The Identification Problem: Why BSL Fails
Among the many problems associated with breed specific legislation and its enforcement against pit bulls are the issues associated with identification. “Pit bull” is not a breed, but rather a generic term used to describe the American Pit Bull Terrier, American Staffordshire Terrier and Staffordshire Bull Terrier. However, the physical traits and characteristics shared by “pit bulls” are also shared by approximately twenty-five (25) other breeds that are not typically classified as bully breed dogs. Obviously, this causes great difficulty in identification and allows for discriminatory and subjective actions by animal control officers.
Find the Pit Bull
Find the Pit Bull is an excellent tool to demonstrate the difficulty of identifying a purebred American Pit Bull Terrier.
The Subjective Nature of Breed Identification
A former Ohio dog warden, Tom Skeldon, who was called as an “expert” on behalf of the City of Toledo in the matter of Toledo v. Tellings testified that there is really no way to tell if a dog is or is not a pit bull, and the determination is made by animal control officers’ subjective judgment.
This testimony from an “expert” who was testifying in favor of BSL highlights one of the fundamental flaws in breed-specific legislation: the subjective nature of visual breed identification. When even those tasked with enforcing the laws admit that identification is largely subjective, it raises serious questions about the fairness and constitutionality of such laws.
[Breed bans] carry with them too much potential for arbitrary or improper enforcement: inaccurate breed identification by officials and difficulty enforcing breed bans against mixed-breed.
Visual Identification: Unreliable and Problematic
Studies have shown that visual breed identification, even by animal professionals, is highly unreliable:
- A study in the Journal of Veterinary Behavior found that shelter workers frequently misidentified dog breeds based on visual appearance
- DNA testing often reveals that dogs visually identified as “pit bulls” have little or no genetic link to the breeds commonly classified as pit bulls
- Many mixed-breed dogs can display physical characteristics associated with pit bulls without being genetically related to those breeds
- Different animal control officers may classify the same dog differently, leading to inconsistent enforcement
This unreliability in breed identification means that BSL creates a legal framework where dogs and their owners are subjected to restrictions or penalties based on subjective, often incorrect assessments.
Breeds Commonly Misidentified as Pit Bulls
The following breeds often share physical characteristics with dogs commonly called “pit bulls” and are frequently misidentified:
- Boxer
- American Bulldog
- Olde English Bulldogge
- Presa Canario
- Cane Corso
- Dogo Argentino
- Bull Terrier
- Bullmastiff
- Dogue de Bordeaux
- Alapaha Blue Blood Bulldog
- Ambullneo Mastiff
- Boerboel
- Labrador Retriever mixes
- Plott Hound
- Rhodesian Ridgeback
- Mixed-breed dogs
Legal Problems with Subjective Identification
[W]e conclude that the subjective identification of pit bulls may often include both non-pit bulls or dogs which are not vicious…[laws] based upon that identification process, we conclude that they are unconstitutionally vague.
Courts have recognized the constitutional problems with laws that rely on subjective visual identification. When laws are too vague for citizens to understand what is prohibited or for officials to enforce consistently, they can violate due process guarantees.
The problems with breed identification highlight several legal issues with BSL:
- Due Process Concerns: Citizens cannot clearly know if their dog falls under the law
- Equal Protection Issues: Similar dogs may be treated differently based on subjective assessments
- Arbitrary Enforcement: Laws can be enforced inconsistently from case to case
- Overinclusiveness: Many dogs that are not actually pit bulls are caught in these laws
- Underinclusiveness: Genuinely dangerous dogs of non-targeted breeds are ignored
A Better Approach
Instead of targeting breeds based on subjective visual characteristics, a more effective approach to public safety focuses on:
- Behavior-based laws that address all dangerous dogs regardless of breed
- Strong enforcement of existing leash laws and animal control regulations
- Owner accountability for a dog’s behavior
- Education about responsible dog ownership
- Proper socialization and training for all dogs
By focusing on individual dog behavior and owner responsibility rather than breed stereotypes, communities can create more effective public safety measures that don’t punish responsible owners or harmless dogs based on subjective visual traits.