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And this is their response...

Discussion in 'Laws & Legislation' started by SouthernDixie, Aug 15, 2005.

  1. SouthernDixie

    SouthernDixie CH Dog

    Even though I do not live in Denver, I wrote the city attorney with my thoughts on the subject. I did not gripe or send harsh words, I basically told him to do some research himself, as well as many other things. This is their response....

    On behalf of Mayor John Hickenlooper, I have been asked to respond to your recent letter concerning Denver’s pit bull ordinance. While a detailed explanation of the full history and judicial review of Denver’s pit bull ban ordinance is available online on the official website of the City & County of Denver at http://www.denvergov.org/City_Attorney/54517143template3jump.asp the following information may answer your questions:

    The history behind Denver’s pit bull ordinance goes back further than the mere date of its passage on July 31, 1989. Between 1984 and May of 1989, pit bulls attacked and seriously injured more than 20 people in Colorado, including three-year old Fernando Salazar, who was fatally mauled by a pit bull in southwest Denver in October of 1986. On May 8, 1989, 58 year-old Reverend Wilber Billingsley was attacked and bitten by a pit bull in the alley behind his home at 1075 Emerson Street, Denver. The pit bull’s attack was sustained over a long period of time, and a neighbor, Mr. Norman Cable, attempted to stop the attack by hitting the pit bull with a 2” x 4” piece of wood lumber, which had no effect. Mr. Cable eventually was able to stop the attack only by shooting the pit bull with a shotgun. The victim suffered serious injuries over 70 bites, with both of his legs being broken. As a result of these attacks, the opinion of the local community, as evidenced by editorials by the two leading newspapers, was in support of increased regulation over pit bulls, including a complete ban: Let’s outlaw killer dogs, editorial, Denver Post, June 12, 1998; and Tougher rules and stronger enforcement on pit bulls, editorial, Rocky Mountain News, May 12, 1989. In November of 2003 in Elbert County, Colorado, Jennifer Brooke was killed by three pit bulls which viciously mauled and dismembered her with such ghastly injuries that even grizzled veteran homicide investigators were shocked. The official crime scene photos are still under court orders against release to the public.

    The nation’s leading expert in the field of ethology (the study of animal behavior) and pit bulls, Dr. Peter Borchelt, Ph.D., a certified applied animal behaviorist, testified before the Denver District Court that this breed of dog was artificially selected by humans for breeding in order to enhance their behavioral traits most beneficial in fighting other animals, and resulted in a breed of dogs having an aggressive behavior frequency distribution pattern that is permanently shifted higher than other breeds of dogs. Such behavioral traits as higher levels of strength, tenacity, tolerance to pain, combined with their “bite and hold” attack behavior that results in the ripping and tearing of flesh and muscle, presents a logical explanation for this ban. While the individual tendencies of any individual pit bull may vary, as a clearly defined phenotype, the breed has been determined to have higher levels of such dangerous tendencies as a group, justifying this action.

    This ordinance has been heavily litigated, and has been upheld by the judiciary repeatedly, as the best available evidence indicates that there is a logical reason to differentiate the treatment of pit bulls from other dogs, not because they are more likely to attack humans or other domesticated pets, but should they attack, they are more likely to impose serious injuries upon their victims, and more likely to cause fatalities. This determination was upheld by the Colorado Supreme Court in 1991, in the matter of Colorado Dog Fanciers, Inc., v. Denver, 820 P.2d 644 and most recently by the Denver District Court on April 7, 2005.

    Upon Governor Owens signing HB04-1279 into law on April 21, 2004, Nancy Severson, the Manager of the Denver Department of Environmental Health, the administrative agency over the Division of Animal Control, announced the voluntary suspension of enforcement actions of the ordinance, but advised that the enforcement could resume upon the conclusion of any legal litigation. Subsequently, the Division of Animal Control consistently advised everyone that their possession of a pit bull in Denver would be done at their own peril, as enforcement of the ordinance could resume at any time. On April 8, 2005, Denver announced that due to the judicial ruling on April 7th, resumption of enforcement would occur on May 9th. Individual notice letters were mailed out to every address where there was any reason to believe a pit bull may be harbored. The extensive local media’s coverage of the pit bull litigation also provided notice, specifically after the City’s victory in December 2004 in its litigation with the State over the issue of constitutional home rule authority. Even after May 9th, the owners of an impounded pit bull who can provide sufficient proof of their capacity to permanently remove pit bulls from Denver are able to do so and avoid having them destroyed. Every destroyed pit bull has been abandoned or has been brought back into Denver for a 2nd time. These owners are to blame.

