The Truth on BSL in Chicago: A Community Memoir
Written by Steve Dale   

This will take a few minutes to read through – but it is what really happened….I offer this BSL memoir hoping it will help another city or another group set to fight BSL. 

November, 2005: Following the horrible attack of a 10-year old boy, and several who came to his rescue, by three pit bull-type dogs in Cary, IL, it seemed certain that breed specific legislation (BSL) would happen in Chicago. 

A media frenzy in Chicago (not even in the same county as Cary, IL) began when Chicago Alderman Ginger Rugai (19th Ward) appeared on TV that same night as the attack calling for the ‘eradication’ of pit bulls. It was only a matter of days before she created an ordinance to ban any ‘bully breed.’ She buzzed around City Hall and had no problem enlisted other Aldermen to sign on. Radio talk show hosts and newspaper columnists encouraged BSL. 

Angry dog owners were suggesting a pit bull rally – getting 100 or more pit bulls together to march in front of City Hall. I didn’t think that was wise. 

Others, including the Dog Advisory Work Group, thought about a town hall meeting. Not a bad thought.  Meanwhile, the Commission on Animal Care and Control for the City weighed in, officially suggesting against BSL. However, as a group, the Commission was apparently ignored.  

Meanwhile, the media continued, not with especially well balanced reports. Finally, the Mayor was pinned down and commented:  

"How many people have to be maimed?" asked Ald. Isaac Carothers (29th). "How many people have to be killed by these vicious dogs before we take action?" 
 
Though he stopped short of an endorsement, Mayor Richard Daley sounded a similar note. 
 
"Isn't that one too many?" he asked. "I think they have to look at [a ban] very carefully. People have responsibilities for dogs." 
 
And if a pit bull is off leash, "You'd better jump on a car," Daley declared. "You'd better get out of the way." 

Not exactly the best advice from Chicago’s Mayor, unless you want a dog to chase. 

My phone was ringing off the hook, from the press and animal welfare friends in Chicago after the Mayor made those comments. I refrained from attacking the Mayor Daley, and asked others to do the same.  

I had beaten back the BSL threat previously…but this time around, BSL appeared inevitable. 

I was buoyed by the fact that in a Chicago Tribune poll people who responded said a single breed isn’t responsible for attacks as much as irresponsible dog owners. Finally, some good news! Around this time, it came out that those pit bulls involved in the Cary, IL attack may have been grazing on marijuana. The dog’s owner was charged with possession of marijuana. I learned that while ingesting marijuana may typically cause dogs to snooze, it’s possible that it may create heightened arousal. No one knows for sure since what happens when dogs graze on grass just hasn’t been researched. Later, it was also learned, that Petey – the lead pit bull in the attack – had been known to be aggressive, and the owners had been warned by a dog trainer.  

I couldn’t sit back and allow BSL in the city I love so much, the city named the ‘Dog Friendliest.’ I phoned Aldermen Shirley Coleman (16th ward) and Eugene Schulter (47th ward). While awaiting their return calls, quickly gathered together a coalition of experts, which included a representative from each of the following:

  1. Chicago Animal Care and Control
  2. Illinois State Veterinary Medical Association
  3. Chicago Veterinary Medical Association
  4. ASPCA
  5. Chicago Area Pet Trainers Association
  6. Chicago Animal Shelter Alliance
  7. Parents Against Irresponsible Dog Ownership
  8. Anti Cruelty Society
  9. PAWS Chicago
  10. Dog Advisory Work Group
  11. International Kennel Club of Chicago
  12. Cook County Animal Control
  13. Chicago Police Department
 

When Alderman Coleman phoned back, she knew exactly why I was calling her (since previously she herself wanted BSL after a horrific mauling in her ward…but she has since learned that BSL is not the solution). Alderman Schulter was thrilled about the idea of creating a committee of experts.  

Arguably, my first two decisions were my best. I positioned our Ad Hoc group as an organization to enhance public safety, rather than a group of ‘crazy dog people.’ We called ourselves the Ad Hoc Committee for Public Safety and Dogs. Second, I named Cynthia Bathurst of the Commission of Animal Care and Control, the Dog Advisory Work Group and an active volunteer with Chicago’s Alternative Policing Strategy (CAPS) as my co-chair. For one thing, she doesn’t even have a dog! Cynthia is known in the community for her advocacy work on public safety issues. Also, Cynthia is a great researcher, and far more organized than I. 

