BSL article by Diane Blackman

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Conclusion:

Breed specific legislation is not a practicable approach to regulation of dogs. Breed specific regulations may alleviate the anxieties of those who are particularly concerned about the reputation of particular dog breeds. Breed specific regulation is very controversial and difficult to administer. It requires training of enforcement personnel in the identification of those breeds and in distinguishing those breeds from others. It might not be possible to enforce such ordinances against mixed breed dogs that had only some of the physical characteristics of the named breed. Breed specific regulation is usually intended to avoid specific types of behavior believed to predominate in the breed. Whether aggression or other behaviors are so predictable in certain breeds as to justify separate treatment of the breed is a hotly debated topic.

Available statistical evidence is poor and, therefore, readily subject to manipulation to support the desired point of view. Opponents of breed specific legislation will point out that such regulation fails to adequately address the problem (aggressive dogs). They are also likely to argue that it treats unfairly owners of the specified breeds when the individual animal does not exhibit the feared characteristics. Proponents are likely to present statistical or testimonial evidence and argue that it supports treating certain breeds according to group characteristics even if it excludes individual dogs not exhibiting the undesirable behavior.

A more direct approach is to regulate the behavior. This has the advantage of wider acceptance and clearer standards resulting in easier administration. Legislation focusing on inappropriate and prohibited dog behavior is readily supportable legally, and creates fewer evidentiary problems. It also more directly addresses the concerns intended to be addressed by breed specific legislation.

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