Among the many problems associated with breed specific legislation and its enforcement against pit bulls are the
issues associated with identification. "Pit bull" is not a breed, but rather a generic term used to describe the
American Pit Bull Terrier, American Staffordshire Terrier and Staffordshire Bull Terrier. However, the physical
traits and characteristics shared by "pit bulls" are also shared by approximately twenty-five (25) other breeds
that are not typically classified as bully breed dogs. Obviously, this causes great difficulty in identification and
allows for discriminatory and subjective actions by animal control officers.
Find the Pit Bull is an excellent tool to demonstrate the difficulty of identifing a purebred
American Pit Bull Terrier. Click
here to take the test yourself.
A former Ohio dog warden, Tom Skeldon, who was called as an "expert" on behalf of the City of Toledo in
the matter of Toledo v. Tellings testified that there is really no way to tell if a dog is or is not a pit
bull, and the determination is made by animal control officers' subjective judgment. Toledo
v. Tellings, 2006 WL 513946 (Ohio App. 6 Dist) March 2006
[Breed bans] carry with them too much potential for arbitrary or improper enforcement: inaccurate breed identification
by officials and difficulty enforcing breed bans against mixed-breed.
Source: AnimalLaw
[W]e conclude that the subjective identification of pit bulls may often
include both non-pit bulls or dogs which are not vicious...[laws] based upon that identification process, we conclude that
they are unconstitutionally vague. Toledo v. Tellings, 2006 WL 513946 (Ohio App. 6 Dist)
March 2006
