breed discrimination · Dog Safety

The Facts

Dear Mayor Degeeter, members of Parma City Council, Clerk of Council Ramser, Director of Public Safety Weinreich and Law Director Dobeck;

As of Monday, three council meetings are in the books for our initiative to repeal Parma’s 30+ year “pit bull” ban. Six full weeks since the official start of this cause; who knows how many more we’ll have to attend until the law gets replaced with a strengthened ordinance that actually does the job it’s supposed to do – protect the citizens from potentially dangerous dogs and reckless dog owners, including those labeled “pit bull”. One thing is for certain, it will in due time, but it’s going to take many, many more weeks before it does. We’re prepared to do that. We just haven’t done a good enough job thus far articulating why you should care enough to make this a priority. Or, at very least, instill enough doubt about the effectiveness of your current dangerous dog ordinance. It’ll happen eventually. I’m confident that a common sense approach will prevail with a little persistence.

After the first council meeting we attended as a group, I decided I would write an email to all of you after each meeting. The first in this series was to be completely transparent, and briefly outline the steps of our plans. Basically, to give you the playbook, so you aren’t caught off guard. That’s incredibly fair to me. It was firm, but professional. We are going to conduct this effort with professionalism, and make sure we’re respectful in our interactions with all of you. That’s a promise. If someone in our group isn’t being respectful, please notify me and we will correct it. This can be an extremely personal and emotional issue for many of us – on all sides of the debate, really. The biggest challenge is effective communication, which works both ways.

I take pride in the committed group of dog-lovers we have. We are normal everyday people, that could be your neighbor, family member, or friend. That’s the goal, I think, to be able to discuss these important things like this as friends. When you respect someone – like you would a friend, you’re more willing to sit down and listen to legitimate concerns, even if you may have a set stance or opinion. To add, the duty of an elected public official is to remain unbiased and neutral, and when information is presented that may contradict current laws, ears and eyes should be open to this new(er) science and data. To be a critical thinker in solving these social issues.

So, I’d like to begin by reiterating, we do want to work with you. We would much rather our interactions be memorable ones for all the right reasons. We are sincere. We don’t want anyone to be harmed by dogs. We just want all dogs and their owners judged fairly, as individuals. We have the intellect, dedication and resources to modernize and strengthen your existing dangerous and vicious dog ordinance to make it more inclusive, and when enforced properly, has the ability to identify potentially dangerous dogs who pose a threat before they have an opportunity to escalate in their behavior.

The second email sent in this series was about my personal story – “The Why” I am personally invested in seeing this through. I typically don’t discuss my personal life when interacting with public officials who I am trying to enlighten, but I did think it was necessary at this early stage. So you understand the deeper meaning of why this matters to so many people out there, who have well behaved family dogs of all different looks and personalities. I started an organization last year called WOOFobia, after I began to feel more like myself again. The organization’s mission is to celebrate and secure the human-canine bond, using the arts to deliver a powerful statement. The concept began when I realized how crucial my dogs were in my own survival. The physical, mental and emotional benefits we get by sharing our lives with dogs.

After that second meeting, I was incredibly touched by the unexpected kind gesture of Councilman Casselberry, who caught up and pulled me aside in the parking lot to tell me he was glad I didn’t go through with the plans I detailed in that email where I contemplated suicide during an extremely rough period where I battled with severe depression and anxiety of few years ago. I told him, this is why this subject is important to me – and, when residents of your city asked for help because we were able to be effective in other communities, I had to give what I can. So many others feel the same way as me. The human-canine bond is that crucial of a relationship. The fact is, if not for my dog Preston, I wouldn’t be here today being a thorn in your side. We learned that evening that Councilman Casselberry recently lost a couple family members in a short period of time, and I feel we had a good human moment in that parking lot – even if he and I may not currently see eye to eye in this discussion, we were able to empathize with each other. One human connecting with another.

