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Any dog, treated harshly or trained to attack, may bite a person. Any dog can be turned into a dangerous dog. The owner or handler most often is responsible for making a dog into something dangerous. An irresponsible owner or dog handler might create a situation that places another person in danger by a dog, without the dog itself being dangerous, as in the case of the Pomeranian that killed the infant Any individual dog may be a good, loving pet, even though its breed is considered to be potentially dangerous. A responsible owner can win the love and respect of a dog, no matter its breed. One cannot look at an individual dog, recognize its breed, and then state whether or not it is going to attack. The disagreement among experts, and the dearth of recent statistics, were two of the reasons why an appellate court for the State of Ohio ruled in 2006 that a pair of breed-based dangerous dog laws were unconstitutional. City of Toledo v. Tellings, 5th Dist. No. L-04-1224, 2006-Ohio-975 (Ohio App. 2006). The supreme court of the state accepted this case for review in August 2006 (110 Ohio St.3d 1435). The court of appeals began its analysis by noting: Breed-specific laws were enacted because, in the past, courts and legislatures considered it to be a "well-known fact" that pit bulls are "unpredictable," "vicious" creatures owned only by "drug dealers, dog fighters, gang members," or other undesirable members of society. [Citing State v. Anderson (1991), 57 Ohio St.3d 168.] ... As scientific information advances and becomes available, courts have a duty to reconsider issues and make decisions which are supported by the actual evidence presented, instead of relying on "common knowledge" and opinion generated by newspaper sensationalism and hearsay, rather than accurate, scientific evidence. [Par.] As the evidence presented in this case demonstrates, previous cases involving "vicious dog" laws, especially from the late 1980's and early 1990's, relied on what is now outdated information which perpetuated a stereotypical image of pit bulls. ... The trial court noted that all the animal behaviorists from both parties testified that a pit bull, trained and properly socialized like other dogs, would not exhibit any more dangerous characteristics than any other breed of dog. After considering all the evidence before it, the trial court agreed, finding that pit bulls, as a breed, are not more dangerous than other breeds." The court then stated that, Our review of the record reveals no current statistics since 1996 were presented to support the notion that pit bulls have continued to be involved in a "disproportionate number" of attacks or fatalities. In our view, despite its own factual finding to the contrary, the trial court improperly relied on an outdated, irrelevant, and inadmissible source of factual information to revive the "vicious" pit bull sentiment and justify the finding that the statutes and ordinance are constitutional.
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