I am ashamed and chagrined to see that certain humans in Berkeley, California are trying to outlaw unneutered pit bulls:

The American Kennel Club is howling about a law some members of the Citizens Humane Commission are proposing that would mandate the spaying and neutering of most Berkeley pit bulls, a breed overrepresented in the city’s animal shelter.

The draft ordinance, which continues to be tweaked by the Citizens’ Humane Commission, proposes mandatory spaying and neutering of pit bulls, except when the animal is younger than eight weeks old, when it is a show dog and the owner has obtained a breeding permit, or when the animal has been in Berkeley fewer than 30 days. Violators would be guilty of a misdemeanor and fined $500 for the first infraction and, for the second offense, may be fined up to $1,000 and sentenced to six months in the county jail.

“Pit bulls and other breeds like Rotweilers have been bred to be aggressive,” said Councilmember Dona Spring, the council representative to the Humane Commission. “There are some very well-behaved, well-trained pit bulls, but there is an uncertainty about them,” Spring said, noting that if the breed were not overrepresented—if their reproduction were curtailed—then there would be fewer euthanized in the city shelter. (Dogs stay seven days in the shelter before they are killed or “rescued” by local non-profit organizations.)

“We don’t have a problem with too many poodles at the animal shelter,” Spring said.

The American Kennel Club, however, has called on its membership to flood the City Council and Humane Commission in opposition to the measure, which, they say, unfairly targets pit bulls.

“The American Kennel Club feels that measures that target any responsible dog owners is not fair,” said Lisa Peterson, AKC spokesperson. Laws should instead target irresponsible dog owners, “those who breed the dogs to be vicious,” she said.

AKC’s position is to target “the deed, not the breed,” Peterson said.

I don't think this has as much to do with breeding vicious animals as it does with breeding all animals. The pit bull is being targeted (as it was in San Francisco) because it is a minority breed with fewer defenders, often favored by outlaws who want a dog with a bad rep, so is perceived as the weak link in the chain. The goal of those who believe in the "animal rights" philosophy is that domestic animals should not be bred at all, but because this philosophy is a tough sell, it's packaged in easier-to-swallow pieces. Instead of attacking all dog breeders, "puppy mills" are condemned without being clearly defined. And we are told there is a "dog overpopulation crisis" even though animal adoption centers have such a shortage of puppies that they have actually had to import them.

Regarding the latter point, I have addressed the dog overpopulation issue repeatedly in this blog, because I think Americans are being lied to.

The goal is, simply, to neuter virtually all dogs, and outlaw dog breeding. In Los Angeles, they have done just that:

The Los Angeles County Board of Supervisors voted 4-0 to approve an ordinance yesterday that requires all dogs, except those that are law enforcement dogs, service dogs or that qualify as "competition" dogs to be spayed or neutered. The ordinance will go into effect June 3rd. For more details please read our previous alert on this issue or contact Los Angeles County Animal Care and Control at (562) 728-4882.

The Board of Supervisors has also sent a letter to the mayors in each of the 88 cities located within Los Angeles County encouraging them to adopt similar ordinances. Residents of these cities are encouraged to monitor their city council agenda's for these types of proposals.

All Californians should be aware that other counties and cities are likely to try and implement similar ordinances. Please contact AKC if a similar proposal is being considered in your area. We can be reached at doglaw@akc.org or (919) 816-3720.

Back to Berkeley:

However, pit bulls are targeted because they are hard to adopt out, said Kate O’Connor, Berkeley’s Animal Care Services manager. About 30 percent of the animals that come in to the Berkeley shelter are pit bulls, she said; however, about 80 percent of the shelter population is made up of pit bulls because they are so difficult to adopt out. Last month 19 pit bulls came into the shelter, compared to eight Rotweilers and eight Shepherd mixes.

If you don't believe me, and you decide you want one of these clownish and lovable dogs, try going down to your local animal shelter or SPCA. The application process often involves background checks, fingerprinting, home visits and a process as complex as adopting a child. I don't know what Berkeley requires right now, but if you want a pit bull in San Francisco, why, the process is so complex and draconian that SF Weekly complained that it's easier to buy a gun:

Which is easier, cheaper, and less time-consuming to acquire -- a pistol or a pit bull terrier?

