In a landmark 4-3 decision handed down on September 22nd, the Supreme Court of Ohio ruled that a statute penalizing owners of dangerous dogs who fail to buy liability insurance and properly confine their animals was unconstitutional. The Court held that the law (R.C. 955.22) violated a dog owner’s right to due process because it did not provide owners with an opportunity to appeal a dangerous dog determination at an administrative hearing. The ruling affirmed that since the statute imposed significant restrictions and expenses on a person’s property (in this case, their dogs), owners have a constitutional right to be heard and to defend their property.

This decision is likely to have a significant impact on all Ohio dog owners as city and state officials consider revisions to the state’s dangerous dog law in order to close this constitutional loophole. Ohio is currently the only state with a breed-specific dangerous dog statute, which automatically deems “pit bulls” vicious, and in rewriting the law, legislators could use this opportunity to target more breeds or impose additional restrictions on owners. On the positive side, the ruling opens a door for dog owners who have been attempting for many years to repeal Ohio’s breed-specific law and make other much-needed improvements to the law.

Ohio dog owners are strongly encouraged to contact their city, county, and state legislators and urge them to support a revised dangerous dog law that includes the points above. It is extremely important that officials hear from responsible dog owners on this issue. For information about local and state legislators in Ohio, visit http://ohio.gov/government.stm. For additional assistance, please contact the Canine Legislation department or Melanie Tierney, Canine Friends of Cleveland (aegis66@earthlink.net).

Interested dog owners may also wish to attend the National Animal Interest Alliance's upcoming conference on positive alternatives to breed-specific legislation. For details, click here.