    KUSA Channel 9 News recently reported that a statistically reliable survey from Survey USA, with a confidence level of over 95%, reported that 60% of Denver area residents supported Denver’s pit bull ban, with only 35% opposed. Now, many surrounding suburbs of Denver, including Aurora and Commerce City, and other major cities around North America are following Denver’s leadership and either have already or are now pursuing the implementation of restrictions against pit bulls, including the entire Province of Ontario, Canada, the State of Oklahoma, and the State of California. Supporters from continue to send messages of support, such as the following email:

    With your prohibition of owning pit bulls you have saved lives. God bless you and your staff. . . . Keep up the good work! This is the most important task that you will perform during your entire career. The nation, and I, salute you.

    Finally, as the executive branch of Denver’s municipal government is tasked with the enforcement of laws passed by the legislative branch, any changes to the ordinance would be the decision of the Denver City Council.

    Thank you again for you inquiry.


    Kory A. Nelson, Esq.
    Last edited by a moderator: Aug 15, 2005
  2. GaDog

    GaDog Big Dog

    Is it still legal to drink in Denver and own a car?
  3. mike333

    mike333 Big Dog

    I know they might had problems but thats bullshit!If I go through denver theyll be takin me to jail.It makes you wanna bitchslap the hell out of em.Arrogant pricks:mad::mad::mad::mad::
  4. mike333

    mike333 Big Dog

    you did good though to keep a cool head when e-mailing them dozer.

    RIVES PITS Top Dog

    This Is Just More Of The Bull Jive We Have To Deal With Owning Pits It Is A Shame Huh?
  6. SouthernDixie

    SouthernDixie CH Dog

    Denver officials have gone mad! I wonder how many of them have even had an experience, whether it be good or bad, with a pit bull?
  7. Tiara

    Tiara Big Dog


    To respond to your statement below Mr Nelson:

    First off you refer to Pit Bull attacks that occured in Colorado between 1984 an 1989 and you claim that there were over 20 serious injuries yet you only cite two. You fail to mention the 3 year old little boy who was killed wandered 5 city blocks unattended into a garage where a Pit Bull had just had puppies. You also fail to mention between 1984-1989 1 Doberman, 1 Chow and 1 Rottweiler killed people and there were hundreds of severe injuries by other breeds of dogs in that time period. You also fail to mention that several months ago a 7 year old little girl was killed my two Malamutes that were spayed and neutered, we guess you do not care about young children being killed by dogs ?

    Dr Borchelt is not the leading expert on Pit Bull Terriers and we have trial transcript from the Tellings v Toledo case to prove it. He was asked under oath if he ever did any studies on Pit Bulls and he replyed "no" Dr Borchelt seriously lacks crediblity when one reads his testimony in Toledo Ohio. Dr Borchelt has never studied genetics and animal breeding, he admitted it. He also testified that he agreed with the American Temperament Testing Society who rates the Pit Bull Terrier with one of the best overall averages for sound temperament over 185 breeds of dogs.

    You claim the Denver breed ban was heavly litigated, we reviewed the trail transcript from the Colorado Dog Fanciers case and found false information,
    manipulated data and perjury.

    In the Robert Wright v Denver that ACF litigated last year the court ruled that at the time if the Denver Pit Bull law was being enforced the court may find the law "erroneous" In the Howard Margoluis v Denver case the court found your animal control officers could not identify Pit Bull Terriers beyond a reasonable doubt. In the 2004 Colorado Legislative Sessions you used the evidence from the Colorado Dog Fanciers case to attempt to stop HB 1279 and your data was proved erroneous.

