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Think Banning Breeds Unionville, MS A CDC Study, the Meritt Clifton The Meritt Clifton Trenton, MS Romeo, MI Summary, Insurance Company Summary of is NOT the State of Oklahoma Lakewood, CO Olathe, KS Discrimination and Actuarial Data Are Answer? Others Agree. Battle Creek, MI Old Bridge, An Analysis of Merritt Clifton’s NJ Used as the Cornerstones of the Breed Jacksonville, AR Attack Deaths and Lawrence, Kansas Maimings, U.S. & Canada - New York, New York Ban Argument Bamberg, SC Voted Down Youngstown, OH September 1982 to November Killeen, TX St. Tammany Parish, LA DeSoto, TX 13, 2006, from the Sandusky, OH State of Maryland Washington Camanche, IA Bellevue, NE National Canine Research Richland, WA Sandusky, OH Austintown, OH Federal Way, WA North Muskegon Grand Rapids, MI The CDC Study Council Wheeling, WV Corpus Christi, TX St. Mary's County, MD Horicon, WI Coeur D'Alene, ID Denmark, WI Eau Claire, WI Jackson County, MO Broomfield, CO Mr. Clifton's "study" can be found Brandon, MI One of the primary sources of information quoted to Rodgers City, AR Adrian, MI Cassapolis, MI on a prominent dog-bite attorney Portage, WI Ann Arbor, MI justify breed banning is a CDC report titled Breeds of Oxford, MI Ward, AR North Ridgeville, Ohio website and is being used as Milford, MI Jackson, AL Benton Harbor, MI dogs involved in fatal human attacks in the United States Romeo, MI Bluefield, WV Roseville, MI "statistical evidence" of breed Oak Grove, MO between 1979 and 1998 published initially in 2000. Lee Summit, MO Belton, MO Bellfontaine Neighbors, behaviors by those who seem Baton Rouge, LA Oklahoma State MO Sumter County, SC Illinois unable or unwilling to recognize Unionville, MO The CDC report illustrates more than anything that Monterey, TN Jennings, MO the critical errors in data Little Rock, AR Repealed dangerous dog trends change (breed is incidental and Anderson, IL Raytown, MO collection and the damaging and Manhattan, KS Sedalia, MO subject to popularity and fad) through time. Almena, MI Phillipsburg, NJ University City, MO erroneous conclusions drawn Arcadia Parish, LA Indianapolis. IN Beloit, KS from a biased and flawed Cedar City, UT BSL stopped Belton, MO The CDC report discusses why breed specific legislation Portage, WI due to education, Belton, MS sample. Belton, MO is NOT the proper avenue for addressing dog attacks. ineffectiveness, Cleveland, OH Peculiar, MO Crosseville, IL The authors of the report have personally gone on record Leavenworth, KS cost and public Detroit, MI Merritt Clifton’s scrapbook of Batesville, AR outcry to state that the report is INACCURATE and should NOT Detroit, Mi Deridder, LA newspaper articles is presented, Dickenson, ND be used to justify BSL. Cedar Rapids, IA Eastpoint, MI and often accepted, as an Alabama Levanworth, KS Ellis, KS Montgomery, AL Northlake, IL Federalsburg, MD unbiased and accurate Bald Knob, AR Hudsonville, MI "It is frustrating for me personally," Golab says, "because Golden, CO Shannon Hills, AR Bald Knob, AR representation of dog attacks in Lee's summit, MO people who want to enact breed-specific legislation keep Searcy, AR Searcy, AR Longmont, CO the U.S. and Canada. The title Mulberry, AR Golden, CO using that paper to try and make a case against pit bulls. Merriem, KS Fort Smith, AR Northglenn, CO and numbers presented as Middletown, OH But all we did was match breeds with fatalities over a 20- Crossett, AK Layfaette, CO Milford, MI “statistics” suggest that an Colorado Rocky Ford, CO Osage County, KS year period. And the numbers show that the breed that Golden, CO Federal Heights, CO Pontiac, MI unbiased, scientific methodology Estes Park, CO Westminster, CO goes to the top changes over time, which suggests that Raytown, MS Northglenn, CO Normal, IL was