I am disappointed in the Maryland Courts

Discuss Breed Specific Legislation and local county laws on pit bull ownership.
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Amie
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I am disappointed in the Maryland Courts

Postby Amie » Fri Apr 27, 2012 6:25 am

WHAT THE COURT HELD
Case:
Tracey v. Solesky, et al. CA No.53 Sept. Term 2011. Reported. Opinion by Judge Dale R. Cathell. Dissent by Judge Clayton Greene Jr. Argued Jan. 9, 2012. Filed April 26, 2012.
Issue:
Is the harboring of pit bulls by tenants an inherently dangerous activity for which landlords may be held strictly liable?
Holding:
Yes; Because of its aggressive and vicious nature and its capability to inflict serious and sometimes fatal injuries pit bulls and cross-bred pit bulls are inherently dangerous.
Counsel:
Richard E. Schimel and Clifford A. Robinson for petitioners; Kevin A. Dunne for cross-petitioners.

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BabyReba
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Re: I am disappointed in the Maryland Courts

Postby BabyReba » Fri Apr 27, 2012 8:10 am

A friend texted this to me last night, and it's shocking. One of the things it seems to do, from my reading, is that even a landlord has to take responsibility for a tenant's dog, if the landlord knew the tenant owned a pit bull. I won't be surprised if even more Maryland rental properties start shutting the door on pit bulls.

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Amie
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Re: I am disappointed in the Maryland Courts

Postby Amie » Fri Apr 27, 2012 8:17 am

Yep. And even landlords who don't have a problem with pit bulls, who simply ask that their tenants take responsibility for their dogs, will now likely have to, because they could be completely devastated by something that is far beyond their control.

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Sarah
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Re: I am disappointed in the Maryland Courts

Postby Sarah » Fri Apr 27, 2012 9:45 am

Yep. It will make it impossible to rent with a pit bull. This decision MUST be fought.

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Re: I am disappointed in the Maryland Courts

Postby bmore_girl » Fri Apr 27, 2012 10:52 am

i am hoping it will be fought. once something is organized, i am ready to help, as are many others in the MD pit bull community.

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Re: I am disappointed in the Maryland Courts

Postby Curly_07 » Fri Apr 27, 2012 10:58 am

Guess I really won't be moving across the river now! If you guys come across info/orgs fighting this, please post so I can share on FB. Most of my friends up here live in MD.

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Re: I am disappointed in the Maryland Courts

Postby bmore_girl » Fri Apr 27, 2012 11:32 am

i've heard bmore dog is going to organize something. i've just joined their fb group to stay in the loop.

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Re: I am disappointed in the Maryland Courts

Postby BabyReba » Fri Apr 27, 2012 11:52 am

i saw that pauline posted something about it on FB. maryland dog federation would be good to get on this, as well, if adrianne is still active and doing stuff with that organization. i think to overturn a court case, you'd need to actually file an appeal in court ... it's not a legislative thing, it's a legal thing, so the fight is likely to be pretty complicated. i wonder if it might not be a bad idea to look to one of the deeper-pocketed organizations, like best friends, to see if there's a way to get some funding and legal assistance. best friends does/did sponsor a program at BARCS, so they do have a vested interest here.

i'm a maryland landlord, and i can say with certainty that this would be my biggest fear (not a pit bull biting someone, but a law being created that explicitly makes me liable for a tenants dog if it bites someone because i happened to know that the dog was a pit bull.) not cool.

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Sarah
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Re: I am disappointed in the Maryland Courts

Postby Sarah » Fri Apr 27, 2012 2:34 pm

BabyReba wrote:i'm a maryland landlord, and i can say with certainty that this would be my biggest fear (not a pit bull biting someone, but a law being created that explicitly makes me liable for a tenants dog if it bites someone because i happened to know that the dog was a pit bull.) not cool.


Well that's exactly it. Even as a pit bull owner yourself, how can you take that risk? Too scary.

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Sarah
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Re: I am disappointed in the Maryland Courts

Postby Sarah » Fri Apr 27, 2012 2:58 pm

NAIA might help, I'd contact them.

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Re: I am disappointed in the Maryland Courts

Postby BabyReba » Fri Apr 27, 2012 4:00 pm

i emailed them this afternoon to see what they'd have to say.

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I am disappointed in the Maryland Courts

Postby BabyReba » Fri Apr 27, 2012 5:13 pm

NAIA emailed me back already. That had no idea this was happening, and they said they were going to talk to the legal department to see if there's anything they can do.

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Amie
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Re: I am disappointed in the Maryland Courts

Postby Amie » Sat Apr 28, 2012 7:33 am


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Re: I am disappointed in the Maryland Courts

Postby BabyReba » Sat Apr 28, 2012 7:54 am

Some shelters freezing pit bull adoptions ... great. So Dogsbite saw that the Soleskys failed to get BSL passed in Bmore County and instead managed to find a way to just make sure as many pit bulls in the state are killed as possible.

Some intrepid reporter -- if there is one out there -- should probably look to see whether Dogsbite helped pay for the legal fees for this case. And whether the Soleskys' lawyer was someone selected with Dogsbites' help.

This is way more dangerous than BSL because it's far more difficult and expensive to change a court ruling that changes a state's common law than it is to lobby for legislative change. And I'm pretty sure legislation can't change this, despite people who are encouraging others to write their legislators. The usual tactics are not going to do it. I think it's gotta go to court, and if so, it's going to take a lot of time and a lot of money.

EDITED TO ADD, DUE TO INNACURACY: The state legislature CAN enact legislation that could change this ruling. I have learned a lot since this ruling was first announced, and one thing I learned is that this is not beyond legislative action. So, by all means, do write your legislators!

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Re: I am disappointed in the Maryland Courts

Postby WGPKlaus » Sat Apr 28, 2012 10:25 am

Yet another reason for me to dislike this state because of the politics here. Following in the footsteps of places like Ca, I assume they'll be banning footballs, frisbees, baseballs from beaches and parks soon! This just reinforces my decision to leave this sorry excuse for a state and move to a more friendly, not just in terms of BSL, but as far as business and quality of living goes.

I'm batting a thousand, being a native Californian, and I guess it's a matter of time before all like minded (politically speaking, the "feel good") states, including California try similar legislative backdoors.

I'm truly ashamed at what this state has become, it's disgusting!


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