Breed Discrimination

Breed discrimination demonizes a breed of dog irrespective of individual behavior, raises constitutional issues, and fails to increase public safety.

  • Despite the close bond humans have with their companion dogs, dog bites and bite-related injuries do occur. In response, cities across the country have enacted breed-specific ordinances which ban ownership of dog breeds deemed to be dangerous–regardless of the individual dog’s behavior or whether they have a bite history. Such ordinances often raise serious constitutional objections, demonize a breed of dog irrespective of individual behavior, and perhaps most importantly, fail to increase public safety.    

    Breed-specific ordinances fail to address the root cause of dog bites. Laws that ban or place restrictions on particular breeds without reference to the behavior of the individual dogs punish even responsible pet owners with entirely friendly and well-supervised dogs. Placing the onus where it belongs–on the pet owner–by enforcing laws designed to ensure proper supervision of dogs (i.e., anti-tethering laws, dog-licensing laws, leash laws, animal-fighting laws, and well-crafted breed-neutral dangerous-dog laws) improves public safety more than overly broad efforts to ban or discriminate against specific dog breeds without regard to the behavior or temperament of the individual dog. A 2014 article in Time Magazine, “The Problem with People, Not Pit Bulls,” addresses the reality that the pet owner can be a huge factor in the behavior and temperament of an animal.

    Jurisdictions that have enacted breed-specific laws have learned by experience that these laws do not make their communities safer. For instance, In the second year after enacting a breed-specific ban, Council Bluffs IA actually saw bite levels exceed the number of bites prior to the ban. Boxer and Labrador bites had increased–replacing pit bulls as top-biting dogs–with no increase in public safety for Council Bluffs citizens. A breed-specific ban gives a false sense of safety to a community when any dog or other animal can be dangerous. In another example, Denver County CO enacted a breed-specific ban in 1989. Even with this ban in place, Denver County, with a population twice that of Larimer County CO had over seven times as many dog bite-related hospitalizations as Larimer County. Breed-specific bans, which are extremely costly to enforce and stretch thin already scant dog control resources, have not resulted in fewer dog attacks and do not replace other methods of enforcement such as leash laws, which assure all dogs are under control. Communities that have invested in low-cost spay-neuter initiatives and that have passed and aggressively enforce anti-tethering, dog licensing, breed-neutral dangerous-dog, and leash laws have seen a reduction in dog attacks.   

    Breed Discrimination has led to the death of many dogs – irrespective of their individual behavior. Whether it is dogs that have had to be put done due to breed specific ordinances, or dogs that have been trafficked into dog-fighting, breed discrimination has led to the death of many dogs without any consideration of their individual behavior. Nationally, all dogs rescued from dog-fighting rings were automatically euthanized. When 47 dogs were rescued from the Michael Vick dog-fighting operation and allowed to live, the course of animal welfare was altered. The Michael Vick dogs were poignant reminders of their tragic beginning but also of the grace, patience, and unexpected enrichment of the lives of countless humans as these dogs were given a chance to live and thrive, as documented in a 2019 Washington Post article.

  • Local leash laws, as well as Ohio’s animal-fighting laws, are all powerful protections against dogs that are aggressive or merely creating a nuisance. In addition, the established association of dog aggression with chaining makes anti-tethering laws, as noted above, an extremely useful animal-control tool. Ohio law does not prohibit localities from enacting breed-neutral dangerous dog ordinances that protect due process and provide residents their constitutional right to a hearing. In fact, some localities have both created a successful deterrent and augmented their animal control budgets by enacting local breed-neutral, dangerous-dog, and other associated laws, and imposed steep fines for these offenses.  

    In addition to issues surrounding which breeds to regulate, breed-specific ordinances raise several legal issues. When a specific breed has been selected for stringent control, two constitutional questions concerning a dog owner’s Fourteenth Amendment rights have been raised. First, because all types of dogs may inflict injury, ordinances addressing only one breed of dog are under-inclusive and therefore violate owners’ equal protection rights. Second, because identification of a dog’s breed with the certainty necessary to impose sanctions on the dog’s owner is prohibitively difficult, such ordinances have been argued as unconstitutionally vague and, therefore, in violation of due process. A number of breed-specific bans have been successfully challenged in Ohio courts.

  • Community research shows breed-specific ordinances do not improve safety. Review research conducted by communities across this continent–Miami Dade County FL, Council Bluffs IA, Denver CO, and Winnipeg, Manitoba, Canada–that show breed-specific ordinances do not increase public safety.

    There is a call for breed-neutral ordinances to improve safety. Respected authorities acknowledge breed-neutral ordinances can improve public safety. As the Centers for Disease Control (CDC) states, “Breed specific legislation does not address the fact that a dog of any breed can become dangerous when bred or trained to be aggressive… Generic non-breed specific, dangerous dog laws can be enacted that place primary responsibility for a dog’s behavior on the owner, regardless of the breed.” The American Bar Association passed a resolution that urges all local legislative bodies and government agencies to adopt comprehensive breed-neutral ordinances including leash laws that ensure due process protections for owners, encourage responsible pet ownership, and focus on the behavior of both dog owners and dogs, and to repeal any breed-specific ordinances. The American Veterinary Medical Association (AVMA) has found that less than .05% of fatal dog-bite cases were caused by dogs on leashes, demonstrating the effectiveness of leash laws. The AVMA also found that since 1975, dogs belonging to more than 30 breeds have been responsible for fatal attacks on people, including Dachshunds, Yorkshire Terriers, and a Labrador Retriever–not just breeds such as pit bulls, Dobermans, etc., which people sometimes believe to be more “dangerous.”