I knew I could trust her, and she’s never let me down….Also Cynthia’s calm but determined demeanor probably balanced my sometimes emotional responses.  

Our immediate goal was to offer an alternative plan to BSL.  

As supportive as the Aldermen were, they made it clear they wouldn’t just support a statement against BSL, and a recommendation to enforce the laws currently on the book. They wanted and needed more (in order to sell other Alderrmen). They wanted us to devise a plan. 

Dealing with political realities, Cynthia and I worked the phones calling various Aldermen, speaking with them in person or speaking with their offices. 

The Chicago Veterinary Medical Association was an effective help at this juncture, asking their member veterinarians to contact their individual Aldermen. While many veterinarians were apathetic, many were outraged by the events, and gladly contacted their representatives. Some veterinarian even made appointments to see their Aldermen in person; still others encouraged clients to contact the Aldermen.  

I know that hearing from veterinarians was helpful. They’re well respected in the community; they’re persuasive about BSL because they speak with logic and facts. It’s (appropriately) perceived they want what’s best for the community and for animal welfare in general. They’re also owners of businesses in these various wards. And, of course, they vote too. Getting the veterinarians and the CVMA pro-actively involved, and their general willingness to play a role mattered hugely!  

On a side note, public officials thinking out BLS and all other companion animal issues rarely seek veterinary input as they should. A part of my goal was to create a long-term change in Chicago (and hopefully elsewhere in the country), so public officials would from now on seek the guidance of veterinarians and other experts in the companion animal field. Dr. J. B. Bruederle (president of the Illinois State Veterinary Medical Association) and Dr. Elizabeth Robertson (legislative co-chair of the Chicago Veterinary Medical Association) will prove to be invaluable in this effort, as both steadfastly straddled a tight-rope through this entire process.  

And – indeed – this was a process…. 

The Ad Hoc group immediately agreed that our conversations, for now, would not leave the room (we were graciously given space to use at the Anti Cruelty Society). And we would refrain from publicly beating up on Alderman Rugai, Mayor Daley or any other public official.  

I wanted to insure that we stopped fanning the media fire. I knew that if everyone kept quiet, the press cycle would eventually move elsewhere.  

Still, we did engage in some carefully targeted media. Chicago Veterinary Medical Association vets did some hits on TV speaking with authority against BLS, and I talked about BSL on my WGN Radio show – without attacking any public official (believe me – wasn’t easy to hold back). On one of these occasions Dr. Bruederle and Dr. Susan Ferraro (of the Commission of Animal Care and Control, and a former CVMA president with experience at fighting BSL) joined me on the air. 

I also appeared twice on the John Williams Show on WGN Radio. We may work at the same radio station, but as an interviewer, John’s as good as they get. I welcomed his tough, but still fair questioning. Our first interview was followed up with an online poll, called the News Click. Similar to the earlier Tribune poll, I was encouraged, and given John’s view even surprised by the responses – most people seemed to understand BSL is not the solution. 

These online polls may not be perfectly accurate – but they do matter. I later used the results of these polls in my testimony at City Hall, and also when speaking with reporters who mistakenly assumed that the public was for BSL. Now I had at least some evidence that the public understands BSL is not a solution, and a breed can’t be blamed for what a few dogs do.

 

Meanwhile, as a group, what is this Ad Hoc Group to suggest? We talked about everything from mandatory spay/neuter to mandatory microchiiping.  

Discussions continued online. We created fact sheets with data to support various arguments with various positions. 

It was hugely helpful that by now every one of the organizations represented by the individual members in this Ad Hoc group publicly condemned BSL. Most of these groups had statements saying so on their websites. 

However, some of these groups represented in our Ad Hoc Committee didn’t hang in there. One group became increasingly entrenched with their own internal turmoil, having nothing to do with BSL or our Ad Hoc Group. They were also having difficulty accepting the fact that we needed to respond quickly – on the timetable of public officials; they proved to be quite inflexible and incredibly distracted by their own political messes.  

