I am disappointed in the Maryland Courts

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

Postby snikles » Wed May 09, 2012 3:22 pm

Does anybody know what groups filed amicus briefs in this case?

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BabyReba
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Re: I am disappointed in the Maryland Courts

Postby BabyReba » Wed May 09, 2012 4:25 pm

dogsbite did and made quite a production about the fact that they did so. pit bulletin legal news says the ASPCA filed one as well. those are the only ones i've heard about.

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Re: I am disappointed in the Maryland Courts

Postby bmore_girl » Wed May 09, 2012 5:53 pm

Amie wrote:A friend just told me she'd been told all pit bulls and pit bull mixes had been PTS in Howard County shelters. I'm looking for verification (or, more preferable, valid denial) of this... anyone?


i read today that this was a rumor from a fairly reliable source.

QA county has stopped adopting them out, not sure what they are doing with them, though.

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Re: I am disappointed in the Maryland Courts

Postby Amie » Wed May 09, 2012 7:08 pm

bmore_girl wrote:
Amie wrote:A friend just told me she'd been told all pit bulls and pit bull mixes had been PTS in Howard County shelters. I'm looking for verification (or, more preferable, valid denial) of this... anyone?


i read today that this was a rumor from a fairly reliable source.

QA county has stopped adopting them out, not sure what they are doing with them, though.


Just got back here to reply to myself. Nope, it's not true yet, but then it's not out of the realm of possibility.

The fact of the matter is every shelter has a limit to how much they can take in, and most (if not all) have already seen an increase in surrenders (or attempted surrenders) as well as a decrease in adoptions. There are only so many things that can happen once the shelters are full, and since pit bulls were tough to find other homes for BEFORE this ruling....

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Re: I am disappointed in the Maryland Courts

Postby heather » Mon May 14, 2012 3:18 pm

crosspost from bless the bullys:

Maryland Delegates Michael Smigiel and Heather Mizeur have drafted a bill to eliminate the presumption of dangerous dogs in Maryland. The draft bill can be found on Delegate Smigiel's blog: http://delegatemike.com/?p=3060
Delegates Smigiel and Mizeur are asking that we contact the Speaker of the House, Michael Busch, and ask that their bill be sent to committee for a public hearing and allowed to come to the floor for a vote:
Speaker of the House
Michael Busch
(410) 841-3800
(301) 858-3800
1-800-492-7122 , ext. 3800 (toll free)
Fax: (410) 841-3880 or (301) 858-3880
E-mail: michael.busch@house.state.md.us
Please also show your support and thank Delegates Michael Smigiel and Heather Mizeur for their work and efforts to overturn the Court's ruling and helping to ensure that dogs are not judged dangerous by their breed or their appearance:
Heather.Mizeur@house.state.md.us
Michael.Smigiel@house.state.md.us
Shore's GOP legislators ready with special session agendas
Posted: Sunday, May 13, 2012 1:00 am
By CHRIS KNAUSS Staff Writer
* * *
Hershey and Del. Michael Smigiel, R-36-Cecil, both say the legislature should act to override a recent court ruling that pit bulls are inherently dangerous dogs.
"Most animal groups and owners argue that you can not have breed specific definitions regarding propensity for being declared inherently dangerous," said Smigiel.
"The question is whether an irresponsible human teaches the dog, any breed, Doberman, Rottweiler, pit bull, German Sheppard, to be aggressive. Maryland law has specific criteria for determining what a dangerous dog is and the court just changed that law.
"Also, as a result of the ruling, landlords are going to be responsible for allowing people to rent property with these dogs. … You also have the problem of determining whether a dog is 51 percent or 5 percent pit bull, what mix of dogs? The court created a mess that many are having to deal with and it is just serendipity that the special session allows us the opportunity to fix this situation before it is too late."
Del. Jacobs, R-36-Kent, said he has heard that only the revenue bills will be up for debate during the special session.
"It's only the unfinished pieces" from the 2013 budget, he said, "nothing from the legislature." Anyone could file a bill, but it would most likely be sent to committee and sit there, he said.
Hershey echoed Jacob's comments.
http://www.stardem.com/a/article_c2853a ... 6f391.html

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Re: I am disappointed in the Maryland Courts

Postby GuardianAMBULL » Mon May 14, 2012 4:50 pm

is anyone going to the protest tomorrow?

