My Pet World: Pit bull ban sends service dog packing

“I didn’t know there was a pit bull ban (here),” says Jim Sak, who moved from Chicago to Aurelia, Iowa, in November.

Only days after they had moved to town, a meter reader reported Sak and his wife, Peggy Leifer, to city officials because, to him, their dog resembled a pit bull. The same meter reader had been bitten by a pit bull several years before, prompting a local ban on the breed.

Never mind that Sak and Leifer’s dog had done nothing wrong, and by all accounts is very friendly and well trained. Snickers happens to be a service dog.

“The ADA (American for Disabilities Act) guidelines are very clear on this issue,” says Rebecca Huss, a law professor at Valparaiso University and an expert on service dog-related issues. “The breed or mix is irrelevant when it comes to service dogs. The ADA isn’t about dogs; it’s about giving people with disabilities access and enhancing independence.”

Sak, 64, is a Vietnam War vet and retired after 32 years as a Chicago police officer. He and Peggy moved to Aurelia to care for her ailing 87-year-old mother.

In 2008, Jim suffered a stroke, and soon thereafter had brain surgery. Sometimes one of Jim’s legs begins to shake, and 85-pound Snickers will push him up against a wall so he doesn’t fall. If Jim does fall, he’s able to right himself by grasping onto Snickers.

“I have a very hard time getting Jim back to his feet, but he and Snickers have it worked out,” Peggy says. Certified as a therapy dog, it’s difficult to argue that Snickers doesn’t assist Sak.

However, despite the federal ADA law, the ambiguity about Snicker’s lineage, and the fact that the Snickers is not aggressive in any way, two City Council meetings were held to determine the dog’s future. Also, a petition was circulated supporting banning Snickers from Aurelia (pop. 1,100), which was signed by 38 residents.

George Wittgraf, an attorney representing Aurelia, said he’d stand by comments he made about the controversy to a Chicago newspaper reporter. Aurelia, Wittgraf claims, is “simply exercising its authority to protect and preserve the rights and property of its residents — whether or not that’s trumped by” federal law.

“Ugh, no,” says Huss. “You can’t have local actions or laws which are contradictory to federal law.”

Regardless, by a 3-to-2 vote, the Aurelia City Council determined that Snickers would have to leave town. One of those votes came from Cindy Nelson. Reached by phone, Nelson said “no comment” and hung up.

Snickers spent several days in a kennel just outside town, and is now in foster care.

“Snickers gives Jim a feeling of independence, but the relationship is so much more,” says Peggy. “Here’s this tough ex-cop — and I’m here to tell you, Jim is tough. This dog makes Jimmy happy in a way I can’t even explain. Snickers is like an anti-depressant drug. When we explained that Snickers is a service dog, we were told to just get another (service dog).” Of course, Snickers isn’t like an old chair that can just be replaced.

Breed bans (almost always banning pit bulls or dogs that resemble pit bulls) have been passed in cities and counties across the country. A wave of such bans began to wane around the time Michael Vick was convicted of dog fighting. In fact, it was Huss who was given responsibility by a court in 2007 for recommending what would be done with Vick’s dogs following his conviction.

One lesson from the Vick story is that the dogs are merely victims of deplorable human behavior.

“A type of look doesn’t make a dog dangerous,” says Huss. “But there’s a greater legal issue at stake.”

To that end, Sak and Leifer have sued Aurelia for damages and costs associated with their ordeal (which the Animal Farm Foundation is currently paying). “I’m not a litigious person,” says Leifer. “But we hope our case will prevent this from ever happening again.”

In fairness, most residents of Aurelia appear sympathetic, not to mention people from around the world who’ve sent emails of support to Sak and Leifer since their story hit the Internet. In fact, several people who signed the local petition seeking to force Snickers out of town have since apologized, saying the petition never indicated Snickers was a service dog.

The stress has taken a toll on all involved. Snickers, who’s being well cared for, has broken out into hives and a rash, likely stress-related. He’s under veterinary care.

“When I came back from Vietnam in ‘68, people called me names and jeered at me,” Sak recalls. “I feel like it’s happening all over again. What did I do? What did Snickers do to do deserve this? I want my friend back.” Sak pauses, clears his throat and adds, “I’ve never felt so lost.”

STEVE DALE welcomes questions/comments from readers. Send email to [email protected].