Another group relied on their own national organization for direction. Their national group was apparently uncomfortable with some ideas bantered about in our Ad Hoc meeting (we didn’t decide a thing at this juncture – only discussing what me may do). By not showing up in the future – their voice could not be effectively heard. 

Now matters get a tad more confusing…So follow the bouncing squeaky ball:

Another all together different committee had been meeting with Alderman Schulter concerning humane standards for kennels and doggy care on and off over the course of a three-year period. I was an original member of this committee. It all began after dogs – who were in unsanitary conditions - died in this horribly run kennel in Chicago because they could not be identified. The Alderman was determined to never allow this to happen again and set about crafting humane standards for kennels and doggy day care facilities.

It was decided our Ad Hoc Committee would also consider Ald. Schulter’s kennel and daycare ordinance, and suggest any changes. The plan was to introduce this kennel and day care proposal in addition our Ad Hoc Committee’s ultimate alternatives to fight BSL. 

To come up with alternatives to BSL, as mentioned, by now, lots of ideas were considered. Instead of looking at a single breed or mix, our Ad Hoc Committee looked at research revealing what causes dogs to attack in the first place. In fact, we based our views on data and research, which we could present to the Aldermen, the Mayor, the pubic and/or the press. Looking back, I wish we had been more aggressive in presenting this research. For example, we should have handed out fact sheets at our press conference.   

After several meetings and many emails the Ad Hoc Committee on Dogs and Public Safety Agreed to the following – and we agreed unanimously.

  • Not allowing a dog being tethered unsupervised for more than three hours
  • Increased spay/neuter differential fees
  • Mandatory microchipping of all dogs
  • Increased fees for dogs chronically stray and frequently in the shelter dogs

    Various educational initiatives which are non legislative: They include a website to list vicious and/or dangerous dogs with their pictures and/or addresses; the site would include general good information about pets, such as how to approach stray dogs, the truth about pit bulls, kids and pets, why vaccinating for rabies is so important, etc. We never really did determine for certain who would operate this website or pay for this administration. 

At around this time, Dr. Bruederle, Cynthia and myself made an excursion to City Hall, presumably to present our ideas to Ald. Coleman. We did that. We also sat around a long conference table behind the Council Chambers. . . Soon Aldermen began appearing, and it wasn’t long before we were meeting with around ten or so Aldermen,  including Alderman Rugai. We now had our chance to articulate why BSL is not the answer.  

Ald. Coleman called me that morning and told me to show up in three hours. I phoned Cynthia, and said ‘Let’s go!’ I said from the start, ‘We will never engage in an important and/or policy meeting in our group without a veterinarian present.’ Dr. Bruederle had to switch around appointments, but he managed to make it. I think we all did nicely…Dr. Bruederle was especially convincing. Ald. Rugai was surprised at our unannounced appearance, and we were later told she was offended. I felt badly, because we had no idea what we were showing up for. There truly was no preconceived attempt to embarrass the Alderman by ‘popping in’ unannounced.   

Much to our surprise, we even wound up meeting very briefly with Mayor Daley himself. He seemed to ‘get’ that banning a breed wouldn’t work. Though not well orchestrated, this visit to City Hall proved to be far more helpful than not. Cynthia and I got a political lay of the land, and realized that many Aldermen seemed to be in agreement that, in fact, BSL is not a solution. Having one on one and face to face contact proved important.  

Both Aldermen Schulter and Coleman, with Cynthia Bathurst, and Dr. Bruederle all appeared on my WGN Radio show on June 4, 2006.

Here they are in the studio: 

Listen to the interview:

Newspaper stories appeared as well, as there was little negative feedback about mandatory microchipping or our anti-tethering ordinance, at least at this time. 

Here’s the Chicago Sun Times story. 

Due to my traveling schedule, and also Alderman Schulter’s, the proposals would not be brought up at a hearing until the very end of July. Before going to City Council, there would need to be a hearing to the License and Consumer Protection Committee, which Schulter chairs. 

