Dog Blogging

I forgot to mention earlier today that I was most fortunate last week and was able to spend a lot of time with one of my favorite people ... I mean, favorite dog. Sophie and I had a fine time, thank you. She is this blog's official dog, you know.

Sen. Kilby Reconsiders Dog Laws

I received an email from 12th District Senator Tommy Kilby yesterday in response to my complaints over a bill he introduced to make it a crime to own a certain type of dog in Tennessee. The online and offline furor that bill prompted was mentioned previously and in this post too.

He wrote about withdrawing his original bill, and filing a new one, though there are still some issues to resolve:

"Here is an update on my proposed legislation. I withdrew the original proposed legislation, Senate Bill 2738 and filed a caption bill, Senate Bill 3827. Unfortunately, due to the bill filing deadline, the second bill's wording mirrors the first, which has caused some confusion. Take heart though, the caption bill will be amended so as not to be breed specific."

Here's to hoping any new laws are based in more realistic concepts.

First and foremost for me is specific and significant legal avenues to place accountability on those people who fail to contain any animal they own and allow an attack on a human. It would make no sense to arrest and destroy a gun used in a killing - punishing the owner/user is the typical approach. Likewise, one could do a survey and find a particular model of a car as the most commonly involved in a fatal crash, but arresting the car and banning ownership of that model isn't the right concept either.

FROM DOGS TO DUCKS UPDATE: Worth noting that Kilby is not seeking re-election, so this is really a lame duck term for him. A prime contender for his replacement is Becky Ruppe, Morgan County's first female elected County Executive, and as R. Neal notes, she has launched her election campaign website.

Dog Laws Hound Legislature

It took about one day for Senator Tommy Kilby to back off and offer some new spin for a bill he proposed to make it illegal to own any bull terrier type dog. Still, Sen. Kilby and others are spending time working on legislation to deal not only with violent dog attacks but cruelty to animals.


"One legislator, who initially started out wanting an outright ban on pit bulls in Tennessee, said he'd settle for strengthening penalties against owners of vicious dogs that harm others.

Another lawmaker wants victims to be able to sue in court, even if the dog attack occurs on the dog owner's property. "That's where most bites occur," said Sen. Doug Jackson, a Dickson Democrat.

Lawmakers also will consider whether to create an online registry for animal abusers, much like the sex offender registry maintained by the Tennessee Bureau of Investigation, and whether the state should be able to confiscate property where animal fights are held."

-----

"So last year, lawmakers finally toughened Tennessee's weak animal control law, which before then was essentially nothing more than a $50 fine on owners who allowed their dogs to run at large.

The new law, named the Dianna Acklen Act of 2007, abolished Tennessee's long-observed "first bite" rule, which allowed owners to escape civil liability if that was the first time their dog harmed someone.

Now, victims no longer have to prove that they weren't the first person bitten by a dog before they can sue an owner in civil court.

"It was a good first step," said Acklen's daughter, Darbie Sizemore.

"I'm encouraged they put more responsibility on the dog owner.

"My right to walk down a county road should not be infringed upon by your ability to own a dog."

She added, "Owning a dog is not a right; it is a responsibility.

"You have a responsibility to keep your dog contained on your property."

But that's where things get thorny.

The new law applies only if the dog is not on its own property.

Jackson said he's already filed a bill to correct what he says is a "crazy" loophole."

(via the Tennessean, which also has links to all the legislation currently filed and how to contact the sponsors of the bills.)

Meanwhile, The Editor has copious information on the upcoming consideration by the Knox County Commission on a 'dangerous dog' ordinance, which they will review on Jan. 28. She also has lots and lots more information about incidents involving dog attacks here.

Some critical changes certainly need to be considered to make sure the existing laws demand accountability for people who abuse animals and allow them to roam unchecked. Stronger laws and penalties, yes -- banning ownership of one breed or another based on anecdotes and personal bias, no.

Why Make It Illegal to Own A Dog??

Whatever made Tennessee Senator Tommy Kilby (D) think that a state law banning ownership of one particular breed of dog, a pit bull, a good idea, I do not know.
[CORRECTION: The legislation would make ownership of a host of breed types illegal, saying:
(2) "Pit bull dog" means any pit bull terrier; and
(3) "Pit bull terrier" means any American pit bull terrier, Staffordshire bull
terrier, American bulldog or American Staffordshire terrier breed of dog or any
mixed breed of dog which contains as fifty percent (50%) of its breeding the
breed of American pit bull terrier, Staffordshire bull terrier, American bulldog or
American Staffordshire terrier, so as to be identifiable as partially of the breed
American pit bull terrier, Staffordshire bull terrier, American bulldog or American
Staffordshire terrier.]

What I do know is this - it's a lousy idea. Such ideas are often called BSLs, or Breed Specific Legislation. I say it is just BS Legislation, which does come from an animal, yes, but why would anyone want BS in their laws??

SB 2738 says even if the dog is only partially a pit bull, it would be illegal to own.

I'm happy to see several folks who blog already calling the bill out as a bad idea and a waste of time - Say Uncle, Aunt B., Michael Silence, and Newscoma just for starters (Add this list of folks opposing the bill from ACK at Volunteer Voters). It shouldn't be a crime to own any kind of dog. (Are you catching on yet, Sen. Kilby?)

What is a crime? Dogfighting - which is sadly too evident in Tennessee. As the National Sheriff's Association reported when urging Congress to toughen dogfighting laws:

"There are an estimated 40,000 professional dogfighters who sell their fighting dogs nationwide and cockfighting is multi-million dollar business. The massive, criminal network of animal fighters impacts not only the thousands of animals who are subjected to the cruelties of animal fighting, but communities nationwide and law enforcement which must address, at great cost, the crimes associated with it including illegal gambling, drug dealing and even murder.

On average, there has been a murder related to animal fighting every month this year."

A dog does not volunteer to help humans gamble on their lives. Humans force dogs into those hellish competitions.

There are a whole list of reasonable and effective ways to address a reduction in dog bites/attacks right here which I am emailing Sen. Kilby.

Here's the contact info for Senator Kilby:

District Address
118 Henry Heidel Lane
Wartburg, TN 37887

Nashville Address
10A Legislative Plaza
Nashville, TN 37243-0212
Phone (615) 741-1449
Fax (615) 253-0237
Staff Contact: Nadine Korby, Jeremy Davis, Research Analyst

Email: sen.tommy.kilby@legislature.state.tn.us