Times Herald-Record.
The proposed law is in response to a rising number of dog bites, city officials said. According to Mayor Joe DeStefano dog bites are covered under most homeowners’ policies, so the law would target only renters. The proposal doesn’t single out any breeds, but city officials have said they are concerned about the rising number of pit bulls in the city.
The city says there were 94 reported dog bites in Middletown over the past three years. Of them, 79 were from “large-breed” dogs, 37 of them from pit bulls or pit bull mixes. It also says two city employees have been attacked by pit bulls in recent months while on the job.
I wonder how many of those pit bulls were really pit bulls, as opposed to a convenient designation. I wonder, in the case of all those ”pit bull mixes,” why what else is in the mix isn’t mentioned. And I wonder, when it comes to those “large-breed” dogs doing the majority of the biting, if the city is referring to all dogs over 25 pounds.
But what I wonder most of all, since the requirement would do nothing to actually address the problem, is what purpose — beyond fattening up insurance companies — it would serve.
Posted by jwoestendiek March 19th, 2012 under Muttsblog.
Tags: animals, big dogs, big dow owners, city, dangerous, discrimination, dogs, insurance, landlords, laws, liability, mandatory, middletown, new york, nuisance, pets, renters, required, requirement, tenants, wausau, wisconsin
The ruling, issued by the Massachusetts Commission Against Discrimination, pertained to a mutt named Kayla, who — though not a service dog or a certified therapy dog — provided emotional support to her owner.
The complaint was brought against the owners of the Brighton Gardens building by Richard M. Blake, who was diagnosed with HIV infection more than two decades ago, according to the Boston Globe.
After his diagnosis, Blake isolated himself and rarely left the house.
“He was depressed, basically lounging around the apartment all day long, and his weight rose and blood pressure got out of control,’’ said Denise McWilliams, general counsel for the AIDS Action Committee of Massachusetts.
Blake’s doctor recommended a dog to help lift Blake’s mood and improve his mental and physical health.
“She’s just given me sort of a routine in my life,’’ Blake said of the boxer mix he got in 2008. “She’s given me a lot of joy. Animals just seem to make it hard for you to be in a bad mood … Ever since I have had her, the walks and the tons of exercise I do with her have helped.’’
Blake said his landlord gave him permission to get the dog, but two months later tenants were notified that a no-pet policy in their leases would be enforced.
After unsuccessful attempts to get the landlords to make an exception, Blake filed a complaint with the state commission in December, 2008.
In its ruling, the commission said that evidence “supports a finding that requiring Complainant to give up his dog would seriously jeopardize his emotional and physical well-being.’’
Posted by jwoestendiek April 6th, 2011 under Muttsblog.
Tags: aids, assistance, brighton gardens, commission, discrimination, dogs, emotional, health, hiv/aids, housing, kayla, landlords, massachusetts, richard blake, rules, service, support, tenants, therapy
Landlords would be prohibited from requiring tenants to declaw or devocalize their pets under a bill approved this week by California lawmakers.
The state Assembly passed the bill by a 44-10 vote, sending it to Gov. Arnold Schwarzenegger.
The bill’s author, Democratic Assemblyman Pedro Nava, says it is unconscionable for landlords to require pet owners to subject their animals to permanent surgeries as a condition of tenancy.
Under the new law, landlords would be fined $1,000 for demanding those procedures in a lease agreement, according to the Associated Press.
Eight local governments in California banned the practice of cat declawing, according to The Paw Project, which lobbied for the statewide legislation and is urging supporters to contact the governor’s office urging its approval.
Posted by jwoestendiek August 26th, 2010 under Muttsblog.
Tags: animal cruelty, animal welfare, animals, arnold, california, cats, cruelty to animals, declaw, declawing, devocalization, dogs, governor, landlords, legislation, legislature, paw project, pets, schwarzenegger, tenants, the paw project
A study by Apartments.com has found that 80 percent of renters say a pet-friendly policy plays a major role in where they choose to live, and nearly one of every three seek out a home that is convenient to ameneties like dog parks and walking trails.
A whopping 90 percent of those responding to the survey said they had a pet, and half of the other 10 percent said they plan to get one within the next year.
While the majority of respondents experienced difficulty finding an apartment that allowed pets, 89 percent said they were not put in a position where they had to choose between their animal and a place to live.
For survey respondents who said they were forced to give up a pet, the two main causes were identified as not being able to find an apartment with a pet-friendly policy (65%) or not being able to afford the pet deposit (27%).
Apartments.com says more properties are welcoming pets. More than 11 million searches were conducted on the website in 2008 by people seeking pet-friendly apartments.
For tips on renting with pets, Apartments.com offers a special section on its website.
Posted by jwoestendiek June 12th, 2009 under Muttsblog.
Tags: apartments, apartments.com, contest, landlords, pet deposit, pet friendly, pets, policy, properties, rental, renters, roommate of the year, survey, tenants, tips, video