SB861 was signed into law. The newer language and the preamble (which spells out the bill’s intent to lawmakers who wish to use it) greatly reduces the risk of insurance concerns. HOWEVER, this is still BSL (breed specific legislation), and it still opens targeted breeds up to the whims of general bias and discrimination. On the flipside, this is NOT a ban and can only mandate spay and neuter requirements and breeder restrictions. How this bill will be used - or abused - will vary by municipality.

Q: Since we know too many pit bulls are being born and destroyed, why is breed specific spay and neutering a bad thing?

A: We support the movement to encourage spay/neutering of non-show, non-working dogs to help curb our overpopulation problem, but targeting one breed demonizes that breed unnecessarily and creates a frenzy of misinformation and confusion. How?

1. Identification Problems: It's impossible to positively ID any dog as a pit bull unless that dog has papers. BAD RAP routinely runs into examples of dogs that we scratch our heads over. For many, we just aren’t sure how much (if any) have pit bull genetics. Because there is no DNA test that separates pit bulls from other breeds, cities will have to make their own definitions and be caught up in guessing games, public debate and lawsuits. Irresponsible owners will simply change the name of their dog’s breed (this is already happening) and keep on breeding their newly named dogs. The overpopulation of pit bulls will find a way to continue under BSL!

2. Breed Bias: (As if we didn't have enough of that!) By targeting any one breed, nervous landlords are less likely to rent to pit bull owning tenants. This trend started immediately when SB861 was introduced and scores of pit bulls have been evicted and surrendered to shelters to face certain death as a result. Great homes are losing great dogs when landlords freak out. Is this what Mayor Newsom intended?

3. Lawsuits! At a Animal Welfare Commission meeting in SF, Corey Evans of Evans & Page - a law firm that exclusively handles dog cases - pointed out that he sees at least 3 ways to legally challenge the city on breed specific ordinances but no way to do so for an all breed ordinance: Constitutionality, Vagueness and Civil Litigation for individual dogs that are mis-identified.

Q: What will work if not breed specific s/n mandates?

A: ALL BREED voluntary spay/neuter programs! There is a growing movement away from BSL and towards sensible spay/neuter ordinances that directly target our problems.

Why? By charging high license fees for dog owners who want to keep their dogs intact and by making free & low cost s/n resources available, cities encourage ALL dog owners to do the right thing for ALL breeds. No breeds are targeted as “the bad guys” - everyone is treated the same. Pit bull owners can't avoid the procedure by changing the name of their dog’s breed, everyone has to comply. Owners of guarding breeds aren't let off the hook: Newly popular breeds that have been selectively bred to be 'man stoppers' can be altered BEFORE they cause a problem and need to be added to the BSL hit list. Had San Francisco had an all breed ordinance earlier, Diane Whipple might have been safer from the presa canarios.

Q: Is SB861 a way for cities to make pit bulls go extinct?

NO! Cities will continue to allow pit bulls to be bred, but many will begin regulating that breeding so it's done responsibly. San Francisco, for example, has created guidelines so backyard breeding can be curbed and responsible breeding can be supported. What's frustrating is that cities can do this WITHOUT the need for breed specific measures.

We are indepted to everyone who has worked so hard to make sure the voices of responsible dog owners were heard on this issue. We're all tired from a long and trying time and recognize that we have more work ahead of us to ensure that this bill, if passed, does not adversely affect responsible dog owners and responsible kennels in CA.

ACTION:

Now is the time to get involved with your local city governments and Animal Control Shelters tp push for all breed voluntary ordinances instead of breed specific mandates. While overbreeding of pit bulls is a current reality, spay/neuter solutions that focus an ALL BREEDS is the fair and rational approach to our canine overpopulation problems.