Aurora – A judge threw out a lawsuit against the city of Aurora that sought to overturn the city’s recently enacted pit bull ban.
Khristina Villani of Brighton who owns property in Aurora, brought the suit against the city, saying, among other things, that her constitutional rights were violated by the city’s ban.
She also sought to have 18th Judicial District Judge Michael Spear removed from the case, which also was dismissed.
Spear dismissed the case quoting another judge who said, dogs are property and “may be subjected to peculiar and drastic police regulations by the state without depriving their owners of any federal right.”
In his ruling, Spear also alluded to a Colorado Supreme Court ruling that determined “(a) city ordinance prohibiting the possession of a pit bull … does not result in taking of private property if a dog owner may keep the dog by obtaining a pit bull license and by complying with the minimum standards of keeping the dog in the city.”
Villani couldn’t be reached for comment Wednesday.
Aurora’s City Council imposed the ban on new pit bulls in the city, allowing current owners to keep their dogs if they obtained $200 annual licenses and adhered to a number of requirements, including microchipping the dogs, providing the dogs with secured back yard enclosures and posting warning signs on front doors.
The ban went into effect on Feb. 1. Hundreds of dogs were registered under the special breed license. Since the ban went into effect, Aurora animal care officials have since been confiscating unlicensed dogs and fining their owners.
City Attorney Charlie Richardson was pleased with the ruling, which was signed on Feb. 8, but the city wasn’t made aware of the outcome until today.
“It’s a very impressive opinion that thoroughly discusses and disposes of each allegation that is brought by the plaintiffs,” Richardson said. “We’re very pleased with the opinion. It supports the action that the City Council took.”
Staff writer Jeremy P. Meyer may be reached at 303-820-1175 or jpmeyer@denverpost.com.
