- November 24, 2013 at 5:14 pm #958
Rick Cognyl FournierKeymaster1p
Owner of pitbull service dog sues Miami-Dade County
A Miami resident and his wife files suit on Tuesday against Miami-Dade County, alleging the County has unlawfully ordered removal of his pitbull from the County.
Lucky is a pitbull and he is Felix Conde’s service dog. Since 1989 Miami has enforced an ordinance which prohibits ownership of pitbull dogs within the jurisdiction.
The ordinance makes no exception for dogs which are genuine service animals under the Americans with Disabilities Act.
Earlier this year Miami-Dade ordered Mr Conde to remove Lucky from the jurisdiction, which he did, and subsequently assessed more than $10,000 in penalties against Mr. Conde.
Mr Conde and his wife have filed the lawsuit in federal court in Miami, asking for a declaration that the Miami-Date County ordinance violates federal law, namely the Americans with Disabilities Act, and that the County has violated the plaintiffs’ civil rights by removing Lucky from them and assessing penalties.
There is simply no way a breed-specific ownership ban can survive under federal law, so as to be enforced against a disabled person and their service dog. Other courts have reached the same conclusion. But during the prior proceedings the County just refused to listen”, said the Plaintiff’s attorney, Andy Dogali of Tampa.
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