Virginia Regulatory Town Hall
Agency
Department of Agriculture and Consumer Services
 
Board
Department of Agriculture and Consumer Services
 
chapter
Regulations Pertaining to the Establishment of the Dangerous Dog Registry [2 VAC 5 ‑ 620]
Chapter is Exempt from Article 2 of the Administrative Process Act
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5/15/20  7:11 pm
Commenter: Bonny Thomas Lee

Dangerous Dog Registry
 

Removal or change to the dangerous dog registry would serve only to further reduce Virginia citizens’ already limited recourse when they or their domestic pets are injured or killed in a dog attack. 

Virginia is one of only 4 states that allow for "contributory negligence" when people are harmed, e.g. parents you should have paid attention when Ring Dog Rescue posted that Leeloo must be “only dog,” or “no little humans with their sticky jelly fingers” and certainly “no kitties.”  These euphemisms abound as shelter directors, afraid of losing their jobs or enduring harassment, struggle to place the large Molosser type dogs that appear to make up around 70% of canines in shelters in the US.  Moreover, Virginia has the dubious distinction of joining the dwindling number of states that do not have strict liability for dog bites - -14 states, to be exact. 

The horrific death of a 90-year-old Virginia Beach woman killed by an adopted Pit Bull who had been cycled thru several states, several times returned, and a violent history concealed, did result in a must-tell provision requiring disclosure of biting history. But then the president of the Virginia Federation of Humane Societies grudgingly did not oppose, but said “such incidences are rare.”  

Well, 15 studies since 2011 from Level One Trauma Centers in every geographic area of the US say quite differently.  The alarm has been raised in the medical community as to the disturbing increase in devastating injuries and morbidity from dog attacks.  Being dispassionate trauma surgeons and unconcerned about being considered a “canine racist,” these studies are quite breed-specific and urge caution to parents considering adoption of the family pet. (References available). 

Yet even in the face of these numerous studies and over 530 Americans dead since 2005, we see relentless promotion of high-risk dogs as just getting a "bad rap.”  How many Virginians realize that if hurt by a dog, the animal control officer or warden determines the extent of your injuries as to whether or not to ask for a hearing; not you, not your physician.  As they are increasingly stripped of police authority in many Virginia municipalities, it is unfair to expect Animal Control to determine crush injuries from a dislocation or research whether or not you spent weeks in the hospital or developed sepsis.  How many Virginians realize that if a dog harms you or kills your pet and you are fortunate enough to get a hearing, that dog may be transferred to another owner, and the appeals are endless, and at the very most the charges are mere misdemeanors. 

In fact, our General Assembly passed legislation this year that allows for the offending dog to be adjudicated no longer dangerous if the owner complies with certain conditions. Respectfully, ladies and gentlemen, I would suggest that while a "time out" for children may be appropriate, it is ludicrous to apply it to dogs. 

Recent proposals that failed include changing jurisdictions in these hearings or transferring dangerous dogs to other states that do not border Virginia, embarrassing!  Equally concerning is that legislation by Delegate Willett to give a "fair shake" to human victims was withdrawn as it was not supported by the Attorney General’s animal law division.  Even more confounding to victims was a meeting in Henrico designed to give citizens time to tell their stories and ask for change in Virginia law. While the effort by VAAS & VACA was appreciated, it was distressing that the attorney general’s office sent a founding and supporting member of a molosser rescue and unabashed admirer of Pit Bull type dogs as the office’s representative.  

Please do not deprive citizens in Virginia of the ability to know where NOT to walk their dog or NOT have their children play. Increasingly policy in Virginia is driven by well-funded organizations that have as their agenda "save them all,” and are devoid of any legal (or apparently moral) obligation to humankind. Please do not remove the dangerous dog registry.

CommentID: 80145