Editor’s note: So really, Denver is going to defy the Americans with Disabilities Act to supposedly uphold their unconstitutional “pit bull” ban? (Please see article excerpted below.)Â I say unconstitutional, because if you look up the 2004 case of Margolius v. The City of Denver you will see that Mr. Margolius proved that Denver’s own Animal Control officers could not discern what was and was not a so-called “pit bull” as defined by their own ordinance.Â As such, Mr. Margolius’ 14th amendment due process rights were determined to have been violated.Â But as you see from the article below, Denver is now attempting to deny the disabled their service dogs if they happen to be called “pit bulls,” whatever that is, and I doubt even Denver would know!
Denver keeps repeating the same miserable lie over and over that this “breed” is dangerous.Â Well, “pit bull” is not a breed but a conglomeration of breeds, and so what Denver has really done is embarked on a crusade against dogs, not a specific breed, since so many medium- or large-breed dogs and their mixes can be called “pit bull.”Â (And as this article shows, even Chihuahuas have been mistaken for “pit bulls”!)Â And Denver can keep trying to hide behind their supposed home rule authority, but they have yet to scientifically prove that what they call “pit bulls” are an inherent threat such that their supposed home rule exemption is legitimate.
This latest display of defiance makes Denver look like their council is populated with a bunch of sadists, so by all means Denver, keep it up.Â It’s good for the world to finally see how petty and even unsympathetic Denver’s breed ban is, I mean, if the world hadn’t already seen it in all the innocent dogs that Denver has destroyed via their “pit bull” witch hunt.
From NBC channel 9 in Colorado:
The federal authorities were clear when they told Denver it cannot deny residents from owning pit bulls as service dogs. Denver’s defiant response is drawing a legal challenge.
Denver city leaders decided to uphold their pit bull ban on Monday night, despite the Department of Justice’s request.Â
The Department of Justice says the ban clearly defies the American Disability Act.
The City of Aurora has a similar ban in effect. It will decide whether it wants to tweak its law in January.
The Animal Law Center based out of Wheat Ridge is now filing a class-action lawsuit against the City and County of Denver and the City of Aurora in direct regards to the violation of the ADA.
“I have clients who are disabled and who have had a dog chosen for them that is a pit bull and that pit bull is the best choice for them. That’s the root of it. It’s their choice,” said Attorney Jennifer Reba Edwards with the Animal Law Center.
The center is representing three disabled people who own pit bulls. One lives in Aurora, another one lives in Denver and the third person lives in Washington State.
“I think it’s wrong because they’re taking away from the handicapped and elderly,” said Allen Grider, one of the center’s clients.
Grider is a disabled Vietnam veteran. His dog “Precious” is part pit bull. She is considered illegal in Aurora.
…Aurora’s and Denver’s city councilors voted to ban the dogs because they believe the breed is dangerous.
Some Denver city councilors say they’re ready to fight the Federal Government in court.
“We’re going to stand up for our home rule authority. That’s a very sacred belief that we have in our laws in Colorado that our local government can control our animal control ordinances,” Denver District 6 Councilman Charlie Brown said.
Brown says he’s not sure if the city will win the debate, but he says it’s an issue worth fighting for.
Grider is hoping Aurora won’t make the same decision Denver did.
“It’s just not fair,” he said.
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