Motions Filed Challenging Constitutionality of Marion County Ordinance
In Shaw v. Marion County [ULU]
Several motions were filed today, October 29, 2010, in Shaw v. Marion County, challenging the constitutionality of Marion County's Dangerous Dog Ordinance. Ulu is comforatably at home, his dangerous dog designation reversed, as legal proceeding continue regarding the current application of the ordinance to Marion County dog owners.
The first challenge, which can be read here, involves the unconstitutionality of Marion County's "one kill rule" which violates the State definition.
The second challenge, here, involves the dual office prohibition of members of the Dog Classification Board. Since they also sit on the Code Enforcement Board, they violate that part of the State Constitution that prohibits a person from sitting on two boards at once.
Finally, there is a challenge, here, to the blanket seizure of all dogs regardless of the infraction and holding them incommunicado and without visitation.
Shaw's attorney, County attorney Jeff Fowler and Jill Lancon met months ago and discussed these issues, with the County promising to re-write their procedures to meet most of Shaw's objections. Months later, nothing has happened. In fact, the County has altered its "Notice of Sufficient Cause Finding" to state that all dogs shall be held by animal control.
The next step is Jill Lancon's deposition, and then a court hearing on the Motions. Stay tuned.
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