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Pit Bull Ban Proposed In Texas, 'Justin's Law,' Would Make Owning The Dog Breed A Felony

Pit Bull Ban

The Huffington Post   First Posted: 01/24/11 01:22 PM ET Updated: 05/25/11 07:25 PM ET

Should pit bulls be banned in Texas? The question has sparked an enormous debate that ultimately brings us to the age old question of "nature vs. nurture." Are pit bulls inherently dangerous, or are their owners responsible for making them aggressive?

Justin Clinton, a 10-year-old boy from Texas, was mauled to death in 2009 by two pit bulls. After winning a $7 million civil suit against the dog's owners, the Clintons are now proposing "Justin's Law." The legislation written by Cynthia Kent, the family's attorney, would make it a third-degree felony to own a pit bull in Texas, though it currently has no sponsors in the Legislature.

Despite the proposed law having a slim chance of passing, it has ignited a heated debate over the animal breed. Pit bull owners are outraged, as seen in the HLN footage below of the Shoemaker family. They have good reason to be upset - their pit bull saved them from an intruder who shot the dog three times before running away. The pit bull was awarded the "Dog of Valor" award.

Dog trainer Michele Crouse believes that it's not the dog's breed, but rather the dog's owner who determines the animal's aggression. "It's all upon the responsibility of the owner and not what dog they have," she told NBC. "It doesn't matter if they have a 2-pound Chihuahua or a 200-pound mastiff."

The Dallas Society for the Prevention of Cruelty to Animals accepts pit bulls at its shelters. As SPCA of Texas president James Bias explains, "We treat every dog coming in here as an individual rather than lumping them in as a specific breed type."

The American Temperament Test Society evaluates dog instincts. In the past, pit bulls have reportedly ranked better than average - the American Pit Bull Terriers recently scored an 85.3%, ranking above the much-beloved Golden Retriever.

But advocates of the ban suggest that dog bite statistics speak louder than temperament tests. According to a study conducted by Merritt Clifton, editor of "Animal People," pit bulls are responsible for a higher percentage of dog bites than most other dogs.

Clifton argues that the humane community doesn't encourage pumas for cat adoption, because "it is clearly understood that accidents with a puma are frequently fatal. For the same reason, it is sheer foolishness to encourage people to regard pit bull terriers... as just dogs like any other, no matter how much they may behave like other dogs under ordinary circumstances."

According to Change.org, dog bite statistics based on specific breeds are extremely unreliable, and the Center for Disease Control even opposes breed-specific legislation due to those numbers being so faulty.

Matt Miner, a pit bull owner and animal activist, offers an alternative suggestion to the pit bull ban. "Ban the breeders, put a moratorium on breeding and stop this nonsense. There's too many dogs in our shelters, and we need to give our rescues time to catch up with the sheer enormity of the problem."

Jane Velez-Mitchell puts it a bit more bluntly when she states, "People are too lazy and too cheap to get their dog spayed or neutered."

What do you think? Should pit bulls be banned? Should breeders be held responsible? Or is this an issue less about pit bulls and more about overpopulation due to overbreeding?

WATCH this lively argument in defense of pit bulls:
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Should pit bulls be banned in Texas? The question has sparked an enormous debate that ultimately brings us to the age old question of "nature vs. nurture." Are pit bulls inherently dangerous, or are t...
Should pit bulls be banned in Texas? The question has sparked an enormous debate that ultimately brings us to the age old question of "nature vs. nurture." Are pit bulls inherently dangerous, or are t...
 
