Wesselhoft wants public vote on dangerous dogs

OKLAHOMA CITY -- Despite two previous legislative defeats, state Rep. Paul Wesselhoft said Monday he would continue his fight to outlaw dangerous dogs, specifically pit bulls.

And this time, he's going directly to the public.

"As I have continued to say over and over again, legislators need to step up to the plate and do something about these dangerous dogs before another Oklahoman falls prey to them," he said. "It's time they stop ignoring the proof right in front of them."

To do that, Wesselhoft said he would file a resolution next year to place his dangerous dogs proposal directly before the public. That resolution, he said, would allow voters "to decide if cities should have the authority to restrict what types of dogs" may live in an area.

"The citizens of Oklahoma should decide whether these dangerous dogs live in their areas," he said. "Some legislative issues are so sensitive that members of the Legislature say, 'Let the people decide this thing.'"

The resolution is necessary, he said, because "sometimes members of the Legislature are chicken."

"And this bill is a good example of that," he said.

Twice this year Wesselhoft tried to pass House Bill 1082, which would have "returned the right to outlaw certain dogs" to cities and towns.

That bill never made it out of House committee.

"It (the bill) would have also given county governments the authority to approve ordinances regulating dangerous dogs considered a public health risk," he said. "The bill never made it to the House floor."

Following that defeat, in early spring, Wesselhoft told The American he would request an opinion from Attorney General Drew Edmondson about the constitutionality of the current state law which prohibits municipal governments from regulating the pit bulls -- despite an earlier opinion issued by Edmondson which said breed-specific language was unconstitutional.

Then, in late March, the two-term Moore Republican encouraged municipalities to go ahead and enact breed-specific ordinances -- even though those ordinances are not permitted under current state law.

"This way, cities can bring a lawsuit against the state," Wesselhoft said. "I think state law is unconstitutional regarding dangerous dogs. Cities should decide what dogs they let reside in their area. I want to see this go to the state Supreme Court -- a city needs to challenge the state. It is unconstitutional for the state to be able to restrict the cities from protecting residents."

Wesselhoft's current bill followed HB 2658 -- filed in 2006 -- which would have banned pit bulldogs from the state and placed additional legal requirements on their owners.

This week, citing another pit bull attack, Wesselhoft said he would continued his fight.

"Three-year-old Larry Williams' face is now covered with bruising and stitches after he was attacked over the weekend by a neighbor's pit bull while playing outside," he said. "Something must be done. Lawmakers should want to keep the citizens' safety as number one priority."

Wesselhoft said he's continued attempts to outlaw dangerous dogs because of "an increasing number" of attacks.

"Eventually every state representative is going to have a pit bull attack in their district," he said. "It's not outside the realm of imagination that there will be an attack in every district."

Should his resolution fail next year, Wesselhoft said he has "one more way" to address the issue.

"My only other alternative is an initiative petition," he said. "And to do that I need about 58,000 signatures. That's why I'm hoping I can get this resolution through the Legislature."

The goal, he said, is to protect Oklahomans.

"The people need to have a voice in this decision -- it's their loved ones being harmed. I hope my fellow members support this effort. This is not banning any type of dog but allowing the people to make the decision on what is in their best interest."