Last week Delaware Governor John Carney signed a bill that prohibits cities in the state from enacting breed specific legislation
. The law, introduced by Representative Charles Potter and State Senator David Sokola, stipulates that state regulations protecting the public from dangerous dogs cannot define criminal liability based solely on breed specific criteria. Determining whether a dog is dangerous or not will be based on the individual's behavior, not by breed. This means that cities and other municipalities can't enact any breed-specific ordinances or regulations. Animal control teams and shelters also won't be allowed to discriminate against certain breeds for the purposes of facilitating adoption.
"The passage of HB 13 is a resounding victory for dogs and dog lovers, not only in Delaware but across the country, as the momentum against breed discriminatory legislation continues to build," said Best Friends Animal Society legislative attorney Lee Greenwood. "The simple truth is that breed discrimination doesn't work and the safest laws focus on the behavior of the dog and the dog owner."
Other states with similar legislation include New York, Massachusetts, Connecticut, and Arizona. These laws prevent local governments from creating breed-specific legislation, but doesn't mean that bully breeds are welcomed everywhere in these states.
For instance, as Sassafras Lowrey wrote last week, the New York City Housing Authority (NYCHA), which manages the nations oldest and largest public housing program, has had a breed specific ban for their low income apartments since 2009. New York State Assemblyman and Pit Bull adopter, Ken Zebrowski, is spearheading legislation that would make this illegal, preventing landlords in public housing from discriminating against specific breeds.
Nevertheless, Delaware's new law is a huge step in the right direction!