 
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10:36 PM on 02/28/2011
i am so sick of hearing people "follow the leader" like little sheep acting like they know what they're talking about when it comes to pits, or any dog for that matter. It's HUMAN FACTOR. Yes, it's sad what happened, but guess what! It wasn't MY dog that did it. It wasn't MY lack of supervision. It wasn't MY lack of teaching my child how to respond to dogs he/she don't know. And it wasn't MY lack of training my pet. Before trying to tell me what i can and cannot have in my house because you had something happen, how about you take some of that 7 mil you won and start paying my bills. Then you can have the right to tell me what i can and cannot have in my house!
09:36 PM on 02/26/2011
Two weeks ago in Charlotte a 5 year old girl was attacked by two pit bulls. Her throat was ripped out. Her grandmother tried to protect her from the savage attack by lying on top of her. She was severally wounded as well. The owner of the dogs had been sited about them being loose before, and is now charged with manslaughter.
The problem with pit bulls is how much damage their bite can inflict and their instincts as fighters in how they deal it. If a pit bull attacks there will be damage done, and tragically, when it’s on a child, it’s usually fatal. Most of these attacks are not provoked!
I’m sure those of you posting here are responsible pet owners, and you have a wonderful pet that you love very much, but your breed is dangerous. They kill children easily, and it happens far too often. For those families with pit bulls that have learned this lesson tragically, I’m sure they probably thought they had sweet dogs too.
To protect children, something should be done. Maybe banning isn’t it, but labeling the breed as dangerous and requiring special training and licenses to own one, or face felony charges, might help insure they are in the hands of responsible owners. It’s a start anyway.
12:36 PM on 03/03/2011
I believe you should be required to train ANY breed of dog, especially big dogs!!! I know a child who's face was ripped off by an Akita, I also know a guy who owns a German Shepard with a constant prey drive and CANNOT be around people other than his owners. This kind of stuff is everywhere, we just don't hear of it, and their jaws aren't boxed so they can't be called "pit" to hype the media! My APBT does therapy for terminally ill kids, I realize the majority are not going to train to this extent but obedience, socialization, having a purpose, and love are the key to this amazing breed. They are not a breed for everyone or first time dog owners, they require ALOT of time, but given that time they are, in my opinion the absolute best at anything you WANT them to do!
06:04 PM on 02/13/2011
For cryin out loud, ANY dog, I do mean ANY dog can be violent. I have been nipped by those tiny yappy taco bell dogs & licked and loved to death by a HUGE trained German Shepards (trained as a correction officers dog in a prison setting, he was retired).
I SWORE Pitts were DANGEROUS & could NOT be redeemed UNTIL I found my American Pitt Bella one FREEZING cold night in 2009 wandering the streets looking for warmth, food, love and shelter.
She was running up on one porch (cuz they fed her a few times) & when I walked up with my husband and neighbor she ran right to us, licking us, tail wagging.
LUCKILY she escaped before the loser who owned her could breed her or hurt her.
2 years later she has been with us & not ONE issue. My cat has scratched her, bit her, chased her, etc. ALL she has EVER done is whine and yelp. NOT one agressive stance or move has been made even after Sammy made her bleed.
Sammy doesn't like dogs or ppl for that matter. He likes me and food. He was a stray who was mistreated by kids and ppl while on the streets.
All are spayed, vaccinated, have basic training.
Did I get lucky in the PB lotto? No, its the owner not dog.
Shouldn't she of ripped Sammy to shreds (according to some of you)?
Why is Bella NOT a cat mauling freak? She got lucky
12:24 AM on 02/12/2011
now keep in mind most of the dogs that you see on TV that have mauled someone. they have all been kept in the back yard. pitbulls are not outside dogs. they have short fur. which means the get cold easily. but at the same time they have fur, which means they also get hot. now imagine if i left you, in a back yard in this "texas heat" with no food or no shade I am sure you would get a little pissed off too. you are not gonna kill my innocent dogs sorry.
08:28 PM on 02/11/2011
if you are gonna ban pitbulls you better come up with a good SCIENTIFIC REASON on why they attack and have proof backing it up. especially if your gonna kill my 2 dogs. i dont want to hear "they turn on you" or it the "breed." i want scientific test and data that shows who, what, How, and why. you arent just gonna kill my dogs that havent done nothing to anyone.
10:11 AM on 02/11/2011
I actually live in Texas myself with a pit bull. When I got her she had been starved, brutallly beaten, neglected, and perhaps even cut with knives. But still, after all of that, she is the sweetest dog I have ever met or owned. She is extremely loyal and gentle. She gets along with other dogs perfectly fine. I have a toy poodle mix that she plays with but is never aggressive towards. She also gets along with my cats, and one of them even plays with her!