    You claim only one Pit Bull was ever used for law enforcement ? Thats funny
    we know of one being used by the Washington State Patrol and in fact one of our Foundation's members owns a Pit Bull Terrier that has been used by law enforcement. A dog named Popcicle was used by US Customs and is responsilbe for the largest cocanie bust in history. You say no person can defend themselves against a Pit Bull attack ? What about the hundreds of children that have died from 30 other breeds of dogs in our country?

    You mention the boy in San Francisco, you fail to mention his mother locked
    him in the basement while she left the home because the dog had attacked
    him earlier that day, and now we are receiving reports that the boy may
    have died from a blow to the head. What we are very concerned about is you
    show no regard or respect for all the children and adults that have been
    serious mauled or killed by other breeds of dogs.

    You mention Dr Lockwood and he works for the HSUS, we find from Denvers
    data the HSUS assisted in Denver passing their breed ban and also their
    data was used at trail in the Dog Fanciers case, it can be discredited with
    little effort. The HSUS supports the end to domestic pet ownership.

    You make the claim that you support animal cruelty if you respect dogs that
    were bred to kill other animals. The majority of American Pit Bull Terriers
    are no longer bred to fight. 22 breeds are known to be used for fighting.
    Countless breeds have been reported to kill other dogs and animals.
    In the sport of illegal dog fighting can you show all the cases where when the dogs were fought they killed each other ?

    Your references to fatal dog attacks (Sachs Lockwood) has been found to
    have no credibility in previous court litigation.

    You keep mentioning all the children mauled by Pit Bulls, you say you would not believe the damage inflicted. Perhaps you really need to review ER reports from your own state on treatment of injuires from dog attacks before you make statements. We have that data.

    By legislating against one breed of dog you in fact are endangering the public. You are targeting responsible dog owners, you are criminalizing them and you do nothing to stop illegal activity. Breed bans do not reduce fatal attacks nor do they reduce dog bites. There is no proof breed specifc legislation is effective and your own cities data proves this. For all the allegations you make against the American Pit Bull Terriers have you stopped to realize that your city releases Pit Bulls outside Denver County for fist time violations of Denvers breed ban. We can't find one case of a Pit Bull released that has mauled, bitten or killed someone.

    Your statement on Pit Bulls by being illegal to help stop dogfighting is reckless and proves breed bans do nothing to stop illegal dogfighting. In Denver we asked Doug Kelly how many Pit Bulls out of apx 650 seized in 2003 were aggressive or showed signs of illegal dog fighting. Less than 20 from what we understand. Your statement also lables all Pit Bull owners as possible dogfighters.

    Denvers breed ban is unconstitutional and violates US Citizens right to be
    heard and their right to own property. You could not prove to the court in
    the Margolius case that your animal control officers can identify a Pit Bull beyond a reasonable doubt, that is proof by itself. Add to that all the current scientific data available and it shows no rational bases to single out a specific breed of dog.

    You mention the book Pit Bulls for dummies? What we find is alot of data being released by dummies on Pit Bulls. While your asking for extentions in the Colorado Court of Appeals in the Grebing v Denver/Colorado case we are preparing a Petition to the United States Supreme Court.

    We are also preparing for litigation in Colorado outside of the Denver area
    and we intend on taking that case to the US Supreme Court if needed. The
    majority of your data is influenced or directly coming from radical animal
    rights organizations who support domestic terrorism and the end to all
    animal ownership in the United States. This activity combined with the
    drama manipulation and sensationalism directed at the Pit Bull Terrier has
    now resulted in violence against responsible dog owners in the United
    States including assults with guns.

    Some Americans do not bow down to intimadation, death threats and violence especially when it comes to companion animals. When the American Canine Foundation started receiving death threats, dog owners calling up telling us their dogs have been taken and burned and killed, when dog owners are getting thier windows shot out guess what ? It all stops there Mr Nelson.
    I own American Pit Bull Terriers and other breeds, its the owners we need
    to focus on, we need to hold the owner of any breed of dog accountable for
    his dogs actions.

