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SIMBA · JULY 24, 2015 · DOCKET 15DSM002

Simba’s “high risk” label was reversed.

Chelsea asked me to help Simba challenge the City’s breed-based designation. Administrative Law Judge Heather L. Palmer reversed it.

Source: City of Des Moines administrative decision, docket 15DSM002, dated July 24, 2015, pages 1–7. The complete scanned decision comes from my case records. The quotations below are from pages 6–7; paragraph breaks are adjusted for readability.

The City used criteria people could not find in the ordinance.

“The Checklist and the criteria used by the City in this case are not contained or referenced in the Ordinance.”

“The City did not provide notice to Jacques of the criteria used for determining whether Simba is ‘predominantly’ an American Staffordshire terrier, American pit bull terrier, or a Staffordshire terrier.”

“The City’s reliance on the unpublished and unreferenced criteria is improper. The City’s determination should be reversed.”

The order

“The City’s determination that Simba is a high risk dog is REVERSED. The City shall take any steps necessary to implement this decision.”

The breed restrictions are still listed by the City.

The City’s animal-licensing page still lists Staffordshire terriers, American pit bull terriers, American Staffordshire terriers, and dogs that predominantly look like those breeds as “high risk.” It requires owners to provide proof of at least $100,000 in liability insurance and follow additional confinement rules.

The ARL’s own website also says Des Moines retains breed-specific rules. The ARL says it opposes those rules.

I fought the City’s rules—and won.

I won a constitutional challenge to Simba’s “high risk” label. The judge rejected the City’s use of unpublished criteria and reversed its decision. Des Moines still labels dogs “high risk” because of their breed and appearance. I believe that is arbitrary and unfair—and I want it stopped.

A dog’s fate should turn on evidence and fair rules. Owners deserve to know the standards being used against them and have a fair chance to challenge them.