K9 Advisors

Dog Fight - Pit bull ban, what pit bull ban?
By Tim Elfrink
Published on May 20, 2009 at 10:18am

We wish to thank Tim Elfrink for writing this article as well as New Times for publishing this article to bring this unfair ban to the spot light.

Back in February 1989, a 7-year-old girl named Melissa Moreira was walking home on SW 18th Terrace near FIU after a night of shopping with her family when a neighbor’s pit bull ran at her and leapt. The dog tore apart the girl’s face and arms as she screamed. It then savaged her mother and grandmother before a neighbor shot it four times in the head.  The animal left the girl in critical condition. She survived only after extensive reconstructive surgery to her face. 

Soon after that attack, Miami-Dade banned all pit bulls. It was probably the first such countywide measure in the nation. Since then, thousands of the breed have been killed in a drab building near the Palmetto Expressway. In 2008, the county confiscated 802 pit bulls and euthanized more than 650.

Neither Broward nor Palm Beach has such a ban — and dozens of dog owners have fled there with their dogs just to avoid the law. Though national animal groups from the Humane Society of the United States to the American Veterinary Medical Association oppose the ban, workers every month halt scores of animals’ hearts with an overdose of barbiturates and then cart them en masse out the back door.

But thanks to a minuscule 57-year-old woman with a short haircut and a paw print tattooed on her left wrist, that may soon change. Dahlia Canes led a group that won an unprecedented legal victory this past March. And now she has hired a lawyer and plans to mount a lawsuit that just might overturn the measure. “The ban doesn’t work,” she says. “It’s insane that we’re taking them away and killing them.”

The catchall term pit bull actually refers to at least three common breeds of dog — the American pit bull terrier, the American Staffordshire terrier, and the Staffordshire bull terrier. All three probably descended from bulldogs bred in England in the 1800s for “bull baiting” — brutal bull versus canine blood matches. When the sport was banned in the 1830s, the hardy animals were bred for dog fights instead.

Hundreds came to America with Irish and English immigrants later in the century. By the early 1900s, pit bulls were among the nation’s most popular breeds. The Little Rascals’ dog, Petey, was a pit bull. So was Sgt. Stubby, a beloved WWI mascot that earned dozens of medals in the European trenches with the 102nd Infantry.

Pit bulls didn’t become pariahs until the past two decades, when well-publicized, stomach-churning attacks such as the one on Melissa Moreira led to anti-pit bull laws. Miami’s ban was championed by then Metro-Dade Commissioner Joe Gersten — who famously later fled to Australia after he was caught frolicking with prostitutes in a crack house. It passed 6 to 0 on April 4, 1989, after Moreira’s mother tearfully asked commissioners: “Who in this room is going to bring my child back to the way she was?”

But it didn’t take long for the law’s problems to become obvious.

One owner chained 16 pit bulls to a tree in a Miramar field and left them to starve rather than face the $500 fine for each dog. A month after the ban was approved, the Miami Herald — which initially supported the law — wrote a scathing editorial demanding its repeal. The next year, Florida’s legislature passed a statewide prohibition against “breed-specific” dog laws. Miami-Dade’s rule, however, was grandfathered in.

The law has plenty of supporters, including PETA. In 2001, the Centers for Disease Control reported pit bulls had killed 66 people in the ’80s and ’90s, twice as many as any other kind of dog.

But that statistic is nonsense, says Adam Goldfarb, a Humane Society spokesman. No one has shown that breed-wide bans reduce pit bull assaults. He contends the laws are expensive and almost impossible to enforce. Thousands of pit bull owners flaunt the law every day just by walking their dogs in Miami-Dade. “We don’t believe any one breed of dog is inherently more dangerous than any other breed,” Goldfarb says.

Miami’s ban has met its most ardent — and dangerous — critic in Canes. She fled to Miami in 1959 with her family at age 6 when her father, a member of deposed dictator Fulgenicio Batista’s regime, was forced from Cuba. Her love for animals goes back to her homeland, where she once spent her $12 allowance on a mule.

