Judge: Euthanizing dogs that bite people unconstitutional

Judge Andrew Owens has declared a Florida law that mandates dogs that cause severe injury to people be euthanized as unconstitutional, meaning the dog Padi will not be euthanized.

Padi, a 4-year-old male Labrador mix, bit a child's ear June 4 when the child and his babysitter were visiting the Pet Clinic, 714 60th St. Court E., Bradenton, which is owned by Paul Gartenberg, who also owns Padi. All parties generally agree that Padi had gone into a corner of the office to get away from the child and the child followed. Accounts differ on whether the child lunged at Padi or if Padi lunged at the child first.

Because the injury was considered severe and required stitches and reconstructive surgery, Florida statute mandated that Padi be euthanized without regard for the circumstances of the event. The case went to court, and in a decision finished Monday, Owens declared the law unconstitutional because it does not fulfill the intent of the statute and it is "arbitrary and unduly oppressive."

"(The statute) results in an unconstitutional delegation of discretion in animal control authorities insofar as the statute provides animal control authorities no guided authority to select the severity of consequences for a dog's actions."

Further, Owens wrote that the Legislature that enacted the law wrote that it had an interest in protecting people from "unprovoked attacks." Under the dangerous dog law, owners of dogs that are going to be declared dangerous have an opportunity to contest that by showing that the dog was acting in defense of itself or a human. But dogs that have not been declared dangerous who cause a severe injury with one bite, such as Padi, have no right to contest euthanasia based on the same grounds under current law.

"The Court finds it illogical and inconsistent that an owner of a dog facing a dangerous dog investigation and classification under (the dangerous dog law) may assert certain defenses such as provocation, defense of a family member or person from an unjustified attack, but an owner of a dog subjected to the provisions of (the severe dog bite statute) enjoys no such defenses, notwithstanding the statute's constitutional validity, to prevent that statutory mandated execution of their dog," Owens wrote.

Robert Eschenfelder, chief assistant county attorney, directed Robert Smith, the county's public safety director, who oversees animal services, on Thursday to close the Padi case.

"Please instruct the Animal Services staff to no longer enforce the statute, and to close any pending case files in which the statute has been cited as having been violated," Eschenfelder said in an email.

An aide at Gartenberg's clinic said though he couldn't talk at the moment, he was "ecstatic" and "very happy" with the news.

Rep. Greg Steube, R-Sarasota, sponsored legislation following the Padi case to change the severe dog bite law. Under the bill's language, dogs that cause severe injuries will have a hearing where they can discuss the circumstances of the bite, and in cases of provocation or defense of humans the dog would not be euthanized. It has received unanimous support from two committees so far.

This story was originally published December 17, 2015 at 3:49 PM with the headline "Judge: Euthanizing dogs that bite people unconstitutional."