  • There are many ways you can help combat breed discrimination and advocate for breed-neutral policies that focus on responsible pet ownership rather than restricting specific breeds. Here's how you can make a difference:

    Educate Others on the Flaws of Breed-Specific Legislation

    • Many people fear certain dog breeds due to negative stereotypes. Educating the public about the fact that breed is not an accurate predictor of aggression or dangerous behavior is a powerful tool. Most dog behavior is a result of training, socialization, and individual temperament, not breed.

    • Provide information on studies that show that dog behavior is not inherently tied to breed. Research consistently shows that responsible ownership is far more important than breed in determining dog behavior.

    • When you hear negative or discriminatory comments about specific breeds, politely correct misconceptions. Offer examples of how many dogs in those breeds are loving, gentle companions and advocate for seeing dogs as individuals, not stereotypes.

    Advocate for Breed-Neutral Legislation

    • Learn about model communities that have passed breed-neutral ordinances that enhance public safety and the humane treatment of animals. Ohioans can see which communities have breed-specific ordinances on the Animal Farm Foundation’s interactive BSL map.

    • Push for laws that focus on responsible pet ownership rather than targeting specific breeds. Advocate for laws that address the behavior of the dog and the responsibility of the owner instead of banning certain breeds outright. Many cities and countries are moving away from breed-specific laws in favor of behavior-based regulations.

    • Work with organizations that are already fighting for the repeal of breed-specific legislation and promoting breed-neutral laws. Groups like Ohio Animal Advocates advocate for policies that promote responsible pet ownership, education, and training, rather than breed bans.

    • Get involved in local politics and advocate for your city or county to repeal breed-specific laws or avoid implementing them. Contact local lawmakers, attend council meetings, and sign petitions to show that you support breed-neutral laws.

    Promote Positive Stories of Targeted Breeds

    • Share success stories: Many dogs from targeted breeds go on to become beloved pets, service animals, or therapy dogs. Highlight and share these stories through social media or local media outlets to show that dogs of any breed can be loving, gentle, and well-behaved.

    • Support breed-specific rescues. These organizations work hard to save dogs from shelters, foster them, and educate the public about the positive qualities of these breeds. If you're able, adopt or foster a dog from a breed that faces discrimination. This can be an impactful way to show others that the dog’s behavior is not defined by its breed but by its environment and care.

    Promote Responsible Pet Ownership

    • Advocate for proper training, socialization, and positive reinforcement to prevent any dog—regardless of breed—from developing behavioral issues. Well-behaved dogs are less likely to be considered dangerous, and education about positive dog training methods can help all dogs, especially those from misunderstood breeds.

    • Help people in your community with advice or financial support for training, especially for first-time dog owners or those who may be struggling financially. Many dogs are misunderstood or poorly trained, which can contribute to behavior problems.

    • Promote the importance of dog licensing, microchipping, and regular vaccinations as part of responsible ownership. These measures help ensure that dogs are identifiable and that their owners can be held accountable for their pets’ behavior.

    Challenge Breed Stereotypes in the Media

    • The media often plays a significant role in perpetuating breed discrimination by sensationalizing attacks or incidents involving specific breeds. If you notice misleading portrayals, whether in movies, news stories, or social media posts, challenge them by politely pointing out that dangerous behavior is due to specific circumstances and that many dogs of the same breed are not aggressive.

    • Share stories, videos, and photos of well-behaved dogs from targeted breeds. Use social media to post stories that highlight the positive attributes of misunderstood breeds to counteract negative portrayals.

    • If a media outlet reports on a dog bite or incident involving a specific breed, consider reaching out to the outlet to ask for more balanced, accurate reporting. Encourage them to include information on the importance of responsible ownership rather than focusing solely on the breed.

    Promote Breed-Neutral Dog Training and Socialization Programs

    • Advocate for and support programs that provide affordable dog training for families of all incomes, particularly those who may own breeds affected by discrimination. Many communities offer free or low-cost programs to help owners improve their dogs’ behavior.

    • Encourage dog owners, especially those with dogs of stigmatized breeds, to start socializing their dogs early. Well-socialized dogs of any breed are less likely to exhibit behavioral problems.

    • If you're a dog trainer or can connect with trainers, encourage them to offer breed-neutral services and advocate for training methods that focus on behavior rather than the breed itself. Help build a positive narrative around all breeds, emphasizing training as the key factor in responsible pet ownership.

    Support Adoption

    • Advocate for adopting from shelters and rescues, where dogs of all breeds (including those facing discrimination) are waiting for loving homes. Help potential dog owners understand the importance of adopting and avoiding unethical breeders.

    Breed discrimination is a deeply ingrained issue, but it’s one that can be addressed with education, advocacy, and compassion. By focusing on responsible pet ownership, highlighting the positive attributes of targeted breeds, and supporting breed-neutral legislation, you can help change the narrative around these often-misunderstood dogs. Every step you take—whether it’s educating a friend, supporting a rescue, or advocating for better laws—contributes to the movement against breed discrimination and for more inclusive, humane treatment of all dogs.

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