Denver's Pit Bull Ordinance Upheld By Denver District Court 4/8/2005
Denver's Pit Bull Ordinance Upheld By Denver District Court
Denver to Resume Enforcement May 9th
On Thursday, April 8th, the Denver District Court upheld the constitutionality of Denver's ordinance prohibiting pit bulls in the City and County of Denver. Denver District Court Judge Martin F. Egelhoff found that the State Attorney General’s Office failed to provide any new scientific evidence in the field of animal behavior or other new information to undermine the original factual findings of the 1990 decision of Denver District Court Judge Rothenberg in the Colorado Dog Fanciers’ lawsuit against Denver. As the Colorado Supreme Court’s 1991 decision upheld Judge Rothenberg’s conclusion that Denver’s ordinance is constitutional, Judge Egelhoff ruled the State failed to justify reversing the Supreme Court ruling.
Thursday’s trial resulted from Denver’s lawsuit against the State of Colorado, filed in May of 2004, in response to the state legislature’s passage of HB04-1279, sponsored by State Representative Debbie Stafford, which prohibited all counties and municipalities from having breed specific bans. Judge Egelhoff issued a ruling in December of 2004, finding HB04-1279 did violate Denver’s home rule authority under the Colorado state constitution, concluding the State could not impose such limitations on Denver.
Denver’s Division of Animal Control intends to resume its enforcement of the pit bull law on May 9, 2005. This 30 day time period will give pit bull owners in Denver sufficient time to remove their dogs from the City. Due to Judge Egelhoff’s ruling in December of 2004, it is permissible to transport a pit bull directly through Denver, from a starting point outside of Denver to another destination outside of Denver, provided the pit bull dog remains in the vehicle.
The Denver pit bull law prohibits any person from owning, possessing, keeping, exercising control over, maintaining, harboring, or selling a pit bull in the City and County of Denver. A pit bull is defined as any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog displaying the majority of physical traits of any one or more of these breeds. Copies of these three official breed standards are available at the Denver Municipal Animal Shelter at 678 South Jason Street, Denver (303) 698-0076.