I've also known many pits, and not one has been mean or aggressive in any way.

Clearly, these dogs are inherently gentle in nature. Humans however, are not.
03:18 PM on 02/10/2011
People are over reacting about this specific breed. Almost every breed has had its turn, there has been upsets about German shepherds, Rottweiler’s, Dobermans, and now it’s the pit bulls, this is wrong!!!! People need to read the studies, need to do their background from both sides. They need to make decisions based on facts, not hear say. An example more than half of the "pit-bull" bites that are in fact reported on television are not at all pit bulls. They just say that to catch the attention of viewers and don't even bother to in fact confirm that they are nor do they try to disconfirm the breed. #1 problem the news Stations. They need to be more responsible and have credited sources this is completely an outrage! I personally have 2 pit bulls each a day from being killed in the pound, they had a bad life before they were with me. Every single person that has ever met them, LOVE them. They are gentle, sweet, loving, and caring dogs. . People need to see the breed as a whole not because of what someone's ill trained pitbulls, maybe not even pit bull dog has done. And YES it is horrible when it is truly a pit-bull and whatever they have done, but that is the owners fault not the breed as a whole..... Be responsible humans and take care of your pets, and train them and socialize them more with humans, animals alike.
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jwald1
Badges? I don't need no stinking badges!
04:12 PM on 02/07/2011
funny as i am reading this, the news just reported a pit bull attack on a philly cop.
05:18 PM on 02/07/2011
The question is... was it really a pit bull? Or did the media just go for a headline that would bring the most readers?
01:21 PM on 02/06/2011
Whatever all you experts....I rescue these animals and have never met a sweeter breed. This type of Fox-news fear has been played before..remember Dobermans in the 80's? And German Shepherds in the 60's? Rottweillers in the 90's?
My main pit is a therapy dog who visits terminally ill children in the hospital. She is amazing. She also goes to the local school where for a B.A.R.K. program where kids read to her, the playground swarms her when she shows up.
BREEDERS are the problem here, BAD OWNERS are the problem here.
So please don't post all your expert analysis until you've spent time with these amazing dogs. Come over to my house for an hour and I'll convert you, I guarantee it.
America, the land of fear and ignorance. $$$$
12:35 AM on 02/07/2011
Fanned and faved!

Couldn't agree with you more. Careless breeding and irresponsible owners are 100% to blame! I too in the near future will be embarking on my own mission to rescue and rehabilitate these wonderful animals. Hats off to you and your dog for your amazing efforts!
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jwald1
Badges? I don't need no stinking badges!
04:08 PM on 02/07/2011
no i do not remember the dobermans in the 80's or german shepherds in the 60's, but i hear this argument from pit bull owners all the time. As a matter of fact the CDC statistics for 1979-1988, has pit bulls as number one(37), german shepherd number 2(9),doberman came in at number five(5).
http://www.cdc.gov/ncipc/duip/dog1.pdf
04:42 PM on 02/07/2011
We have already discussed the CDC, and have found their studies to be bogus. Even the CDC came to this agreement.
05:52 PM on 02/13/2011
As a kid in the 80's I grew up in Ct. & Rotties & Dobies were on the chopping block like Pitts are now. Ppl said how dangerous these 2 breeds were and as a kid we were to9ld to stay away from the guy who owned 2 beautiful Dobies a few houses away. Now I realize how ignorant that was and how ignorance can kill a breed.
Ppl are judging a breed based on the ignorance of the humans raising that dog.
The breeders NEED to be stopped! Stricter laws put into effect for humans who REFUSE to spay & neuter their dogs and cats. Also stricter laws for animal abusers & breeders.
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Mac Michaels
10:24 AM on 02/06/2011
Funny how this is going....you have the one side saying "I think" "pits are mean evil dogs " and then repeating what they think they have heard others say.........then theres the other side THAT OWN,OR WORK WITH pits who give actual facts and quote experts stating that the evilness of pits is grossly exaggerated....(except for that 1 person who claimed all the sites proving his viewpoint,yet if you actually look at those sites,you find either he is a lier or cant read)
12:38 AM on 02/07/2011
fanned and faved!