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Re: I am disappointed in the Maryland Courts

Postby snikles » Mon May 14, 2012 10:34 pm

GuardianAMBULL wrote:is anyone going to the protest tomorrow?


I have to be in court, so it depends on what time I get out of there. But my girlfriend and some people from her office will be there.

Also, Delegates Herb McMillan and Jon Cardin have bills to limit the CoA ruling in the works and are attempting to get them heard during the special session.

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Re: I am disappointed in the Maryland Courts

Postby bmore_girl » Tue May 15, 2012 6:21 am

GuardianAMBULL wrote:is anyone going to the protest tomorrow?


unfortunately, no. i am "emergency" personnel so i cannot take "personal" days.

we really need support on this poll, though. bottom left of page.

http://www.baltimoresun.com/

should the special session address the pit bull ruling? we are losing!!!! HELP.

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Re: I am disappointed in the Maryland Courts

Postby gooeydog » Tue May 15, 2012 10:03 am

MD Dog Federation email alert:

If you haven't made your calls, here's your call list for today! And if you missed any of these before, give them a shout. Tell them you want SB1307, HB1804, HB1807, HB1808 to go to the floor for a vote. If you've already made your calls, great! Forward this on!

1. Thomas V. Mike Miller, Jr., Senate President (410) 841-3700, (301) 858-3700

2. Michael E. Busch, House Speaker (410) 841-3800, (301) 858-3800
e-mail: michael.busch@house.state.md.us

House Rules Committee:
3. Hattie N. Harrison, Chair (410) 841-3486, (301) 858-3486
3a. Rudolph C. Cane, Vice-Chair (410) 841-3427, (301) 858-3427

Senate Rules Committee:
4. Katherine A. Klausmeier, Chair (410) 841-3620, (301) 858-3620
4a. Brian E. Frosh, Vice-Chair (410) 841-3124, (301) 858-3124

5. Find your representatives:
http://mdelect.net/


Once you find your legislators, use the links below to find the additional members of your county's delegation:


Baltimore City: http://www.msa.md.gov/msa/mdmanual/07le ... obcit.html
Baltimore County: http://www.msa.md.gov/msa/mdmanual/07le ... cobco.html
Montgomery Co: http://www.msa.md.gov/msa/mdmanual/07le ... acomo.html
Prince George's Co: http://www.msa.md.gov/msa/mdmanual/07le ... acopg.html
Howard Co: http://www.msa.md.gov/msa/mdmanual/07le ... cohow.html
Harford Co: http://www.msa.md.gov/msa/mdmanual/07le ... acoha.html
Frederick Co: http://www.msa.md.gov/msa/mdmanual/07le ... acofr.html
Calvert Co: http://www.msa.md.gov/msa/mdmanual/07le ... cocal.html
Charles Co: http://www.msa.md.gov/msa/mdmanual/07le ... acoch.html
Carroll Co: http://www.msa.md.gov/msa/mdmanual/07le ... ocarr.html
Caroline Co: http://www.msa.md.gov/msa/mdmanual/07le ... ocaro.html
Anne Arundel Co: http://www.msa.md.gov/msa/mdmanual/07le ... acoan.html
Cecil Co:http://www.msa.md.gov/msa/mdmanual/07leg/html/gacoce.html
Allegany Co: http://www.msa.md.gov/msa/mdmanual/07le ... acoal.html
Dorcester Co: http://www.msa.md.gov/msa/mdmanual/07le ... acodo.html
Queen Anne Co: http://www.msa.md.gov/msa/mdmanual/07le ... acoqa.html
Kent Co: http://www.msa.md.gov/msa/mdmanual/07le ... acoke.html
Garrett Co: http://www.msa.md.gov/msa/mdmanual/07le ... acoga.html
Washington Co: http://www.msa.md.gov/msa/mdmanual/07le ... acowa.html
Wicomico Co: http://www.msa.md.gov/msa/mdmanual/07le ... acowi.html
Worcester Co: http://www.msa.md.gov/msa/mdmanual/07le ... acowo.html
St. Mary's Co: http://www.msa.md.gov/msa/mdmanual/07le ... acosm.html
Somerset Co: http://www.msa.md.gov/msa/mdmanual/07le ... acoso.html
Talbot Co: http://www.msa.md.gov/msa/mdmanual/07le ... acota.html

