Loudoun shelter can euthanize pit bulls regardless of behavior, adoptability following judge's ruling

LEESBURG, Va. - Loudoun County Circuit Court Judge Burke McCahill's ruling that dogs in the county shelter can be euthanized simply because of breed is a tragedy according to an attorney and the national animal welfare organization Best Friends Animal Society, which testified in the case.

Attorneys Lynne Rhode, Anthony Troy and Mohsin Reza had filed a civil lawsuit on behalf of Ron Litz and Animal Rescue of Tidewater, challenging the county's policy that lead to an 84 percent euthanasia rate for shelter pit bulls, making it difficult, if not impossible, for those dogs to be adopted, regardless of the dog's nature.

"We regret the court has refused to apply the Commonwealth's prohibition against killing and denying ownership of dogs solely because of their breed," Rhode said. "The public policy of the Commonwealth of Virginia prohibits such discriminatory killing. Under the court's ruling, that prohibition can only be applied in very limited circumstances where a dog is brought before a court for the court's determination of its dangerousness. In any other circumstance the dog, regardless of whether it is dangerous or not, can be killed by a taxpayer-funded animal shelter solely because of how it looks."

Donating their time to pursue the case fueled the attorneys' belief that: "It is a tragedy to kill adoptable dogs out of ignorance, based solely on how that dog looks," Rhodes said. "Such discriminatory killing by taxpayer-funded shelters cannot be tolerated in the Commonwealth."

Sherry Woodard, animal behavior expert for Best Friends Animal Society, said the dogs' shelter behavior assessments demonstrated a clear pattern of bias against pit bulls. Pit bulls who did well on assessments were put down, while other breeds that did not do as well on the assessments were trained and put up for adoption.

"This discrimination against pit bulls is becoming a topic of discussion across the country," Woodard said. "There are golden retrievers who attack other dogs, labs who bite people, pit bulls that love children, dogs and cats. Every dog, every time, deserves to being evaluated as an individual."

On the judge's decision, Rhode added: "The practical result of this ruling is that any public shelter can kill any dog if that particular shelter's management doesn't like the dog's breed. In other words, the court has ruled that a pound can kill every single adoptable golden retriever or pit bull or poodle if it wants to, without restriction or recourse. The Attorney General has opined that such breed-based killing by county shelters is illegal under state law. The options going forward are either an appeal or looking for a legislative remedy to this tragic, unacceptable situation. First and foremost, the citizens of Loudoun and other place with similar policies must demand change from their elected officials."

Ed Fritz, manager for Best Friends' "Pit Bulls: Saving America's Dog" campaign, said: "It's a shame that so many dogs are destroyed based on fear and discrimination. It is important for shelter staff do some research before making decisions like this instead of basing decisions off of biased media reports and knee-jerk fear. What they will find is that their shelter kill rate will continue to be high; plus, they will find that their community will not be any more safe.

"Today's decision reinforces fear and does nothing to create a viable long-term solution for a safe, humane community. We've seen five of the dogs seized from Michael Vick's dog-fighting operation become therapy dogs when some experts claimed that they were dangerous, based on discrimination. These dogs are now helping the sick and infirm. Denver has had a discriminatory ban for years now and still reports mauling, and thousands of bite cases by a large variety of breeds and mixes."

Ledy VanKavage, Best Friends legislative analyst, says the Loudoun decision is out of step with trends across the country.

"This is a dark day for shelter dogs in our nation. Throughout the land cities and states are rejecting breed discriminatory laws and this decision embraces profiling. Virginia may be for lovers, but Loudon County isn't the place for dog lovers."

###CONTACTS:

Barbara Williamson (435) 689-0200 (cell) (or) barbara@bestfriends.org
John Polis (435) 644-2001, ext. 4858 or johnp@bestfriends.org

About Best Friends Animal Society:

Celebrating its 25th anniversary in 2009, Best Friends Animal Society advances animal welfare initiatives by working with shelter and rescue groups around the country with the mission of achieving No More Homeless Pets®. The society operates the nation's largest facility for abused, abandoned and special needs companion animals, Best Friends Animal Sanctuary, which is located in southwestern Utah. On any given day the sanctuary is home to approximately 1,700 dogs, cats, horses, rabbits, birds, and other animals. The society publishes Best Friends magazine, the nation?s largest general interest, pet-related magazine. For more information on Best Friends Animal Society, visit: www.bestfriends.org/.