At a Glance
- Court
- U.S. District Court for the District of Maryland
- Case Type
- Civil Lawsuit Filed
- Parties
- Venero v. Prince George's County, Maryland
- Jurisdiction
- Prince George's County, Maryland
- Date
- 2022-07
- Status
- Pending
A proposed class-action lawsuit filed in federal court is challenging Prince George's County, Maryland's long-standing ban on pit bulls, arguing that the ordinance is unconstitutionally vague, overreaching, and discriminatorily enforced. The Washington Post reported the legal challenge on Sept. 1, 2022, drawing fresh attention to a county law that has been on the books since 1997 [1].
The suit, filed in U.S. District Court in Greenbelt, Maryland, claims the ban violates the due process rights of dog owners under the U.S. Constitution, and accuses Prince George's County of designating dogs as pit bulls based on physical appearance rather than verified genetic makeup [1][2]. The complaint asks a federal judge to block enforcement of the ban, citing Fourth Amendment protections against unlawful seizures and Fourteenth Amendment due process guarantees [2].
The lead plaintiffs, Denise Venero and her family, became the center of the dispute after her two dogs, Mimi and Bella, escaped from her fenced yard in July 2022, got into a fight with a neighbor's dog, and were subsequently targeted for seizure by county animal services officials on the grounds that they qualified as prohibited pit bulls [1][2]. The dogs are registered as emotional support animals in court documents [2]. The lawsuit also argues the ban violates the federal Fair Housing Act, because the dogs had been certified as emotional support animals by a medical professional [1][2].
The complaint contends that Prince George's County has not offered preliminary hearings to owners whose dogs are seized, and that the county applies subjective, appearance-based criteria to determine whether a dog is a pit bull [2]. County law defines prohibited pit bulls to include Staffordshire Terriers, American Pit Bull Terriers, American Staffordshire Terriers, and any dog that "exhibits the characteristics of a pit bull more than any other breed of dog," a standard the plaintiffs say invites arbitrary enforcement [1][2]. Venero offered DNA evidence to demonstrate her dogs were not within the banned breeds, but says county officials told her the county does not use DNA to make that determination [1].
U.S. District Judge George B. Hazel agreed to pause proceedings on a motion to enjoin enforcement of the ban after both sides indicated they might be able to reach a settlement within a couple of months, according to Richard B. Rosenthal, the New York-based attorney representing the family [2]. The complaint also challenges the ordinance as unconstitutionally overbroad, not scientifically grounded, and in violation of the Fair Housing Act by effectively forcing residents to choose between remaining in the county and keeping their dogs [1][3]. The ban took effect in 1997, after the county passed the underlying legislation in late 1996 [3].
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References
[1] The Washington Post. (2022, September 01). Lawsuit takes on pit bull ban in Prince George's County. https://www.washingtonpost.com/dc-md-va/2022/09/01/pitbull-ban-lawsuit-prince-georges/
[2] The Daily Record. (2022, August 29). Dog owners challenge Prince George's pit bull ban in federal court. https://thedailyrecord.com/2022/08/29/dog-owners-challenge-prince-georges-pit-bull-ban-in-federal-court/
[3] Bowie CLAW. (2022, September 01). End the dog breed-specific law (BSL) aka "Pit Bull Ban." https://bowieclaw.org/endpgbsl/