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Is that Law Lawful? Feb. 17, 2015

Constitutionality

What makes a breed-discriminatory law unconstitutional?

February 17, 2015

Listen: use the player below | download this episode | listen at Blogtalkradio.com

Attorney Fred Kray, cohost Kris Diaz, and the rest of the PBLNR crew discuss how to determine if a breed-discriminatory ordinance is constitutional and relevent case law.

To examine a breed-discriminatory law for constitutionality you need to look at whether the law mandates restrictions or imposes a ban; if the law has a "rationale basis"; if the law provides due process; and the definition of "pit bull" (majority vs any element) in the law. We cover all of this, plus vagueness, equal protection, warrantless seizure, and having to become a criminal defendant to defend your dog.

In news and BDL updates, Pawtucket, RI, may appeal a court decision that ruled that the city was not exempt from a statewide ban on BDL. Plus municipalities in WI and OH revisit their breed bans.

Last, but never least, Yvette Van Veen lays out some key points to consider when looking for a new dog: age, gender, size differences, play styles, and issues with your existing dog(s).

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