I think he can read... he just grossly misinterpreted and manipulated what he read to suit his own theories!
03:06 PM on 02/07/2011
Haven't picked up the difference in verbiage, but it is actually to someone's credit not to claim "fact" all the time. It depends upon epistemology, but most scientists and other people who think for a living consider only the simplest of observations (like "that liquid is red") to be facts.
04:43 PM on 02/07/2011
Well wasn't that the best of come-backs! (Sarcasm)
12:57 AM on 02/06/2011
More links to more opinions.... well isnt that just lovely! I am sure you could also find just as many sites for other breeds that discuss similar issues! Quite frankly who is going to waste their time looking at all these sites? Only someone without a life and on a tirade would waste their time. uh hem... not saying any names or anything. You really should consider taking up therapy or something. You seem to have lots of pent up aggression. There are people who can help you with that!
03:39 AM on 02/06/2011
You are now truly coming off as a clown. You will see one of the links is the UKC and some prominent pit bull groups. They understand the breed's history and its current day implications. You, on the other hand, are doing your choosen breed and society a disservice by denying the truth. You say people should do research on the breed to make a good choice, but it seems you do not truly believe this. It seems, more than likely, that you just cannot admit to being wrong about this. A responsible dog owner would actually look at these links if they thought they might correct a misconception of theirs.It does not matter if you could find as many sites for other breeds with similar issues,we were discussing the dog aggression common in pits that you deny.I posted these sites to show you that other people "get it",and then you say it would be a waste of time to look at them.It seems you are discouraging others from information,and letting yourself off the hook.Your repeated attacks on me and stating I should see a therapist speak for themselves. Michelle, you are obviously the one who is angry and are simply projecting that onto me.
04:11 AM on 02/06/2011
Spelling police: "chosen" not "choosen"
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jwcmass
I dream of things that never were and ask Why not
12:59 AM on 02/06/2011
And the same could be said for other breeds of dogs -- like the Akita, just to name one.
 
But what you still don't understand is that not ALL dogs fit with breed "stereotypes"
 
Remember, though there are different breeds, we are talking about ONE species here.
 
And it is we who are HUMAN who recognize the breeds. Dogs don't know they are of a certain breed and are supposed to act (or look) a certain way. It doesn't work that way for them.
 
Having said that, anyone who owns ANY dog needs to recognize that it is a predatory animal, and that fact MUST be realized -- and the owner must ALWAYS be vigilant, and look for trouble signs, and stop an incident before it starts.
 
The very fact that you have listed this shows that many owners of APBTs and ASTs ARE AWARE of this. And thus are willing to TAKE THE RESPONSIBILITY for their dog's training and socializing, and correct inappropriate behavior.
 
But this applies to ANY dog owner, especially any owner of a large dog, which can do more harm than small dogs can.
 
And the more dominant the dog, the more the owner needs to be a strong personality (or the dog will simply take over) AND be more vigilant.
 