For more details about the Strict Liability Decision in the Solesky case, go to the Maryland Animal Law Center Web site.



Events are very fluid at this time, things are happening fast and there are many organizations and individuals working toward a singular goal!



We will keep everyone posted via MDF website, facebook and Twitter

www.marylanddogfederation.com

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Re: I am disappointed in the Maryland Courts

Postby GuardianAMBULL » Tue May 15, 2012 2:15 pm

I can't believe I have not seen anything on the news/online yet about the turnout today. I wish I was there!

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Re: I am disappointed in the Maryland Courts

Postby snikles » Thu May 17, 2012 12:52 pm

The bills were not heard at this session, but there will be another special session this summer and it looks like it may get heard then. Here is an article about it and the article also has some pictures from the rally on Tuesday.

http://www.capitalgazette.com/news/gove ... be259.html

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Re: I am disappointed in the Maryland Courts

Postby Amie » Sun May 20, 2012 1:11 pm

snikles wrote:The bills were not heard at this session, but there will be another special session this summer and it looks like it may get heard then. Here is an article about it and the article also has some pictures from the rally on Tuesday.

http://www.capitalgazette.com/news/gove ... be259.html


Thanks for posting that - I see a few familiar faces there in that photo, even though I was here at work (doing special training so that our pit bulls won't suffer behavioral issues if they have to stay here a little longer than usual).

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Re: I am disappointed in the Maryland Courts

Postby heather » Sun May 20, 2012 8:47 pm

crosspost from blessthebullys

Maryland residents, please continue to contact your legislators. There is a strong possibility this issue could be heard at a special session this summer. If that happens, a panel of experts will be assembled, and the facts and statistics regarding the flaws and failures of BSL will be brought to light, thus illustrating the monumental need to overturn the Maryland Court of Appeals' ruling.