Three nights ago, at the third council meeting we attended (Monday, Oct. 15), I received back my first lengthy public records request, which contained all communications regarding the ban from 2014 to present. In it, I was able to read the messages Mayor Degeeter and City Council has received from a few people who represent a national “dog bite victims group”. Now is the time to reiterate our statement again – we do not wish anybody (human or other animal) to be harmed by any dog, regardless of perceived type or breed. That’s the difference in our messaging – we want to encompass all dogs and single-out reckless dog owners, they only want to single-out some by generalized looks. Our number one objective is enhancing public safety with dogs. It’s sad, and somewhat disappointing, that time has to be spent advocating against these laws, when that time could be better spent actually implementing programs that do make a difference in the community – another goal of WOOFobia. As mentioned in the first email, whenever anybody is harmed by a dog, we fail as a society…and the most vulnerable victims are usually children and the elderly. This is not a “pit bull” (even used in the most vaguest sense) specific problem.

So, you’ve seen the same few sensationalized things from this group of people they always do. You’ve seen the gross photos of disfigured children. I can produce some, too, if it would help. Only thing is, I won’t include the “breed” or type, because of the irrelevance, and because we don’t feel throwing other reported types of dogs under the bus is productive in the name of public safety. You’d see the same similar outcomes, though. Yes, it is true the size of the dog will determine the potential damage that can be done. Comparing a Chihuahua bite to a medium-large sized dog (which “pit bull” dogs are often described as) bite is not at all an accurate comparison to even entertain. The reality is, the human species is incredibly fragile. The average human can be taken out by a medium-sized dog. But, it rarely happens. If it weren’t for fear (oftentimes, irrational fear), that side wouldn’t have a single case to influence you with. It worked much better in the 80’s, but has become increasingly unpopular as a method for a city to protect the public’s safety, because of all the overwhelming modern day science about this debate. These laws are being shot down and repealed at a much higher frequency than they are being implemented (proposed and passed). The current ones in this country are eventually all going to be replaced in favor of a common sense approach that incorporates all dogs based on actual behavior, so the focus isn’t on subjective physical traits of how some look. It’s just not that popular anymore.

Besides the use of those photos, the predictability continues with that group. They share a thousand news articles about “pit bull” attacks on people and pets. We did a request on the records of the breed identification training for your animal control officer. In the returned request were five pages pertaining to her training, including three separate certificates of course completion by the National Animal Control Association – an organization that is publicly against breed specific legislation. The other two pages are – the National Animal Control Association training guide cover and the chapter (Chapter 5) page in the guide dealing with “Identification of Dogs”. In this chapter, one of the contents is “The Challenges of Breed Identification”. I’ve asked for the additional pages to show what specifically was in this training, but so far from here, it looks like this request only further validates one our concerns in enforcement. So, if the NACA expresses cause for concern on focusing attention on breed or type because of the issues with visual identification, how accurate do you feel news reporting is based on public opinion determining breed? I discussed my own three dogs in a previous email, and how each looks different and each has their own individual personalities. This is true for all dogs. The two things all three had in common, was someone somewhere labeled them “pit bull” in the shelter system, and all three were subject of being killed simply because of it.

Another common thing I’ve seen is the amount of very old cases this group presents in an attempt to support their claims. A rebuttal of my original email one of these people had, was an Ohio Supreme Court case heard in 1990-91 (State v. Anderson), which occurred when Ohio had statewide BSL. Of course the law would be upheld as constitutional – the state declared “pit bull” dogs as inherently vicious and restricted ownership! The original statewide law was passed in mid 1987, and subsequently repealed 25 years later in the 129th General Assembly with the passage of Ohio HB14 in May 2012.

The same above reasoning holds true for the rest of the examples she gave:

  • State v. Robinson (1989) – Ohio had statewide BSL…
  • Singer v. Cincinnati (1990) – Not only did Ohio have statewide BSL, the city of Cincinnati took additional action – a ban. They repealed their ban in 2012.
  • State v. Smith (2008) – Still had statewide BSL…
  • Tarquinio v. Lakewood (2011) – Not only did Ohio still have statewide BSL, the city of Lakewood had a ban that was implemented in 2008, which was repealed earlier this year, as you know (2018).
  • Tellings v. Toledo (2008) – Not only did Ohio have statewide BSL, the city of Toledo had additional heavier restrictions. Their local law was repealed in 2010.

Since then, a new precedent has been created in the 5th Appellate Court of Appeals – Russ v. Reynoldburg (2017). When the state repealed its law declaring all “pit bull” dogs as vicious, this decision stated local municipalities are in conflict with the state law, thus are unconstitutional. What this means to you is, if Parma’s law should go to court, you will lose. I have cc’ed the attorney, Phil Calabrese, who represented this case, to this email in the event you may have any questions for him. He’s a very nice guy, and I’m sure he wouldn’t mind responding if there are inquiries.