And while genetics do play a role, I believe (from personal experience) that the raising and training and socializing are more important factors.
01:58 AM on 02/06/2011
Couldn't have said it better jwcmass! Fanned and faved!
03:48 AM on 02/06/2011
Your comment dances around like a pro boxer not wanting to get hit,but the boxer only throws punches in random directions. I agree there are several fighting breeds with dog aggression, pit bulls happen to be the most popular and the subject of this article so that is why it is being mentioned.Of course not all dogs in a breed are EXACTLY the same and EXACTLY like the breed standard, however if you get a puppy you look at the breed to know what you should expect ON AVERAGE.The dog has an incredible amount of diversity in form and function as a result of human efforts, so just claiming that they all must be highly similar is not understanding the species concept. All two individuals being in the same species means is that they can mate and produce fertile offspring, that is all. The thing about a pit not knowing it is a pit makes no sense, what matters is that ITS BRAIN WAS CONSTRUCTED WITH INSTRUCTIONS FROM PIT BULL DNA.Yes dogs come from wolves which are predators and all dogs can fight,okay nothing there really.
05:28 PM on 02/05/2011
Pit Bulls have a propensity for violence unrivaled by any other breed and should be outlawed. Existing dogs should not be put down, though, but sterilized and allowed to finish out their lives unmolested. Keeping a fertile Pit Bull is what should be criminalized, along with ownership of one demonstrably born after any ownership prohibition laws are enacted.
01:08 AM on 02/06/2011
You obviously are totally unaware of all the great things dogs from this breed have done for our nation. You wish to anihilate this breeds very existence? Who deemed you god? Basically you sound like a Pit Bull Nazi! Hmmm.... heres a thought. Lets not make the breed itself extinct but instead enforce better guidlines for any breed. There are millions of people who should never own a pet period! Hell, there are many that shouldn't be allowed to procreate, but thats another topic entirely. Look at all the animals in shelters! This just proves my theory. Only responsible people should be allowed to breed and own pets. I mean they don't just let anybody drive cars, cause that would be reckless! Why not set some standards to who can breed and care for animals! But to exterminate one breed alone is crazy, especially a breed that does have great qualities and great strengths!
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jwcmass
I dream of things that never were and ask Why not
01:11 AM on 02/06/2011
And just how would you PROVE a dog was a pit bull (as opposed to a pit bull mix). I had an APBT, but he didn't come with papers. I did have him neutered, as I wasn't planning on breeding, but he was not at ALL like the description you just laid out.
 
He was NOT a violent dog (indeed we had a pug who was more dominant, and was far more likely to bite.)
 
Again, the problem is not the dog. Pit Bulls may have certain tendencies, but they are DOGS. For the most part they ACT like other DOGS.
 
My dog's favorite game was to chase and catch a frisbee. He actually learned this from another AST whom he often played with. And they NEVER had a fight. NEVER.
 
He also had a very affectionate disposition, not just towards our family, but to complete strangers (I often said that if we had a burglar, he would be holding the flashlight for him.)
 
The warning I had to give people about him was to watch out for his tongue. He was a licker.
 
He was also highly intelligent, and knew instinctively that my grandmother was frail. When you played with him he was very strong (he also loved to play with a tug toy) -- yet he was very gentle with my grandmother.
 
Where the problem lies with these incidents are with the owners. Unfortunately because of the APBT and AST's reputation, there are people who have no business owning a dog who want them for the wrong reason.
 
There are also owners who don't really know what they are doing.
 
Just curious, have you ever KNOWN a APBT or AST? REALLY known them, not just had infrequent incidents with them?
02:24 AM on 02/06/2011
My dog loves the tug toys as well, and he too adjusts his level of tugging! Just yesterday my 18 month old daughter was playing tug of war with him. He was extremely gentle with her. She had a ball thinking she was winning! When he plays with my 250 lb husband, it's an all out war! Not a violent one, but he most certainly puts forth all his efforts!

I also love your flashlight statement! I can't say that my dog would hold the flashlight. If I were truely in danger, I know he would give his life to save mine. He acts only on commands, however! He even takes commands from my year and a half old. She will point her finger at him and tell him to sit and in an instant he obeys! He is so dependant on me to guide him through his day that he is always at my feet or by my side. He does not eat unless I give him the command to. He literally sits waiting in front of his bowls until I fill both his food and water and then tell him to eat! Dub seems to think I have no control over my dog when in all actuality I have complete control of him. He is a rescue dog. We got him after he was full grown. Dub however does not believe in responsible owners and rehabilitated dogs! I know better! My dog is proof!
03:08 PM on 02/05/2011
The pit bull is the doberman of the 90's. Remember when it was dobermans that attacked? It's all BS, It has nothing to do with the breed and everything to do with training.
03:46 PM on 02/05/2011
Yes, the fact that, over time, more than one breed has been thought to be especially dangerous does in fact prove that no breeds are especially dangerous. (joking)
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jwcmass
I dream of things that never were and ask Why not
01:25 AM on 02/06/2011
Dub,
 
You keep missing the essential point. ANY dog is POTENTIALLY DANGEROUS!
 
