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| 11/11/2005 12:41:00 AM | Email this article • Print this article | Lawsuit asks court to toss city pit bull ban
by J.C. O’Connell
the Aurora Daily Sun & Sentinel
Aurora | The city’s controversial ban on pit bulls has been debated at countless meetings and on the steps of city hall, but the argument is about to move into the courts.
A lawsuit filed Nov. 3 in the 18th Judicial District Court asks the court to overturn the ban and compensate pit bull owners who have paid the annual $200 licensing fee to grandfather-in their dogs or had their dogs confiscated. City council banned new pit bulls last month.
The ban goes into affect later this year.
“It’s unconstitutional and it’s wrong. It does nothing to make Aurora safer,” said Tina Villani, who filed the lawsuit on her own behalf.
The lawsuit claims the ban contains an “unconstitutionally vague” definition of pit bulls and violates a right to due process because it allows Aurora Animal Care to determine whether dogs are pit bulls and then seize them.
The ban also discriminates against pit bull owners and unconstitutionally restricts owners from selling their dogs, according to the lawsuit.
Villani owns three pit bulls and a rental property in Aurora but lives in Brighton.
“It raises a very good issue as to whether she does indeed have standing (to file a lawsuit),” said City Attorney Charlie Richardson. “We’re going to be looking at that,”
Villani claims in her lawsuit that the ban prohibits her from being able to move into her rental house.
“I’m not surprised,” said state Rep. Debbie Stafford, R-Aurora. “I feel like this issue has not been resolved in the Colorado courts, and for Aurora to prematurely implement a ban before it was resolved, it was probably a given that they would end up being sued.”
Stafford, an outspoken critic of the ban, said she’d rather see taxpayer dollars be spent on city services than on litigation.
“They’re going to end up spending at least a quarter-million dollars, if not more,” said Glen Bui, a member of the American Canine Foundation.
Bui said ACF is helping fund Villani’s lawsuit and has successfully opposed breed bans around the country.
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Reader Comments
Posted: Friday, January 06, 2006
Article comment entry by:
Jonathan Fonseca
I fully agree. I don't think it is fair to outlaw a dog.I have a 3 year old red nose pit bull and it has been the most obedient and nicest dog I have ever had.My mom has a cocker spaniel and he shows more agression than my pit bull. Owners of pit bulls or other types of dogs also have to understand that dogs will be dogs so you have to understand that they need to have extra responsibilty on how they raise these dogs. The new ban is ridiculous. The part of the ban were you have to have your dog in a cage is the stupidest thing I have heard. Because by encaging these dogs you are provoking them to be more agressive because they want their freedom. If you are going to ban a agressive breed you should ban all dog because they could all be made really mean if you raise them to be that way.I have had my pit bull since it was 2 months old having it taken away from me is like taking someone from my family away, because she is considered part of our family. I dont think it is fair to kill a perfectly nice and loving dog just because people want that breed out.
Posted: Saturday, November 19, 2005
Article comment entry by:
Brandy Burdick
I fully agree with Tina Villani and others protesting this new law. I find it prejudice towards animals, and unjust to innocent pit bulls that have done nothing wrong, that act no different than any other dog. I find this law disgusting, the microchip especially. What benefit does that do? So that they know where they are at all times?? What is the point? And the requirement of them needing to be neutered and spayed, that is appalling as well, it's like they want to kill them off, as if they're attempting to make them become extinct. This is something I feel very strongly about, and I will do all that is in my power to do, to overturn this law. If you ask me, it's the people that raise these innocent dogs to be vicious that should be banned, not the breed itself, I think it is an issue of animal cruelty, not whether or not pit bulls should be banned. Yes, I realize that it is an awful thing for a child to be attacked by a dog, but this can occur with any dog, not just pit bulls and the other few breeds that were banned. I was bit by a dog once, it was NOT a pit bull, it was some little furry thing that everyone stereotypes to be the sweet, non-vicious type of dog. Every pit bull I have ever encountered was so sweet to me, kisses and laying their heads on my lap, just like any other dog, these dogs just want to live their lives and be loved. These animals do not deserve this, I find it cruel. I am severely sickened and enraged that this law has passed and I don't find it fair that the people of Aurora had no say in this whatsoever.
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