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25 Animal L. 51 (2018-2019)
The Black Man's Dog: The Social Context of Breed Specific Legislation

handle is hein.journals/anim25 and id is 57 raw text is: THE BLACK MAN'S DOG: THE SOCIAL CONTEXT OF BREED SPECIFIC LEGISLATION By Ann Linder* Hundreds of communities throughout the United States have imposed breed-specific dog laws that prohibit 'pit bulls' in the name of public safety. This Article examines the relationship between pit bulls and people of color incorporating new research to argue that these laws may be rooted in racial bias. In such instances, breed-specific bans function as a means of keeping minorities out of majority-white neighborhoods. Finally, this Article sug- gests that if true ownership data mirrors the perceived ownership distribu- tion measured here, such laws may be susceptible to challenge under the Fair Housing Act if it can be shown that they disproportionately exclude minority residents. I. INTRODUCTION ......................................... 51 II. BREED-SPECIFIC LEGISLATION ........................ 52 III. HISTORICAL BACKGROUND ............................ 55 IV. DOG BITES OVER TIME ................................. 58 V. BREED-SPECIFIC LEGISLATION TODAY ................ 59 VI. PERCEPTIONS ABOUT OWNERSHIP ................. 59 VII. LEGAL CHALLENGES AND THE FAIR HOUSING ACT ... 64 VIII. CRIMINAL BACKGROUND CHECKS: AN ANALOGY ...... 70 IX. CONCLUSION ........................................... 72 I. INTRODUCTION Breed-specific bans have been implemented in over 1,000 commu- nities across America.' These laws prohibit citizens from owning cer- tain types of dogs, so-called 'banned breeds.' Most commonly, this legislation targets 'pit bull' terriers, reputed to be more physical and violent than other breeds. Individuals who own dogs of this kind where legislation is enacted must either surrender their animals or move to a * © Ann Linder 2018. Legislative Policy Fellow, Harvard Law School's Animal Law and Policy Program. J.D., Stanford Law School, 2017; M.S., Tuft's Center for Animals and Public Policy at the Cummings School of Veterinary Medicine, 2014. I am grateful to Dr. Rob MacCoun for his research expertise and direction. The views expressed in this article are solely my own. 1 Estimated U.S. Cities, Counties, States and Military Facilities with Breed-Specific Laws, DOGsBITE.ORG (Oct. 12, 2011), https://www.scribd.com/doc/56495216/Estimated- U-S-Cities-Counties-States-and-Military-Faciities-with-Breed-Specific-Pit-Bul-Laws [https://perma.cc/X5TK-AW7Y] (accessed Sept. 2, 2018).

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