This chapter focuses on Toledo v. Tellings, an Ohio case dealing with breed-specific legislation that restricted a Toledo resident to owning one “vicious” dog, defined purely by breed as a pit bull. This case implicated numerous constitutional issues, including vagueness, procedural due process, equal protection, substantive due process, takings, and privileges and immunities. Although the Ohio Sixth Appellate District struck down the breed-specific legislation, the Ohio Supreme Court reversed, and I find this reversal at odds with the constitutional issues at play.
GW Paper Series
GWU Legal Studies Research Paper No. 2013-72; GWU Law School Public Law Research Paper No. 2013-72
Joan E. Schaffner, The Constitutionality of Breed Discriminatory Legislation: A Summary, in A LAWYER'S GUIDE TO DANGEROUS DOG ISSUES 25 (Joan Schaffner ed., 2009).