used to achieve the results. Redford, MI something other than breed is responsible for the Layfayette, CO Paxton, IL Revere, MA Longmont, CO Forest, IL fatalities. Richland, WA Rocky Ford, CO Bloomington, IL However, Mr. Clifton arbitrarily Scott City, KS Federal Heights, CO Will County, IL Shawnee, KS excluded dog attacks in which Westminster, CO Chicago, IL Shelbyville, TN But people try to use just the last few years in the table, New Castle County, DE North Chicago, IL Sherwood Park, Alberta the breed of dog was not Coral Springs, FL Lincolnshire, IL which shows pit bulls and on top. The whole Topeka, KS Deltona, FL Hodgkins, IL “identifiable,” that is, where no Tullahoma, TN point of our summary was to explain why you can't do Rockmart, GA Middlesboro, KY one at the scene, or later, Floyd County, GA Lake Charles, LA that. But the media and the people who want to support Kewanee, IL Bellfontaine Neighbors, State Laws Prohibiting their case just don't look at that." claimed to know what kind of Waukegan, IL MS BSL dogs were involved. Also McHenry County, IL Jennings, MS Lancaster, OH California Normal, IL The CDC’s Gilchrist argues “the breeds involved are excluded were dogs deemed to Paxton, IL Wilkes Barre, PA Colorado Forest, IL Woodbury, TN Florida going to vary. The more encompassing way is to deal be used for guarding, police work Bloomington, IL Eau Claire, WI Illinois or as fighting dogs. The Will County, IL Detroit, MI Maine with dangerous dogs so that every dog and every owner Chicago, IL Salem, MA Minnesota is covered all the time” uncertainty of any alleged breed Lincolnshire, IL Parker, CO New Jersey identification aside, the exclusion Hodgkins, IL Lake St. Louis, MO New York Northlake, IL Lowell, MI Oklahoma of all attacks by dogs where no Minooka, IL Russellville, AR Texas The CDC recommends that improvements in surveillance breed identification was asserted, Anderson, IN Bourbonnais, IL Virginia for fatal and nonfatal dog bites are necessary to target Indianapolis, IN Flatwoods, KY Washington combined with the exclusion of South Bend, IN Annapolis, MD and evaluate prevention efforts. St. Joseph County, IN Cripple Creek, CO dogs used for a specific function, Mason City, IA Hazel Park, MI leaves us a list that is utterly Waterloo, IA Crawford County, MI Washington, IA Baltimore, MD unrepresentative of “dog attacks Humbolt, IA State of Delaware Leavenworth, KA Stafford, KS and maimings” in the U.S. and Witchita, KA Wilmington, NC Canada. Emporia, KA Loveland, CO According to the Nation’s Largest Insurer Merrium, KA Arlington, NM Olathe, KA Wichita, Kansas State Farm Insurance – no breed restrictions. Some companies don't Mr. Clifton’s “study” further Frankfort, KY Auburn, WA Lietchfield, KY Roseville, MI discriminate by breed. suffers from the use of a biased Milton, KY Bellingham, MA Lincoln County, KY MARLBOROUGH, MA sample. There is no national Spencer County, KY Kansas City, MO "We believe that there are good dogs and bad dogs within every breed, just organization in the U.S. or Middlesboro, KY Black Jack, MO Oldham County, KY Wyndotte, MI as we believe that there are responsible and irresponsible owners," says Canada that collects data on a Paintsville, KY St. Charles, MO Phil Supple of State Farm. systematic basis on the Park Hills, KY New Mexico ‐ S188 Corinth, KY Withdrawn circumstances or specifics of dog Taylor Mill, KY Hohenwalt, TN Indianapolis, IN Dan Hattaway, an underwriting consultant for State Farm, says the bite-related injuries. In the Lake Charles, LA Sulpher, LA Sacramento, CA company doesn't even track how many of its home insurance policyholders absence of a professionally Gonzalez, LA Taylor Mills, KY Methuen, MA Shannon Hills, AR own dogs. Policyholders do have to answer questions about dogs on the reliable data source, news

