"C. The Human Behaviors Identified by the Ban Debate
A closer look at the factors cited in arguments for and against breed bans shows how greatly human behavior affects canine behavior. [FN140] Since humans began domesticating dogs, they have selected the physical and behavioral traits that they have desired in their canine companions. *1298 [FN141] In this manner, different dog breeds have emerged. [FN142] Whether through proper training and supervision, or through abuse and misuse, dog owners determine the manner in which their dogs behave. [FN143] Unfortunately, dogs often fall into the hands of cruel and irresponsible owners who abuse them in hopes of making them tough or mean. [FN144] Even well-intentioned owners may fail to properly socialize their dogs or make them part of the family. [FN145] The way irresponsible or even abusive dog owners treat their pets raises concerns of both animal welfare and public safety. [FN146]

1. Abuse and Irresponsibility: The Pit Bull's People Problem


Karen Delise, author of Fatal Dog Attacks, has stated, “For the past 20 years, Pit Bulls have been subjected to cruelty, abuse and mistreatment to a degree and on a scale that no other breed in recent history has ever had to endure.” [FN147] The current popularity of the pit bull with criminals and other irresponsible owners has resulted in the creation of a number of unsound dogs. [FN148] The pit bull's once-revered characteristics of loyalty and tenacity have been manipulated by those looking for a dog to ruthlessly defend their homes [FN149] or make them rich by fighting to the death in dogfighting matches. [FN150] In the process of making their dogs vicious, these owners abuse their dogs in unthinkable ways. [FN151] This inhumane treatment can indeed make a pit bull (or any *1299 other breed of dog) aggressive and dangerous, thereby driving the pit bull's negative media image and fueling support for pit bull bans. [FN152]

a. Dogfighting and Other Misuse


The most abhorrent owners are those who abuse their pets in hopes of turning them into fighting dogs. [FN153] These owners show little regard for the well-being of their pets, and their inhumane treatment can indeed produce dogs with dangerous dispositions. [FN154] Unfortunately, due to extensive media exposure and the current popularity of the pit bull among those who are looking for a fierce dog, the pit bull suffers more unthinkable abuse and mistreatment than any other breed."

b. Irresponsible Breeding


Even a dog's genetics and heredity are largely controlled by human behavior. [FN212] Humans mold breeds of dogs by selecting the different behaviors and physical traits they desire. [FN213] Humans continue to control the behavior and physical traits of their dogs in this way. [FN214] Irresponsible breeding can create unhealthy, unstable, and dangerous dogs. [FN215] This problem is closely related to the problem of dogfighting, *1305 as those who breed aggressive dogs usually do so to supply the dogfighting industry. [FN216]

Some supporters of bans argue that the nature of pit bulls makes them more akin to wild animals than household pets. If people are not allowed to keep tigers or bears as pets, the argument goes, they should not be able to keep pit bulls either. [FN217] But pit bulls are not, in fact, wild animals; dog breeds have been manipulated by humans. [FN218] When a dog displays a particular behavioral trait, it is because man, intentionally or not, has bred the dog in a way that encourages that trait to continue. [FN219] Thus, if a dog displays aggression, one must look to the human behavior that has enabled that aggression to exist. Simply eliminating a single breed will not prevent those who want an aggressive dog from developing this trait in another breed.


Man's desire for aggressive, “macho” dogs has indeed created some pit bulls with unstable temperaments. [FN220] As the dogfighting industry continues to flourish, irresponsible breeders continue to breed bigger, stronger, and more aggressive dogs to supply the cruel sport. [FN221] In the past, pit bulls were bred to be exceedingly friendly. [FN222] Today, aggression and other similar characteristics are highly coveted by certain owners, and dogs are therefore bred for these traits. [FN223] These irresponsible breeding practices threaten public safety and the future of the pit bull by encouraging unstable temperaments and eliminating sound ones. [FN224]

Irresponsible breeding also contributes to the pet overpopulation crisis. Unchecked breeding has landed countless pit bulls in local animal shelters. [FN225] For example, 40% of dogs in Los Angeles shelters and 33% of dogs in San Francisco shelters are pit bulls. [FN226] Most of *1306 them are euthanized. [FN227] In fact, an estimated three million pit bulls are euthanized across the country every year. [FN228] Moreover, many pit bulls are abandoned on streets and in alleyways if they fail to display the requisite will to fight. [FN229] In 1999, over four thousand injured and abandoned pit bulls were found on the streets of Philadelphia alone. [FN230]