I have watched all the coverage done by the local news since our efforts kicked off. Two of you were interviewed – Mayor Degeeter and Director of Public Safety Weinreich, repeating the same method we should take if we want to get this change done – a petition to take to the people of Parma. Now, you and I both know why you are recommending this method. For Parma – a suburb of 80,000 residents, a petition would require a ton of signatures of registered voters, and an awful lot of time going door to door. You also know how terribly wrong things can go going the petition route – verifying signatures and deceiving verbiage on the ballot once the petition is approved. Even supporters of this change can be confused by the wording. But, we are actively organizing the petition as we speak, ensuring we get the proper and official protocol down before we take to the streets, in an effort to show we are going to do everything asked, but we still feel the you should do the right thing before our efforts increase in the beginning of 2019. At the moment, we are only organizing at the City Council meetings, so our voices are heard. We have even bigger plans being staged for after the New Year.

There’s been a couple things stated in the news that have made me question. Mayor Degeeter has said of the 30+ year ban: “From our administration standpointm we think it’s working, it’s been in place since I was in high school.” In this same news article, the city also stated Parma has forced out seven “pit bull” dogs in 2016, and another nine in 2017 (no stats were given for 2018). How? How is this law working if you have 16 dogs labeled “pit bull” in two recent years kicked out of the city thirty years after the ban was implemented. You clearly have a ton of dogs already living fine in your city that could be targeted as “pit bulls”, and “asked” to leave simply because a neighbor may have complained. To any person with a little common sense, this is absurd to think the law is working this far into its implementation, don’t you think? Wouldn’t be a better use of all our time if animal control spent their time on calls of dogs that behaviorally pose a threat to the citizens?

How well do you think you know your constituents? If you believe that the majority of them would vote to keep the law in the place, I feel you don’t really know them at all. Sure, there are going to be some who buy into the fear-based propaganda, but, the general public knows a lot more than we used to about this topic. In this political state of the times, when more and more people are becoming aware and being active on social justice issues, I’d place a wager that the vast majority of your residents do not want this – especially once presented with the current accurate data.

I’d be remiss if I didn’t point out a couple other things I noticed in the records request so far. As I stated in the first email sent out, this law that spread like wildfire in the 1980’s began as a tool to use to legally harass lower income families and people of color. I gave a couple brief examples in that email. Parma has been scrutinized for questionable character in the past regarding race relations and classism. That chatter happens about your city. Statistically, it is not an inclusive and welcoming community, populated by 88% white. Now, I am not calling any of you a racist or classist, but there are residents who I would. One of those examples was in the records request, where a woman used these racist and classist undertones. I am not going to repeat what was said, but I am shocked, amazed and disgusted that in 2018 we have to explain inclusion is a good thing, and there is no place in this country for stereotyping and generalizing dogs or the human family members that share their home with them.

Last, it makes me sad that since the onset of this initiative I’ve observed some of you actively engaging in inviting people (some of whom are out-of-staters) to attend council meetings who share this short-sighted belief to combat our advocacy. Even in those earlier interactions, I feel most of you would have never given us an equal opportunity to present our case. Public officials – elected ones, especially, must remain open-minded and neutral. We are firm in our position, because we know there is literally no logical or rational reason for this law, short of fear and perceptions. We’ve been called out at least once, as being disrespectful and name-calling, which I don’t those accusations lightly, for the simple fact that they haven’t occurred. Perhaps this person was being defensive, but it’s not helpful, and frankly you have left us no choice but to be firm. If you have any input here, I would appreciate it. We know that the only way this is going to get done is if we have cooperation from the government, which means you, or the people we hope to help campaign for to get elected in the upcoming elections.

We want to be the people you go to for questions you cannot answer. We want to be the ones who provide the resources and solutions needed to make Parma a welcoming and inclusive place for everyone. Activism doesn’t end once a breed neutral law is implemented. It continues on. These are the facts. We hope each of you will consider sitting down face to face and discuss this further with us. We need to work together to solve this. My apologies, again, for another lengthy email….there is just to much to say at this stage. I will try my best to shorten them up in the future.

Sincerely,

Jeff Theman
WOOFobia, Executive Director

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