Dias v. Denver

Pit Bull Owners Can Sue Denver For
Constitutional Relief Over Breed-Based Dog Ban
May 27, 2009

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Lawyers

  • Steven S. Rosenthal, for the Dog Owners
  • Michael Joyce, for the City of Denver
  • Animal Bite Lawyers

    Related Links:
  • Animal and Dog Bites: Your Legal Rights
  • U.S. Supreme Court: Dog License Is Constitutional

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    The Tenth Circuit Federal Court of Appeals ruled that pit bull owners properly alleged that Denver's pit bull ban "is not rationally related to a legitimate government interest," allowing them to pursue their claim that the city violated plaintiff dog owners’ substantive due process rights.

    The dog owners’ claims for prospective relief to stop Denver from enforcing the breed-specific ban in the future were rejected only because the plaintiffs moved out of Denver with their dogs, "and none has alleged an intent to return."

    The court also rejected, however, the owners’ legal challenge that "the ordinance was void for vagueness and amounted to an unconstitutional taking."

    You can read the federal appeals court decision below:

    FindLaw Denver Pit Bull Court Opinion
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