Lafayette Municipal Judge Roger Buchholz suggests that Lafayette City Council revise ordinance
FOR IMMEDIATE RELEASE: Today, Judge Roger Buchholz denied a motion to dismiss the criminal case against Tim and Kelly Walker, owners of Spork, stating that the Lafayette vicious animal ordinance does not conflict with Colorado state law. However, Judge Buchholz did note in his opinion that the defendant did raise a "reasonable provision for a legislative body to consider" with regard to exempting animal health care workers from the ordinance. He went on to say that "the Lafayette city Council and other city councils may want to review and revise their ordinances."
That motion cited by attorneys with The Animal Law Center is Colorado State Statute §18-9-204.5(6)(b), which states that veterinary health care workers, dog groomers, humane agency personnel, professional dog handlers or trainers and grooming providers are exempt from filing vicious dog charges as a result of any injuries experienced during the course of their work.
"I am more than disappointed with today's ruling," said Tim Walker, owner of Spork. "We believe this ordinance is short-sighted and has unfairly placed Spork in jeopardy."
"We believe that Lafayette's vicious animal ordinance definitely flies-in-the-face of the Colorado statute," said Jennifer Edwards, founder and attorney at The Animal Law Center, based in Wheat Ridge, Colorado. "The intent of the Colorado law is clear when it states that dangerous dogs are an issue of statewide concern, not just a single jurisdiction. That's why this law is on the books - to provide a statewide ruling in this matter."
Criminal trial is set for April 20, 2010.
Download the decision here.
About The Animal Law Center:
The Animal Law Center provides an array of legal services for animal owners and guardians. We are the only dedicated animal law practice in Colorado and are one of the few firms through the United States that practice animal-related law on a full time basis. While individual members of The Animal Law Center hold political and ethical beliefs related to animals, the ALC considers ALL cases, regardless of a potential client’s political and ethical views. The ALC is a firm that practices law as it pertains to animals, not necessarily animal-rights law. For more information: www.theanimallawcenter.com