The Alderman asked that I bring in an impressive and large number of local and national experts to testify at the hearing.  

Among the national experts submitting testimony: Veterinary behaviorists Dr. Ian Dunbar, Dr. Laurie Bergman, Dr. Gary Landsberg (president American College of Veterinary Behavior), former AVMA President Dr. Bonnie Beaver (from the notes she presented at the 2006 AVMA Conference); certified applied behaviorist Dr. Patricia McConell, and board members of the American Veterinary Society of Animal Behavior Dr. John Ciribassi and Dr. Sophia Yin. What’s more, AVMA President Dr. Roger Mahr (who happens to be from the Chicago area) offered written testimony on AVMA letterhead, as did Dr. Gail Golab of the AVMA, who is renowned for her expertise on animal welfare. Dr. Golab attended the hearings for moral support. But more than that, her appearance sent a message about AVMA interest in the outcome.  

Indeed throughout this entire process, I received email from cities large and small, even from some outside the United States. . . Chicago’s decision on BSL would clearly impact the choices made in other communities. 

I’m proud of the list of experts offering the written testimony…arguably the most impressive group ever to submit in a municipal BSL case. I am humbled and appreciative of their willingness to help. The AVMA typically doesn’t get involved in local issues – their mission is broader based. Having said that, while they clearly did not interfere with the local veterinary medical associations, or get involved in the nitty gritty decision making as to what our alternatives to BSL should or should not be – their letters of absolute support against BSL did make a difference, as I knew they would. The AVMA letters from Mahr and Golab were carefully but well written.  

Local experts appearing to testify included most members of the Ad Hoc Committee, as well as some others chosen for specific expertise.  

A press conference preceded the hearing. I spoke, as did Alderman Schulter, Alderman Walter Burnett (he spoke about officially sanctioning the right for dogs to dine outside at restaurants with sidewalk cafes and patios), also co-chair Cynthia Bathurst. Paula Fasseas, founder of PAWS Chicago; and the President of the Anti Cruelty Society of Chicago Dr. Gene Mueller.  

We told local testifiers, as per Alderman Schulter, to keep their remarks to two minutes during their testimony. However, to advance the testimony from those experts outside Chicago, and just because I always have a lot to say – I asked for more time. The Alderman’s replied, “Sure.”  

I spoke for less than five minutes, which is exactly as planned. At the conclusion of my remarks, long time outspoken Chicago Alderman Burt Natarus said, “You’re a nice guy. But young man, you talk too much.” Natarus then proceeded to ramble for 18 minutes.  

(I did enjoy being called ‘young man.’) 

That clip – of Natarus scolding me - played over and over on the CBS TV and radio affiliates here, poking fun at the colorful Natarus. Unfortunately, the CBS stations barely covered the mandatory microchipping, anti-tethering proposals and everything else were sought.  

The Chicago Tribune story the next day featured a page 1 piece. Unfortunately, oddly, it was more an op-ed story than a news report of the press conference and/or hearing. Previously the city council limited use of cell phone in cars, banned foie gras in restaurants and the council is also proposing requiring taxi drivers to wear uniforms and restaurants to limit trans fat engendered foods. Instead of solely reporting on what a panel of companion animal experts suggested to enhance public safety and lessen dog bites, the Tribune chose this opportunity to suggest aldermen have been going too far. This story proved to do irreparable damage.

Read the story here 

The radio reports were generally quite good, particularly Judy Pielach’s coverage on WGN Radio (really, really, not just saying that because I also work there). TV reports varied from very accurate to not quite as accurate.  

Again, I appeared with John Williams, and also Steve King and Johnnie Putman on WGN Radio, all were fair. Other radio talk shows either did us no favors, or simply didn’t offer much coverage – with the Big Box issue beginning to loom larger in the news. 

Interestingly, the Chicago Sun Times piece was mostly about dogs dining at restaurants, failing to mention much of all about our initiatives about microchipping and tethering. In retrospect we introduced too many dog related ordinances all at once. I wish we had introduced the doggy dining out ordinance another time; it stirred more controversy than predicted, and distracted.  