Gloucester, MA Mulberry, AR application, however. Specifically, the company wants to know if a dog has reports are often substituted in Waltham, MA Estes Park, CO Lajuanta, CO ever bitten anyone or if it has been trained for attack purposes. New Jersey an attempt to identify North Carolina Longmont, CO Watuga County, NC New Castle County, DE circumstances surrounding dog Lancaster, OH Rockmart, GA If the dog has bitten someone, State Farm will want to know the attacks. However, newspapers East Palestine, OH McHenry County, IL Wilkes Barre, PA Anderson, IN circumstances surrounding the bite. "We'll want to ascertain if it's ever likely do not have the interest, desire, Hazelton, PA Humbolt, IA to happen again — if precautions have been taken to prevent it," says Erie, PA Leavenworth, KS resources or ability to provide an Woodbury, TN Witchita, KS Hattaway. Other factors the company looks at are the seriousness of the accurate or complete profile of Tullahoma, TN Frankfort, KY injury and whether the attack was provoked or unprovoked. Shelbyville, TN Lietchfield, KY dog attacks occurring in the U.S. Putnam County, TN Milton, KY and Canada. East Palestine, OH Lincoln County, KY Bedford County, TN Spencer County, KY Killeen, TX Sulpher, LA Oak Grove, MS

Insurance Federation of Minnesota

Actuarial data is trade secret because each company uses a different formula and the formulas used are considered trade secret and thus are not ever divulged.

The problem with this question is that there is no one central repository for data about injuries and claims. Insurers are not required to break down their claims payments based on dog bite or even by breed.

That being said, we did query the top 10 insurers in the state last summer asking if they did underwriting based

on specific and if so which breeds were subject to adverse underwriting (higher premiums or

exclusions). We received 7 responses.

We compiled the list in aggregate and submitted it to Rep. John Lesch (DFL-St. Paul) who is considering a bill to ban/regulate certain breeds of dogs.

Akita, Alaskan Malamute, American Staffordshire , Boxer, Bullmastiff, Chow Chow, Doberman , German Shepard, Great Dane, , , , Siberian Husky, Staffordshire Bull Terrier, Weimaraner, Any Hybrid, Any mix of these breeds, Any Exotic Guard Dog breed, Risks that involve vicious or exotic animals or , or other .

This is the list supplied to Representative Lesch. As you see the list is in alphabetical order and contains no statistical analysis.

What do the Scholars say?

An initial first step would be to improve surveillance and reporting of dog bites. Until accurate numbers for the numerator and denominator in the relative dangerousness ratio can be ascertained, insurers and governments will be without realistic data on which to make meaningful decisions. The need for more accurate data collection has been championed by the very scientists who have tried to calculate the scope of the dog-biting problem. – See generally Jeffrey J. Sacks et al., Fatal Dog Attacks, 1989-1994, 97 Pediatrics 891 (June 1996)

The principal problem in determining the total number of bites by a particular breed is that there is no national reporting system for dog bites. – Weiss HB, Friedman DI, Coben JH. Incidence of dog bite injuries treated in emergency departments. JAMA 1998; 2711(1):51-53.

There is good reason to believe that the raw data being used to calculate relative dangerousness ratios is

incomplete and inaccurate. If the data being inputted into the calculation is flawed, the results (claiming to show some breeds are more dangerous than others) are equally flawed. - Katharine Dokken, Dog Bite Statistics: Bad Logic, athttp://www.thedogplace.com/library/articles156.htm

Cincinnati Law Review Findings

A five-year study published in the Cincinnati Law Review concluded that statistics did not support the assertion that any one breed was dangerous, and found that when legislation is focused on the type of dog it fails because it is unenforceable, confusing and costly. Focusing legislation on breeds that are labeled as vicious only distracts attention from the real problem - irresponsible dog owners.

Locating, identifying, confiscating, housing, destroying and disposing of banned dogs are expensive. Cincinnati was spending $200,000 a year to confiscate and destroy less than 20 percent of the city's pit bulls before the city repealed its long-standing pit bull ban last year.

The AVMA (American Veterinary Medical Association) Task Force on Canine Aggression and Human-Canine

Interactions wrote in "A community approach to dog bite prevention" (see JAVMA, June 1, 2001, page 1732) that breed-specific legislation is an inappropriate and ineffective approach to protecting public safety.

Additional information and full texts available at www.arottalove.org or e‐mail [email protected]