Judge Andrew Owens has ruled the Florida dog bite law unconstitutional in the case of Padi, a Lab mix owned by Paul Gartenberg, according to the Bradenton Herald. Padi bit a child on the ear this past summer, with conflicting information as to whether the child lunged at Padi or Padi lunged at the child. The Florida law mandates dogs that cause severe injury to people must be put down.
Gartenberg owns the Pet Clinic in Bradenton, where the child and baby sitter were when the child came over to 4-year-old Padi. Everyone involved in the situation generally agree that the dog tried to get away from the child, but couldn't, and that the child followed Padi into a corner where Padi bit the child.
The Florida law is specific and Padi was supposed to be euthanized without regard to the circumstances leading to the bite if the injury is severe and required stitches and reconstructive surgery, as the current law says.
"(The statute) results in an unconstitutional delegation of discretion in animal control authorities insofar as the statute provides animal control authorities no guided authority to select the severity of consequences for a dog's actions," the ruling states.
"Please instruct the Animal Services staff to no longer enforce the statute, and to close any pending case files in which the statute has been cited as having been violated," said Robert Eschenfelder, according to The Tampa Bay Times.
"I had to believe in my heart that this was going to end well for Padi," Gartenberg told The Miami Herald on Thursday. "But until you get that final ruling, you don't know."
