IS BREED SPECIFIC LEGISLATION CONSTITUTIONAL?
Banning a specific breed of dog could only be declared constitutional if there were scientific genetic proof that a specific breed of dog is dangerous. The breed bans placed on the Pit Bulls and other breeds are clearly unconstitutional, which is why we find 11 states in the United States that have passed laws making it illegal to declare a dog dangerous by breed. The Pit Bull is not dangerous, it is a “Terrier” and all terriers have animal prey drive, this does not make them dangerous or vicious. The human fatalities by dogs from our research show that one breed of dog cannot be singled out. “The Pit Bull has to be trained to fight.” (HSUS 2002). To be declared a danger to the public to the extent of taking away the constitutional rights of dog owners, the breed of dog in question would need to be proven dangerous with scientific evidence. This is something WAF has found to never have been addressed to the extent it should be. 1. There is no scientific proof that any one breed of dog
