There were two challenges during the court hearings held on July 31, 2009. Two dogs, Baby Girl and Dixie, were confiscated under Miami-Dade County's pit bull ban. Animal Services claimed both dogs substantially conformed as pit bulls and were to leave the county because of the Breed Specific Legislation ordinance.

In Ordinance No. 89-22, the county bans all dogs that "substantially conform" to American Kennel Club standards for American Staffordshire Terriers and Staffordshire Bull Terriers or United Kennel Club standards for American Pit Bull Terriers.

Animal Services uses a checklist of characteristics to determine if a dog substantially conforms in appearance or breed to a pit bull type dog. The first case involved Carlos McLiberty and his dog, Baby Girl. The results of the MARS blood DNA test performed by Dr. Ryan Llera were presented. Dr. Llera also evaluated the dog. He said the dog was neither an American Pit Bull Terrier, Staffordshire Terrier nor a Staffordshire Bull Terrier (all three breeds are banned in Miami-Dade county).

The results from Baby Girl's DNA test revealed bulldog, Whippet, Irish Terrier and Bull Terrier. Nowhere in her genetic makeup were any of the three banned breeds.

Despite this, the magistrate decided the dog was a pit bull within the meaning of the ordinance.

In the second case, Jomar Valdes challenged that his dog, Dixie, conformed to the checklist used by Animal Services to determine if a dog substantially conforms in appearance to one of the banned breeds.

Dahlia Canes, founder and director of the Miami Coalition Against Breed Specific Legislation (MCABSL), illustrated through her testimony the many occasions in which Animal Services initially claimed a dog conformed to the checklist but when questioned, would re-evaluate the dog and then determine the dog did not conform or meet the requirements to establish it was a pit bull type dog.

One dog, originally deemed a pit bull by Miami-Dade Animal Services, was later re-evaluated and labeled a Mastiff. Another dog was re-evaluated and determined to be a Labrador/Boxer mix, and other so-called pit bull type dogs were even determined to be of Weimaraner and Great Dane mix.

Canes said all of these dogs were evaluated as two month old puppies, when the ordinance clearly states that any dog must be over four months old before they can be evaluated and categorized within a breed.

Had Canes and other rescuers not challenged the original findings, these dogs would have been euthanized simply because they were thought to be pit bulls.

Attorney Rima Bardawil, representing both McLiberty and Valdes, said it was critical that the Animal Services Investigator who issued the citation to Valdes, said the dog must meet 70% of the checklist to "substantially conform" and pertain to one of the three banned breeds.

Dixie's checklist indicated that the investigator thought there were 11 conforming characteristics and 4 that were not. But in the end, her math was wrong.

Bardawil explained, "She stated in her summary that the dogs ears stood up erect and 'Did Not Conform.' However, her checklist stated that the dog's (Dixie's) ears ‘Did Conform.’ That was a clear contradiction with her typed summary and that one had to come into our column of 'Does not Conform' versus the column that it was in."

There were two other mistakes. Bardawil said, "One was on the front leg category, where she stated the legs 'did conform' on her checklist, yet in her detailed photo blow up she stated 'did not conform.' Finally, there was the back legs category, which she admitted she mislabeled the part of the legs she tagged, and therefore at least half of the rear legs did not conform. Therefore, based on the 70% standard that too had to go into the 'Does Not Conform' column. With all this, the 11-4 changed to 8-7. Basic math alone will reveal that this is nowhere near 70%; in fact it is just a little over 53%. ....The [hearing officer]...had ...no choice but to free the dog."

Click here to view the live video footage aired on WPLG, Channel 10 News.

View the video and story of MCABSL's first court hearing victory, here.

Related Article: Two Decades of BSL Has Produced No Positive Results by: Karen Delise

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