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Animal Law Keyed to Wagman
American Dog Owners Association v. The City of Yakima
Citation:
113 Wash. 2d 213, 777 P.2d 1046 (1989)Facts
In January 1987, three separate pit bull attacks on Yakima citizens prompted the city to adopt Ordinance 3034 on July 28, 1987. The ordinance banned dogs known by owners to be pit bulls, specifically identifying four breeds: Bull Terrier, American Pit Bull Terrier, Staffordshire Bull Terrier, and American Staffordshire Terrier, as well as dogs “identifiable” as having any pit bull variety as an element of their breeding. The ordinance allowed owners of pit bulls licensed prior to enactment to keep their pets subject to certain rules and provided a process for judges to release apprehended dogs upon showing they were misidentified or would not return to the city. Plaintiffs David Carvo and Mark and Bonnie Johnson owned dogs potentially covered by the ordinance, while the American Dog Owners Association had members in Yakima with potentially affected dogs. The plaintiffs challenged the ordinance, arguing it was unconstitutionally vague because an ordinary person could not identify which dogs were prohibited.
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