    I received two death threats in the last two weeks, one told me somebody
    needs to take a good 357 magnum and blow us all away and our Pit Bulls. It
    came from a Real Estate agent in California who supports animal rights agendas, the other threat came from Orcas Island Washington, we believe it
    may be tied to the same group that was repsonsible for lighting a lumber
    company on fire then stopping at a gas station and dumping all their
    evidence in the dumpster in front of cameras focused on the otuside of the
    store. So Mr Nelson we are taking this issue very serious and I am making
    it very clear to you that you are not only a lawyer, but a government
    offical and you are supporting the agenda of the animal rights movement
    that includes at this time domestic terroism on dog owners and the end to
    domestic pet ownership.

    I also want to make it very clear we are not defending the Pit Bull we are providing accurate data to aid in effective canine legislation to protect the public and science proves there is no breed of dog thats inherently more vicious or aggressive to the point there is any fundamental or rational right to exterminate a breed of dog. The contents of this statement is supported by documentation that holds great credibility.

    Glen Bui
    American Canine Foundation
  8. SouthernDixie

    SouthernDixie CH Dog

    That's a great letter!!!
  9. The law knows that people will own pitbulls whether or not they are banned and they also know that they will catch some of them and money will be made from fines also the so called pitbulls experts my butt too the experts are the ones that raise them and breed them . i remember when doberman became the dog a fashion there was quiet a few people killed by them .
  10. Rockstar

    Rockstar CH Dog

    Gotta love the good ol' ACF. Often they are the stone wall between our dogs and the death chamber. We need to be supporting this organization to the fullest.

    "...other major cities around North America are following Denver’s leadership and either have already or are now pursuing the implementation of restrictions against pit bulls..."

    Denver's leadership:rolleyes: ...God forbid.
    Last edited by a moderator: Aug 15, 2005
  11. whiteyransom

    whiteyransom Top Dog

    i saw this and thought that it might fit in here...(1)Since 1992, the breed most involved in
    fatal attacks has been the Rottweiler, not the pit bull.

    (2)Although there are no accurate or even
    near accurate census records for dogs in the U.S., in some populations
    pit bulls are estimated to comprise some 30-40% of the dog population,
    making it a very popular breed. Considering that there were an estimated
    53,000,000 dogs in the U.S., and assuming that pit bulls make up 10% of
    that population, there would be approximately 5.3 million pit bulls in
    our society. In 2000, 13 pit bullswere involved in 8 fatal attacks. That is
    roughly ONE dog out of 204,000 - or .000385 percent of the pit bull population.

    (3)Over the 37-year period from 1965-2001,
    pit bulls have been blamed for an average of 2.48 human fatalities per

    (4)About 40 people (children) per year die
    by drowning in 5-gallon water pails. A person, during their lifetime, is
    16 times more likely to drown in a 5-gallon water pail than to be killed
    by a pit bull.

    (5)Approximately 50 children in the US are
    killed every year by their cribs - 25 times the number of children and
    adults killed by pit bulls.

    (6)Approximately 150 people are killed every
    year by falling coconuts. Therefore, you are more than 60 TIMES MORE LIKELY
    to be killed by a PALM TREE than a pit bull.

    (7)Each year, 350 people drown in their bathtubs.
    You are 151 times more likely to be killed by your bathtub than you are
    by a pit bull.

    (8) It is estimated that about 500 deaths per
    year are caused by aspirin. You are more than 200 times more likely to
    die from taking aspirin than from a pit bull attack.

    (9)Every year, more than 2,000 children in
    the U.S. are killed by their parents or guardians either through abuse
    or neglect. A child is more than 800 times more likely to be killed by
    their adult caretaker than by a pit bull.

    (10)It is estimated that 5,000,000 dogs per
    year are killed in shelters. Since in many places pit bulls make up 30-50%
    of the shelter population, and are less likely to be considered for placement
    than any other breed, guessing that 25% of those dogs killed is a reasonable
    estimate. Therefore, it can be assumed that perhaps 1.25 million pit bulls
    are killed per year.

    Therefore - it is at least a HALF MILLION TIMES
    MORE LIKELY that a pit bull will be killed by a HUMAN than the other way around.
    Rockstar likes this.
  12. DryCreek

    DryCreek CH Dog

    I like this info,kind of puts it into perspective doesn't it.

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