Controversial ban of pit bulls as service dogs contested by disabled man

[caption id="attachment_19864" align="alignleft" width="300"] pit bull terrier[/caption]

Leanne Jenkins----Miami-Dade County has banned pit bulls, producing controversy regarding the rights of a disabled person who has this type of dog as a service animal and the ordinance which requires registration and the payment of fines to prevent more of these dogs from entering the county.

Felix Conde has obstructive airway disease and claims his physician prescribed the pit bull named Lucky as a service dog. The dog is said to fetch the inhaler, for example, that Conde maintains is needed for his condition. He has been fined $10,715 for keeping the dog and has been warned many times about the need for registration. Conde has had to send the dog elsewhere, which he hopes will be temporary, as the Miami-Dade County law allows for the killing of the dog if it remains in with Conde in the County.

Conde is reported to have received various notices during the year about the regulations, and the fine was originally $715. Since the dog was sent away, Conde was in an automobile accident where he sustained catastrophic injuries and is seeking to have his dog back, using the Americans with Disabilities Act as the platform for his lawsuit.

A number of pit bull owners and their supporters maintain that the dog has the characteristics needed in a good service animal.  One advocate maintains,” In fact, they are known to be gentle and dependable dogs.” Another writer takes a similar position by saying, “They are companion animals who have enhanced the lives of many through their devoted people-loving natures, positively channeled physical prowess, bravery and intelligence.

Property owners who offer rentals are particularly concerned about having pit bulls as one of the dogs used as service animals. The owner of the property is in part responsible if there is an aggressive attack and could be sued, so the notion of having a dog that some believe has negative breed specific behaviors is controversial.

The American Bar Association has taken the position against breed-specific laws and believes that the law should be neutral on the matter of whether or not the pit bull can be a safe and responsible animal to help the person with disabilities.