The answer may surprise you. It will certainly ease your mind.
Pit Bull Terrior

Age: Prospective owner must be at least 18.

Identification: Owner must provide valid picture ID and verification of home address. Pit bull must have microchip ID implanted by San Francisco Department of Animal Care & Control. File photograph required of all pit bull breeds before new owner takes possession.

Aliases: When adopted through the SPCA, pit bull terriers are officially renamed St. Francis terriers.

Private-Sector Authorization: Landlord must approve. Veterinarian is interviewed to assess care and vaccination status of other pets in home. Emergency caretaker must be designated and confirmed.

Spay and Neutering Plan: Required.

Home Visit: At least one. Before approval of a pit bull adoption, an SPCA behaviorist must assess interaction between prospective adoptee and any children and/or other dogs living in home. Additional home inspections are made whenever they are deemed necessary.

Fencing: Complete fencing of yard required.

Personal Interview: At least one.

Training: Five-session basic pet obedience course required within six months of adoption. Cost: $40 to $60.

Background Investigation: Required. Includes three character references and two neighborhood references; local animal control agency incident report check; fingerprinting and criminal background check on owner.

Time: Five to 10 days, although an agreed-upon "cooling off" or waiting period may be imposed after approval, and prior to taking possession of the dog.

Cost: Through S.F./SPCA, $58.

Availability: At S.F./SPCA as of April 3 -- 10.

My point is, people who might want a pit bull are not going to want to go through such nonsense when there are puppies for sale. By their nature, draconian laws create demand for alternatives. The last time I looked, the price for purebred pit bull pups like these (from a top breeder) was close to $1000.00.

The AKC strongly opposes Berkeley's proposed ordinance:

The Berkeley Citizens Humane Commission will meet again on Wednesday, May 17th to discuss a proposal to require mandatory spay/neuter of all “pit bulls.” It is vital that responsible dog owners and concerned breeders attend this meeting. Fanciers are also encouraged to contact their representative on the Berkeley City Council to oppose this measure. The meeting will be held from 7-10pm at the North Berkeley Senior Center located at 1901 Hearst Avenue.

[Friday, March 31, 2006]

On April 19th the Berkeley Citizens Humane Commission will review a draft of an ordinance to require "pit bull" owners in the city to spay or neuter their dogs unless they obtain a $100 breeding permit and comply with a host of regulations. The ordinance defines "pit bulls" as American Pit Bull Terriers, American Staffordshire Terriers, Staffordshire Bull Terriers and any dog displaying the physical traits of these breeds. Fines of up to $500 for a first offense, and up to $1000 on a second offense can be assessed for violations. A second offense can also result in up to six months in county jail. AKC is working with concerned dog owners and fanciers to oppose this proposal.

This ordinance will do nothing to address the alleged problem, which involves irresponsible dog owners who are often low-level criminals -- with no regard whatsoever for a silly law like this -- who might breed their dogs in backyards to sell the pups for a few extra bucks. Responsible pit bull owners might obey the law, but few responsible breeders would be crazy enough to remain in Berkeley. I can't think of a better way to create a black market.

Breed specific laws of any nature are of course discriminatory, and proposing equivalent laws for humans would be unthinkable.

Aside from being a form of canine racism, the law might be sexist as applied, as it inherently lends itself to unequal enforcement of the law. Think about it: if you're in the business of enforcing this law, and you see a pit bull, what might give you probable cause to suspect a violation? A pair of nuts -- swinging behind a male dog! With females, there's no way to tell without a close examination by a veterinarian (even spaying often leaves no visible scars).

(Not that anyone in Berkeley would be concerned about discrimination . . .)

A COUPLE OF AFTERTHOUGHTS: (Or maybe this is a correction.) I just realized that the title to this post is wrong, because neither pit bull semen nor its collection would be outlawed by Berkeley's ordinance. Owners of pit bulls faced with mandatory neutering could first have their male dogs' semen collected and stored at any number of places which perform the procedure. (The AKC lists several such facilities within driving distance from Berkeley.)

The ordinance is also overbroad because it requires neutering of male dogs and spaying of females, despite the fact that vasectomies and tubal ligations would just as easily address the overstated pit bull "overpopulation" problem.

FULL DISCLOSURE: In writing this post, I had help:

But in the interest of further disclosure, Coco has a blog tutor:

Just say nuts!