Legislature Fails To Deal With Pit Bull Issue

Annapolis, MD - 5/17/2012
Printer friendly
By Dick Myers

An effort to legislatively overturn a recent Maryland Court of Appeals decision labeling pit bulls as dangerous failed in the special session just ended. Bills were introduced in both the Senate and House of Delegates but they never made it out of committee. But the issue may not be dead, according to a report by the Baltimore Sun.
There is a possibility of a second special session this summer. And Senate President Thomas V. “Mike” Miller (D: Calvert) is holding out the possibility of the issue being raised if that session is convened, reportedly to deal with gambling issues.
According to the newspaper, Miller has asked the Judicial Proceedings Committee to hear the issue this summer. Sen. Lisa Gladden, vice-chair of the committee, said the panel would hear from experts in the field but not the general public
Pit bull supporters rallied Tuesday in Annapolis to attempt to get the legislators’ attention. A spokesperson for the governor’s office said supporters have inundated the governor’s office and that the governor had heard the concerns. The governor has said he would call a special session for late summer if both houses agree on a consensus on gambling issues.
The Court of Appeals decision in Tracey v. Solesky forged new law by calling pit bull and other bully breeds as inherently dangerous and thus not subject to the “one bite” exemption before an owner was held liable. It also extended the liability to landlords. “This is without a doubt breed specific discrimination,” Sen. J.B. Jennings (R: Baltimore, Cecil) is reported to have said.
Kathy McCullough, president of Southern Maryland animal welfare organization Second Hope Rescue, said of the court ruling, “Of the 300 rescue dogs (more than 50 percent put bulls) that have come through our organization, the only dogs that have NEVER bit have been the pits.”
The Humane Society of the United States, the nation’s largest humane organization, has taken an active role in overcoming the decision. Betsy McFarland, vice president of The Humane Society of the United States’ companion animals department, issued the following statement:
“In addition to our general concerns about the issues with breed-specific public policies, we believe that the court overstepped its authority. The decision acknowledged it was ‘modifying the Maryland common law of liability.’ A seismic shift in Maryland law of this nature should be undertaken by the legislature, not judges. The legislature should conduct appropriate fact-finding and hearings, consider the available science, and make a measured, non-emotional decision on this important policy issue.
We encourage advocates to call their state legislators to respectfully voice their concerns, and urge them to work with advocates on legislation in the next session that provides rational, science-based dangerous dog policies for the state.
The Humane Society of the United States’ companion animals department is in communication with shelters and rescues, and will be looking for ways to support them as they consider the ramifications of this decision.”
For more information about breed-specific legislation, read The HSUS's statement on Dangerous Dog Policies and Breed Specific Legislation.
Facts:
· Renters who currently own a pit bull or pit bull mix should contact attorneys licensed in Maryland with any questions or concerns regarding their specific situations.
· In general, a landlord cannot change a lease to ban pit bulls before the lease term expires. A lease is a contract, and under Maryland law the landlord may not change the terms of the lease without your consent for the remainder of the lease term. If your lease has an automatic renewal clause, the landlord must notify you of a rent increase or any other change with enough notice for you to decide whether you want to renew or not. If your lease does not automatically renew, you should be sure to thoroughly read the new lease you will sign for any prohibition against dogs that may constitute a pit bull.
· Options for renters with pit bulls will likely begin to be more difficult to find. For tips for finding pet friendly rental properties, go here: http://www.humanesociety.org/animals/re ... ments.html
· In general, if a tenant breaches the terms of a lease agreement, a landlord may evict him or her. However, the landlord must go to court and obtain an eviction judgment first. Also, state law requires the landlord to first give the tenant one month's advance notice that he is ending the lease and the reason why. However, if the breach of lease involves tenant behavior that constitutes a danger to other people or property, the landlord must only give 14 days advance notice. Therefore, if a tenant with a pit bull or pit bull mix has a lease that is about to expire, he or she should review the new lease for any changes, as there may be a short time frame in which to make moving arrangements.
· If a tenant does not have a written lease or does not know whether it’s in effect, he or she should be aware that a landlord is required to use a written lease if the tenancy is going to be for a year or longer, or if the landlord owns five or more rental units in the State. If a lease is to last more than a year, it must be written to be enforceable. If you have an oral agreement your landlord must still give proper written notice before any changes to the terms of an oral lease

http://www.thebaynet.com/news/index.cfm ... d/05172012


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Re: I am disappointed in the Maryland Courts

Postby Nickdawg » Thu May 24, 2012 5:03 pm

didn't read this yet but certainly provides the bkgd of case

Tracey v. Solesky
No. 53, September Term 2012, Opinion by Cathell, J.
STRICT LIABILITY ADOPTED IN RESPECT TO ATTACKS ON HUMANS BY
PIT BULL DOGS AND CROSS-BRED PIT BULL DOGS. Filed: April 26, 2012

http://mdcourts.gov/opinions/coa/2012/53a11.pdf

breakdown on the decision by tough love pit bull rescue http://toughlovepbr.blogspot.ca/2012/05 ... lesky.html


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