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Dog fighting task force gets back on track

Dog expert to be added to panel

The legislative subcommittee of the Ohio Dog Fighting Task Force met on December 18, and chairman Sandy Rowland and member Barbara Servé took great pains to reassure dog owners that pit bulls are not in further jeopardy because of the task force operations.

"It's not the concern of this committee" to consider changes to the vicious dog law, Rowland said. "We're not touching the vicious dog law."

Servé added: "ODA (Ohio Department of Agriculture) has jurisdiction only over dog fighting, not vicious dog law."

Dog owners have been fearful of the state's intent since the first task force meeting in August when discussion centered on dogs identified as pit bulls, not on the crime of dog fighting. This meeting was attended by Melanie Tierney of Canine Friends of Cleveland and Polly Ward of the Ohio Association of Animal Owners.

Tierney sent out press releases following that meeting to urge dog owners to get involved. She redoubled her efforts after reviewing notes from the first legislative subcommittee meeting on September 17.(Note1) Those notes indicated that subcommittee members were satisfied that the dog fighting law is sufficient but that changes to the vicious dog law should be considered.

About 40 dog owners attended the second task force meeting on November 5. At that time, Rowland reported that her legislative subcommittee had discussed requiring mandatory proof-of-insurance cards, muzzling, and sterilization for all vicious dogs. She did not mention potential changes to the dog fighting law, leading dog owners to the conclusion that their pets and show dogs were in jeopardy of more restrictions.

At the end of the November 5 meeting, task force chairman Fred Dailey, director of the Ohio Department of Agriculture, announced that the panel would add a dog expert. Lieutenant Governor Maureen O'Hara, the task force co-chairman, asked dog owners to submit nominations for consideration. According to an ODA official, a dog expert has been chosen and the announcement will be made soon.

December 18

About 20 dog owners attended the legislative subcommittee meeting on December 18. After hearing assurances that they have nothing to fear from the committee's work, they heard Rowland and Servé discuss the following potential changes to the dog fighting law:

1. Forfeiture provisions that award cash and equipment from dog fighting to the state if prosecution is successful.
2. Rebuttable presumption of guilt in which a preponderance of evidence would be used to switch the burden of proof from the state to the accused.
3. Addition of an aggravated penalty, i.e., one which allows higher penalties for dog fighting under some circumstances.
4. The use of laws against criminal conspiracies such as the federal Racketeering Influenced Corrupt Organizations (RICO) law.

The women cited Michigan's dog fighting law (http://www.michiganlegislature.org/law/getObject.asp?objName=750-49) as an example of changes that could be made in Ohio.(Note2)

Servé said, however, that discussions with prosecutors are necessary before any recommendations are made by the subcommittee. Prosecutors have absolute discretion over whether and how to proceed with a case, she said, so unless they are interested in changes, there's no sense in making such recommendations.

Current law

The Ohio Department of Agriculture has the authority to investigate dog fighting under current law, but no authority to petition the courts for a search warrant or make arrests. Therefore, compiling evidence is time-consuming and difficult and requires working with local law enforcement agencies that may or may not consider dog fighting a crime worth pursuing.

In addition, most counties do not have facilities for housing dogs impounded in dog fighting cases. Some task force members have mentioned the possibility of establishing regional facilities used solely for this purpose.

Following a 10-minute public comment period, the meeting discussion wrapped up with brief mention of the potential for removing the authority for dog fight investigations from ODA, an announcement that the task force is unlikely to complete its work on the original end-of-year schedule, and assurance that a public hearing will take place prior to submission of task force recommendations to the governor and the legislature.

1. Ward and Tierney received notice on Friday, September 14, that the subcommittee would meet Monday, September 17. Tierney received a copy of notes dated September 17 from a committee member. However, a document circulated at the December 18 legislative subcommittee meeting as the notes from the September meeting was dated September 21.

2. Tierney also suggested that laws from North Carolina and New Jersey be included in the research.

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