Census Takers and Dangerous Dog Declarations
It’s that time again with the census form. Some will fill it out, but most of us put it aside to mail back later. If not returned, a census taker will arrive at your door to ask you those questions on the form.
But what if your dog gets agitated when unknown visitors come to your door? What if your dog is outside and leery of strangers, and when a census taker enters your property, she believes she should be protective? In our work on behalf of dogs, we often see these natural and all too common scenarios when dogs of all types are startled by strangers entering their property. Unfortunate reactions like dogs running off or biting intruders can too easily happen even though the dog is normally “just fine with people”. This can lead to catastrophic consequences.
Why risk putting your beloved dog in this potential predicament, especially when it’s avoidable? Simply complete the census form and mail it back. You’ll avoid a census taker from entering your property unannounced and a possibly dreadful incident.
In 2016, a census taker entered a gated and fenced yard to conduct a pre-2020 Census survey. The homeowner was away, and his two dogs were outside in the yard. Once aroused by the intrusion, they came running from the backyard and bit the census taker.
The dogs were declared dangerous, sentenced to die and have been held in the city pound for three years, while a protracted legal appeal ensues to save them.
Four months ago, we were asked about our interest in the issues of trespass and provocation as defenses against dangerous dog declarations and the all-too-common deaths of these dogs for reacting quite naturally. We combined our own experiences with caselaw throughout the country to prepare an amicus curiae brief providing the California appellate court with perspectives on these evolving defense theories in dangerous dog proceedings.
We’ve attached our brief for those interested, and oral argument is scheduled for May 20th via phone conference. We’ll update everyone thereafter.
Thank you for your continued interest and support of our efforts to protect and expand the fundamental rights of all companion animals and their owners.
LINK TO BRIEF: https://thecfal.org/wp-content/uploads/2020/05/FINAL-brief-04232020-filed.pdf
