The Supreme Court of Ohio in September ruled that a statute penalizing owners of dangerous dogs who fail to buy liability insurance and properly confine their animals was unconstitutional, according to the American Kennel Club (New York).

The court found that that law violated dog owners' right to due process because it did not give owners an opportunity to appeal a dangerous dog determination at an administrative hearing. Because the statute imposes significant restrictions and expenses on a person's property-his or her dog-the court held that owners have a constitutional right to be heard.

The decision likely will have a major impact on all Ohio dog owners as city and state officials consider ways to close this constitutional loophole, said the AKC.

Ohio is the only state with a breed-specific dangerous dog statute that automatically deems "pit bulls" vicious. According to the AKC, legislators could use this opportunity to target more breeds or to impose additional restrictions on owners. On the other hand, it could give dog owners a chance to repeal the breed-specific law. [November 2004 PET AGE]