In 2003, while driving on NW 32nd Avenue, the paralegal spotted a stray dog. When she opened the door, the chocolate-colored mutt leapt into the car and laid its head on Canes’s lap. Though a friend in the back seat shouted, “Watch out — it’s a pit bull!” Canes was in love.

But soon Animal Services discovered Chocolate, as she named the female hound. Canes sent the dog to live in Broward and began her quest to overturn the pit bull ban.

Since then, Canes has adopted dozens of pit bulls and found homes for them in Broward or other places where the canines are legal.

She has also met people like Pierre Bahri, who move north to save their pit bulls. Bahri, an art gallery worker, packed up in December after an Animal Control officer gave him 48 hours to remove two pit bulls from his Wynwood home. He broke his lease and moved to Hollywood. “I love my dogs like they’re my kids,” he says. Thousands of others simply flout the ban. Among them is “Jose,” a 25-year-old Mercedes-Benz employee in Kendall who asked for anonymity because he’s already been cited for his pit bull. Since then, he’s kept his dog in his dark bedroom every day while he works. “I have to hide him like he’s an abomination or something,” he says. “When I walk him, people put their cars in reverse and stare like I’m holding a fucking Bengal tiger.”  Canes hopes to change that. She lives in an antique-packed bungalow in Miami Lakes, drives a canary yellow 1980 Fiat convertible, and devotes every hour outside work to fighting the law. In October, she founded a group, called the Miami Coalition Against Breed Specific Legislation. She’s already recruited 80 members.

The new group notched an important win March 18. Canes and her friends took on the case of Leo Mahecha, a 27-year-old Kendall mechanic whose dog, Apollo, was seized by Animal Control.

In an administrative hearing at the South Dade Government Center, the group’s lawyer, Rima Bardawil, argued the county doesn’t have an accurate test for deciding whether dogs are pit bulls. Inspectors rely on a 12-point checklist, with questions such as “Eyes: set far apart?”

The hearing official agreed. Apollo was freed.

“To my knowledge, it’s the first time we’ve ever lost an appeal on a pit bull case like this,” says Dr. Sara Pizano, chief of Animal Services.

Canes was emboldened by the ruling. Bardawil is now compiling a group of people who have lost pit bulls to the county’s ban. They hope to sue the county this summer.

“We’ve gone the political route. We talked to every member on the commission, we went to hearings, and they all said it’s political suicide to overturn the ban,” Canes says. “So we’re suing.”

And they just might win. An Ohio appeals court struck down a Toledo law in 2007 — before the state’s supreme court reversed the verdict.

“It’s a smart approach,” says Humane Society spokesman Goldfarb.

Pizano, who’s charged with enforcing the ban, says it’s up to politicians to decide whether the law makes sense. But she allows that “it’s devastating for our staff to euthanize any animal.” Since Pizano took over three years ago, her staff has had to kill more than 1,800 pit bulls.

Additional facts about the pit bull case won in Miami on March 18th, 2009
 
Edel Miedes, an experienced dog trainer and behaviorist in South Florida, of www.K9ADVISORS.com testified in the case of Leo Mahecha and his dog Apollo as an expert witness under the Miami-Dade pitbull ban ordinance category of animal behaviorist.  Edel successfully testified against Miami-Dade Animal Services Animal Control Officer, Luis Salgado, whom wrongfully labeled Apollo as a pitbull.  Salgado was backed and guided by Miami-Dade assistant county attorney, Dennis Kerbel.  During the hearing on March 18th, Kerbel asked such ridiculous questions such as “were the dog’s eye round” and “were the mucles… muscular”.  Kerbel’s lame attempts at discrediting Edel’s breed knowledge were unsuccessful, thus the hearing officer sided with Edel’s testimony and ruled that based on all evidence provided, Apollo, a 90-lb Mastiff mix, is not a pitbull.
 
Shortly after, there was much celebration from all members of the Miami Coalition Against Breed Specific Legislation www.UnitedAgainstBSL.org and many Miami-Dade County residents alike.