
When the town of Aurelia, Iowa, told disabled retired cop Jim Sak his service dog, pit bull Snickers, had to leave town or be killed due to a local breed ban, they probably didn't expect it to end up in court. Or, when it did, to lose.
But that's just what happened today, when a federal judge in in Sioux City ordered the city to let Snickers get back on the job immediately. From
KTIV:
n federal court this morning, a judge granted a pre-liminary injunction, meaning Sak will get his dog back temporarily, until a permanent injunction is put in place.
Right now, the dog is in foster care in Iowa City.
Sak and his wife had moved to Aurelia to care for his ailing mother-in-law, unaware that the municipality had a pit bull breed ban on its books. However, local law cannot trump federal law, and the Americans with Disabilities Act is supposed to prevent disabled people from losing their assistants, no matter the breed.
That didn't stop Aurelia from threatening to kill Snickers, however. The
Chicago SunTimes reported at the time:
On orders from the Aurelia City Council, a heartbroken Sak has shipped his beloved protector off to a kennel just outside of the Iowa town where he moved last month to be closer to his ailing, 87-year-old mother-in-law. If he hadn’t gotten rid of Snickers, city fathers had threatened to seize and destroy the dog.
The mandate sets the stage for a landmark lawsuit on grounds that the federal Americans for Disabilities Act (ADA) guarantees people with disabilities the right to have service dogs, regardless of their breed.
“I can’t believe they didn’t even try to talk to us. They just said, ‘No. You’re not having him. He’s outlawed in this town,’ “ Sak said Tuesday.
The Animal Farm Foundation stepped in to help care for Snickers until the matter was resolved, although the change was tough on both Sak and Snickers. From
KTIV:
Jim's best friend now sits in a kennel outside of town suffering from anxiety.
"He's got hives on his underside, his hair is just falling out," said Jim.
[....]
"Until we get clearance from our attorneys' that it's ok to bring him back, he's going to reside in Iowa City," said Leifer.
"I feel we were railroaded and I've been told not to say bad things, but I truly feel like we were railroaded," said Leifer.
"It's going to hurt. I'm not even going to lie about that. I am going to feel really bad that he's not here. He belongs here with me. He's supposed to help me," said Sak.
We attempted to talk to Aurelia city officials and they declined to comment.
Now that Snickers is on his way back to Jim, thanks to an injunction, eyes are turning to the city of Denver, Colo., which has made similar threats to kill service dogs who violate their infamous, draconic pit bull ban. This precedent might change that.
Kathy Daily, RVT - #1 - 2011-12-28 16:02 - (Reply)
First, BSL's are not needed. Most cities have very good dog laws, and simply need to enforce them. Specific breed laws are simply out of ignorance and stupidity(and yes, my city has one).
Second...this dog is a service dog. If the gentleman had an elephant as a service animal, our laws require that elephant be accepted. This city should be slapped with a HUGE lawsuit.
Cudos to the judge who allowed the service animal back with his owner.
Gloria Chapa - #1.1 - 2011-12-28 16:38 - (Reply)
How a dog behaves has nothing to do with his breed. I worked with groomers and vets and I got more bites or attempted bites by cocker spaniels and other small dogs, yet people still get them as family pets. It has all to do with how one raises them, not what type they are.
J Christie Evans - #1.1.1 - 2011-12-28 16:55 - (Reply)
Gloria I agree with you. I have been bitten by two of my own dogs trying to break them apart when they started fighting with each other, a 15 lb. mix and my cocker too!! The ignorance of the public has escalated to the ridiculous!! I have a Rottie, my second they too have a ban in some areas. Both of them were the best dogs I have ever owned, but then I learned about them, socialized them and most of all I just plain loved them. I have around my neighbor hood alot of Pitties, the are so beautiful, loving and just a plain all around great dog. But, not everyone should won one or even a Rottie! They are special, smart and need alot of attention. I feel there should be a special liscense you need to own certain breeds. You see if a little dog acts up or even bites you, that's ok, not a big deal, but if a Pit Bull or Rottie does, yes it is a big deal. Both acts of any type of breed of dog is unacceptable, but we have people who have these breeds for all the wrong reasons. Cudos to the Judge and those folks who actually have a brain and willing to see the whole picture!!
Cindy Steinle - #1.1.1.1 - 2011-12-29 00:58 - (Reply)
Quite honestly, I do have to disagree with the special permits for certain breeds. That in of itself is also breed profiling and breed specific legislation, What we pit bull owners want is to have our dogs be looked at just like dogs. This was a service dog, helping a disabled person. This dog was taken from it's duties.
Terry - #1.2 - 2011-12-28 18:06 - (Reply)
Actually, as of March 15, 2011, ONLY Dogs are permitted public access as Service Dogs,, and under the right conditions, SOMe mini-horses (less than 36 inches tall) I live in a city with BSL, which, of course, is not enforced, because there is no money to enforce it.Best to look at the dog's behavior, not the outline of its profile.
Nike - #2 - 2011-12-28 19:44 - (Reply)
Glad the judge didn't take much time to make a ruling and hopefully the permanent injunction or better yet a change in the city ordinances will be updated. I also hope that Sak will be awarded damages for atleast the cost of the kennelling snickers and Snickers will recover quickly.. if he recovers and they haven't destroyed his ability to continue working as a service dog.
Reid - #3 - 2011-12-28 21:57 - (Reply)
When are people going to grow up and see that its not the breeds fault but the owners fault !!! When people raise their kids and they get in trouble we don't go and ban a type of kid and try to kill them off !! So why would you discriminate against a very loving breed of dog ?! I've owned some of the most "vicsous" breeds of dogs growing up and the one breed that gave me a problem was a abused rescued beagle that I tried to revive . I grew up with dobermans and pure bred wolves and have had two pit bulls and never once felt threatened!!! I wish law makers would get their heads out of the lawyer's backside and stop worrying about the breed and more about the criminal abuse of the breed !! Once they kill off the pit bulls the criminal dog fighters and abusive owners will move to the next breed !! USE YOUR EXPENSIVE DEGREES AND YOUR BRAINS AND PUNISH THE CRIMINALS AND NOT THE ANIMALS !!!!
Lisa Faulkner - #4 - 2012-01-01 08:34 - (Reply)
I think I am not the only one that wants to know where to contribute to the legal fees for Sak and Snickers.
Is there a bank account I can make a deposit to?
Please contact me at my email address.
Lisa Faulkner