A dog is a CARNIVORE, and is a predator. Even the tiny pug's brain is wired like a wolf's.
 
Now of course LARGE dogs, due to their strength, can do more damage. But that can apply to ANY breed, or to mixed breeds (how do you evaluate THEM?)
 
Remember, a Pit Bull Terrier DOESN'T KNOW it is a Pit Bull and so is expected to act mean and tough. They each have their individual personalities, just like people do.
 
I had one that was quite submissive (active submissive as opposed to passive submissive -- there is a difference). He was friendly to just about everyone. (Some men sometimes frightened him -- but he never attacked -- when he felt threatened, he would come run between my legs.)
 
I have known other Pit Bulls as well. My dog's mother was more dominant. She also wasn't too fond of children, because in the neighborhood where she grew up, children would throw fireworks. But my brother was aware of this and kept her away from children. Never had an incident.
 
And I have two friends who had or have ASTs (a similar but slightly different breed from the APBT - ASTs tend to have larger heads). Both were males, and both were well trained and socialized and carefully cared for. I was at one friend's house, and his family was having a barbecue. There were many people there -- some whom the dog knew, many whom he didn't. He was extremely well behaved (especially as there was a lot of food around -- people eating with plates on their lap). He never even tried to grab any food, and was the perfect gentleman.
 
Now as I said, large dogs are not for everyone. They do require LOTS of exercise. Not everyone can provide that. They also (like ANY dog) need to be constantly watched, and owners need to be alert to potential trouble. (like a strange dog walking down the street, though my dog had no problem with other dogs.)
 
I would just conclude by saying it is important to remember that they are DOGS first, and their breed second. (and most dogs out there  are MIXED breeds).
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JoyceBains
04:47 AM on 02/06/2011
What that before or after the oh-so-scary German Shepherd?
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Mac Michaels
08:30 AM on 02/05/2011
The dog that attacked justin WAS NOT a pit bull....Many dogs are mistaken as pit which gives the breed a bad name...If you have 20 other breeds that are called pits,of course thats going to inflate your attack numbers...The FACT is that a golden retriever will attack a person before a pit bull will....I will bet THAT YOU DONT EVEN KNOW WHAT A PITBULL IS!!! Here,prove me wrong...this link is a pitbull test...there are 25 different pure bred dogs pictured..just click the picture to see the name of the breed...FIND THE PITBULL IF YOU CAN!!
http://www­.pitbullso­ntheweb.co­m/petbull/­findpit.ht­ml
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Mac Michaels
08:39 AM on 02/05/2011
bad typing on my part...here is that link

http://www.pitbullsontheweb.com/petbull/findpit.html
03:35 PM on 02/05/2011
This test is ridiculous. It takes a pit bull, a few common breeds, and then rare breeds that look similar to pit bulls; and then shows low quality photos of them (most of which are only head shots and do not show anything in the picture to allow us to judge the size of the animal (I can make a penny look big if I zoom in right?)). How abou this? Show us good quality pictures of the 50 most common dog breeds in America and see if we can find the pit bull. I guarantee it is much easier and a more realistic test. But you aren't interested in that. I'll leave this for anyone else to ponder, how many times have you been certain that a dog was a pit bull and the owner responded "why no it is a boerboel". You pit nutters are ridiculous.
07:21 PM on 02/05/2011
Here's a website with links to pics of 50 popular dog breeds.

http://www.dogbreedinfo.com/top50.htm

It says 50 most popular, but I doubt it is true because pits aren't on there. So, it is likely going by numbers registered of various breeds. Still, click through the pics of at the very least 50 popular breeds and see which you think look just like a pit bull. The only on the list that are borderline are boston terrier, boxer, shar pei, mastiff; but most people have no trouble telling these from pits.