Published: October 29, 2009 12:33 pm      

Dogfight brews in Midwest City as breed law is enforced

Midwest City resident Carol Stuckey is determined to fight for her bull terriers despite the city of Midwest City’s efforts to ban the animals from the city limits.

“We’re not going to get rid of our dogs,” she said. “They’re like family. They’re good dogs.”

Although she received favor in a previous lawsuit taken out against the city, Midwest City filed an appeal against the ruling on May 1. On June 10, the case was assigned to the Oklahoma court of civil appeals.

Enforcing Midwest City ordinance Article 4, Section 8-171, the city officials confronted Carol and Jerry Stuckey in December of 2007 about their ownership of bull terriers. According to the ordinance, bull terriers, Staffordshire Bull Terriers, American Pit Bull Terrier and American Staffordshire Terrier breeds constitute the definition of a pit bull.

Referencing Oklahoma statute Title 4, section 46 about not being able to practice breed specific banning, the Stuckey’s took the city of Midwest City to court.

The court ruled in favor of the Stuckeys. The city appealed the decision.

“Really, probably the key thing about this case is that it’s not about dogs,” said Katherine Bolles, city attorney for Midwest City. She said the city is most interested in having the courts define the powers of a home-rule charter city, which Midwest City is.

A home-rule charter city is one which has adopted a charter that allows them to rule over local issues. As far as state concerns, state laws and statutes still trump home rule municipalities. Bolles said, however, that the safety of citizens against dogs is a municipal concern.

“If a home rule charter can’t regulate animals in a city, what can it regulate?” she asked. This is the question she wants to take to the court.

Bolles said the city adopted the ordinance more than 20 years ago because they felt it was important to protect citizens. She said all dogs banned in Midwest City share certain characteristics.

“The problem is, when a pit bull bites, they bite to kill,” she said, noting that the dogs often seek out smaller prey such as children.

Bolles pointed out that it’s not necessarily the frequency of bites inflicted by pit bulls and other breeds, but the ferociousness of the bites that worries city officials.

Currently, the city is working on filing briefs. Midwest City has hired an attorney in Edmond that specializes in home-rule charters and municipal law. The $200 an hour fee for the attorney comes out of a fund set aside to address lawsuits.

“It’s very significant for all municipalities in the state,” said Bolles.

On the other side of the case is the Stuckey family, who, according to Carol, are tired of fighting the courts in order to keep their pets.

“It’s costing us a fortune,” she said. Carol also said that she doesn’t understand why the city is continuing to fight the case when a judge has already ruled and a state statute is in place to overrule the city’s ordinance.

“It’s concerning to me to think that an ordinance can overrule a state statute,” she said.

She said she and her husband feel victimized, especially since they haven’t had any safety issues with their pets. They even tried asking the city to remove bull terriers from the ordinance. Carol thinks the city should create an ordinance not just banning specific dog breeds, but creating consequences for individual vicious dogs, regardless of breed.

More than anything, though, Stuckey said she is ready for the case to be over and for her dogs to no longer be the subject of scrutiny.