Here’s my post on the subject from my WGN Radio BLOG:

STEVE RANTS ON DOGS DINING! Please post your comments HERE

Aldermen Eugene Schulter and Walter Burnett want to officially sanction restaurants to allow dogs outside on patios and sidewalk cafes.

I take some credit (or blame) because ever since I wrote the first DogGone Chicago book, restaurants increasingly welcomed dogs...Also, there are just more outdoor patios - as restaurants learned people love eating outside!

But then about two years ago, city health inspectors began to crack down claiming dogs dining outside was against code.

There's ambiguity about that. Alderman Schulter figured the best way to deal with the confusion was to simply officially create an ordinance that would allow dogs if the restaurant determines it wants to allow canine clientele. Coincidently, Gov. Jeb Bush just introduced a similar proposal for the entire state of Florida.

Aside from enhancing quality of life, since the dogs bring their people who pay a tab - doggy dining actually enhances business. That's important for any restaurant these days...If they want to allow dogs, shouldn't that be up to them to do as these please with their own business?

According to several sources - there has never been an incident involving a dog that has ever created a serious problem.

I do wonder what Ald. Burt Natarus is barking about. And I personally found his comments in the newspaper about his colleagues (fellow Aldermen) to be unprofessional and childish, the reason people disrespect politicians.

His obersvations about dogs always going after hamburger meat because food 'brings out the wild in them' - is simply ignorant in my view.

I thought Natarus was a dog lover. Moreover, I really thought he's supposed to be a cheerleader for the 'little guy.' That's what he's maintained for all these years. Well, when it comes down to it - that's what most restaurants are, small businesses.

As for any health issues, Dr. J.B. Bruederle, president of the Illinois Veterinary Medical Association told me on the air that if there's a health problem - it's the birds...not only flying over head but also walking on tables where people eat. If a dog does scarf something down, it's usually from the side-walk, where people I know rarely eat from. Bruederle isn't alone - each and every veterinarian I know agrees.

Schulter and Burnett only want to sanction what so many restaurants have been doing for several years....

Whether or not you agree with me - here's a great place to post your comments. I know Chicago Aldermen will see them.

steve dale 

Politics is a funny thing…Truth is the idea of dogs dining outside with their people could and should have played out differently, and far more successfully (although I’m confident this will ultimately go through). The blame greatly goes to an animal assisted therapy group in Chicago who desperately wanted to have their fund raising event with dogs dining out. 

Here’s what happened. Ald. Schulter had announced on my WGN Radio show that he’d propose to create an ordinance to allow dogs to dine on outdoor patios and cafes, dependant on if individual restaurants wanted to allow canine clientele.  I had long discussed this issue with a few Aldermen, including Schulter (as I explained in the BLOG post above).  

I phoned this animal assisted therapy group, figuring they would be thrilled. Instead, they told me they were set to meet with Ald, Burnett on this same issue. I asked them not to – to wait until Ald. Schulter returned from an out of town trip and then invite Schulter to speak with Burnett. However, they ignored my advice. Burnett had no way to know Schulter had already planned on an ordinance and announced the idea on my program (since the group withheld that information from Burnett). So, enthusiastically Ald. Burnett went public while Ald. Schulter was out of town. Unfortunately, Ald. Burnett failed to get ‘buy in’ from the City and the Department of Health first or from the state of Illinois Department of Health before making his media splash.  

I don’t fault Ald. Burnett; he had no way to know of Shulter’s plan in progress. Schulter’s office had even prepared to have a press conference upon his return. Burnett’s hype usurped that thought. In fact, now there was now a need for damage control. Luckily, for starters, Schulter is conciliatory, so he and Burnett are now co-sponsoring the reasonable effort to allow dogs to legally dine outdoors. Still, as of this writing, the city and state health departments have to be worked with.  It’s unfortunate this animal assisted therapy group couldn’t see beyond their own immediate interests and didn’t seek advice from others involved (which would have been the same as mine), I tell this long story, in part, because – as I said – the doggy dining topic turned out to be a distraction which also hurt our other initiatives for the city.  

Finally, on July 26, 2006 – two days after the hearings, it’s time for a vote on our Ad Hoc Group’s proposals at City Hall. 

