An Idaho man says the City of Payette’s pit bull ordinance violates his rights under federal disability law and the U.S. Constitution.
Plaintiff Gary Scott says a Payette city ordinance unlawfully discriminates against dog owners and handlers by placing onerous requirements on them, depending on the dog’s breed. He says the ordinance unfairly burdens dog owners in a way that is inconsistent with applicable law as well as current dog breeding knowledge.
Under the Payette pit bull ordinance, dogs of certain breeds – including “pit bull dogs” – are designated a public nuisance and may not be kept or harbored within the city.
The ordinance provides an exception for “prohibited breed service animals,” provided they get a special license and comply with a long list of involved and restrictive requirements.
Scott argues that the Payette pit bull ordinance is a ham-fisted attempt to curb dog aggression that does not mesh with the current state of dog breeding science or the standards of dog breeding organizations like the AKC or the UKC. He says the ordinance is unconstitutionally vague, overbroad and underbroad, and that it unlawfully deprives dog owners of their substantive due process rights.
Scott says his own dog Buddy is a service animal prescribed to mitigate both the physical effects of Scott’s orthopedic disabilities and the emotional effects of his depression and PTSD. While Scott doesn’t have any pedigree documentation of Buddy’s breed, he was told by the breeder that Buddy is a pit bull.
According to the Americans with Disabilities Act class action lawsuit, Buddy has been specially trained to help improve Scott’s mobility. He can walk with increased tension on his harness to quicken Scott’s pace, and Scott can adjust Buddy’s actions with verbal commands, he says.
Scott says he asked Payette City Attorney Bert Osborn what he would need to do to comply with the Payette pit bull ordinance. Osborn allegedly told Scott he would have to register Buddy as a “vicious dog service animal.”
Scott says he then registered Buddy under protest. However, he refused to comply with the subsequent requirements of the law. Scott says he would have had to provide proof of neuter and proof of liability insurance, and he would have to grant city inspectors access to his property.
He is proposing to represent a broad plaintiff Class of persons who have been affected by the Payette pit bull ordinance. Class Members would include those who own, possess or otherwise handle dogs that have been deemed a “prohibited breed” or “prohibited breed service animal” within the city and those who have been prosecuted under the Payette pit bull ordinance.
The Class would also represent persons who are interested in acquiring a prohibited breed within Payette and all who have removed their dogs from the city to avoid prosecution under the Payette pit bull ordinance.
Scott seeks injunctive relief that would strike unconstitutional parts of the Payette pit bull ordinance from the city’s municipal code and that would prevent the city from enforcing the breed-specific aspects of the ordinance. He is also asking the court to vacate previous determinations against dog owners under the ordinance.
The plaintiff is represented by attorney Adam P. Karp of Animal Law Offices.
The Pit Bull Service Animal ADA Class Action Lawsuit is Gary Scott v. City of Payette, Case No. 1:16-cv-00527, in the U.S. District Court for the District of Idaho.
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7 thoughts onIdaho Pit Bull Ordinance Violates Constitutional Rights, Class Action Says
Common sense will prevail, these WILD ANIMAL dogs all need to be put to death as a matter of public safety in ALL 50 STATES, let us be very honest , the only types of riff raff people who own pit bull WILD ANIMALS are wither drug dealers or drug addicts who keep them to terrorize law enforcement authorities, as in all 50 states you can kill a pit bull WILD ANIMAL in self defense even it threatens you in any way shape or form, I am VERY GRATEFUL my home town in Ohio has a TOTAL BAN on those godforsaken dogs, they are EVIL TO THE BONE, YOU CANNOT CHANGE THE KILL MENTALITY OF A PIT BULL WILD ANIMAL, THEY ARE HARD WIRED IN THEIR DNA TO KILL KILL KILL HUMANS, whether it be an adult or how they all maul little kids to death as we see on TV every night, any parent who buys one for their kids is a FOOL and do u know why they all get turned in to the shelters ? It’s because NOBODY WANTS TO RISK THEIR LIFE BEING AROUND THEM !!!! they are WICKED EVIL DEMONIC WILD ANIMALS
Toddster you are a complete idiot. Had one for 18 years. playful and loving wouldn’t hurt anyone. And NO he never turned on me. They are very strong and are often are often taught to be vicious. They are not so by nature. The Michael Vicks of the world and people like you are helping to destroy a very caring and loving breed.
I think they should ban ignorant people such as yourself. It seems like common sense to me.
You are an idiot
you are an idiot.
THIS NEEDS T O BE DONE IN ORDER TO PRESERVE THE PIT BULLS. I HAVE A 4 YEAR OLD PIT BULL. HE IS MY 17 MONTH OLD GRANDSON’S PROTECTOR AND BEST FRIEND. IT IS AWESOME THE BOND THEY HAVE CREATED WITH EACH OTHER. SINCE MY DAUGHTER BROUGHT MY GRANDSON HOME FROM DAY 1. AT FIRST OUR DOG DIDNT KNOW WHAT WAS CAUSING ALL THE CRYING AND WAS A LITTLE CONFUSED. LOL BUT ONCE HE FIGURED IT OUT, HE HAS STAYED BY MY GRANDSON’S SIDE EVER SINCE. HE LETS MY GRANDSON RIDE HIM LIKE A HORSE LOL, GIVES HIM HIS PAW (WELL WE CALL IT GIVING HIM 5), SHAKES HIS HAND, PLAYS FETCH BALL, AND WHEN HE HEARS SOMEONE OUTSIDE BEST BELIEVE THEY AINT GETTING INSIDE UNTIL THEY PASS SECURITY CLEARANCE WITH THE DOG LOL… YESTERDAY, MY GRANDSON DRESSED HIM UP IN SOME OF MY CLOTHES WITH MY HELP F COURSE AND HIS HAT, WANTING HIS MOM TO TAKE HIM HOME WITH THEM LOL. MAN WAS SHE SURPRISED WHEN SHE PICKED HIM UP AFTER WORK. PITBULLS ARE LIKE ALL OTHER DOGS IN A MAJOR WAY, THEY BECOME WHO EVER AND WHAT EVER THEIR OWNER MAKES THEM. THEY ARE VERY PROTECTIVE, PLAYFUL, SMART, AND DEDICATED. THE LOVE MINE EXPRESSES, IS BEYOND BELIEF. GIVEN THE RIGHT TRAINING THEY WOULD SURPASS GERMAN SHEPHERDS AS SERVICE ANIMALS. OURS IS SO SPOILED, HE HAS TO LAY IN FRONT OF A HEATER IN THE WINTER AND A FAN IN THE SUMMER WHILE HE SLEEPS, ALMOST LIKE A HUMAN.
I agree with you guys, I had a brindle-female pitbull. I had her for 11 1/2 years and she was my bestfriend who never argued with me and did exactly what I told her to do, when I told her to do it. She was very protective of my adultkids and my grandkids and me of course. She never ever bit anyone, she was very well trained mostly hand commands was all I had to do. So like they said your an idiot and have no idea what pitbulls are all about. By the way she died of cancer at 11-1/2 years old. I miss her very much.