I get off the elevator greeted by hundreds of protestors chanting ‘Who Let the Dogs Out.”  For a split second, I thought the tune was for me… These folks were all there for the Big Box issue, to determine if large stores such as Target and Home Depot need to give their employees a certain living wage. The press turn out was overwhelming, but they weren’t there for any dog issues. Big Box had taken over.  

Cynthia and I went through back doors to get around the crowd and into council chambers. Ald. Schulter waves, and comes over just to chat when an aid to Mayor Daley joins us with the city attorney who wrote our ordinances. The aid said that the Mayor was only recently made aware of the ordinances (which boggles our minds since these had been in the works for some time, and we were told the Mayor had seen these). We were told the Mayor was against the mandatory microchipping and also against our anti-tethering effort.  

This was around five minutes before the ordinances would be introduced. . . Instead of fighting the Mayor, and given the mood of Aldermen and the craziness over the Big Box issue – we agreed to temporarily table these plans. Clearly, we thought the anti-tethering effort, in particular, was just a matter of time and education. 

Alderman Schulter’s kennel and day care initiatives, as well as increased fees for dogs repeatedly landing in shelters sailed through the council. The vote 50 to 0!  

Here’s the memo Cynthia and I sent out to our Ad Hoc Group:  

To Our Fellow Ad Hoc Committee Members

From Steve Dale and Cynthia Bathurst

Not surprisingly, the “big box” issue before City Council took the day and the attention (City Hall was jam-packed and noisy).  Nevertheless, the animal-related ordinances were definitely not ignored.  Here’s what’s been accomplished as a result of our work:  

    o       Breed-specific legislation in Chicago is dead and widely understood to be ineffective (at least for now).

    o       Public officials have interacted  with companion animal experts from various fields on ALL issues relating to companion animals, particularly increased involvement of veterinarians.  Because of the successful collaborations, Alderman Schulter has announced that this coalition of experts representing various organizations, the Task Force on Companion Animals and Public Safety, is now authorized under the auspices of the License and Consumer Protection Committee. 

      O  We’ve crafted a model for other cities to pre-empt BSL legislation, or to deal with public officials proposing BSL.

    Important legislation enacted today:

    -        Greater differential fees for dogs that have not been spayed or neutered, providing a larger financial incentive for spay/neuter. As you know dogs not neutered yearn to roam, which may endanger the public and endangers dogs. In addition, this an attempt to lessen the number of reproducing dogs, and thereby lessening numbers relinquished to shelters.

    -        Humane standards for doggie day care, kennels, grooming services and guard dog services (thanks largely to the work of Alderman Schulter’s committee that preceded our existence by a couple of years, though several receiving this email worked on that committee as well).

    -        Microchipping for all dogs using kennels and doggie day care, and microchipping of dogs in guard dog services.

    -        Increased fees and requirements for owners of chronically wandering dogs

The following pieces of our “package” have not been passed through the License and Consumer Protection Committee, and have been deferred though not necessarily derailed:

    o        Tethering guidelines (deferred to what may be a 'technical point')

    o       Microchipping for all dogs in Chicago.

          Education initiatives suggested by the Ad Hoc Committee, now called the Task Force on Companion Animals and Public Safety, are non-legislative and ultimately up to all of us to follow up on. More on those soon.

          We should be proud of what we have accomplished. Alderman Schulter and Alderman Coleman’s support has been enthusiastic and unconditional. Each and every person involved, and those organizations represented explain our successes. Still, there is more work to do to enhance pubic safety. We hope you’re up to the task of assisting and guiding us.  

I am grateful for the cooperation of so many, those on our ad hoc committee (now officially called The Committee for Companion Animal Welfare and Public Safety), particularly my co-chair Cynthia Bathurst; the Illinois State Veterinary Medical Association (even outside Chicago vets had to sign off on what we wanted in Chicago) and most especially Dr. J.B. Bruederle’s leadership; the Aldermen (who I must say have been great to work with); Rottweiler breeder Karen Perry’s fingers on the Internet and support from readers and listeners. However, more support from the public would have helped. All in all one very big reason why BSL happens is public apathy, and also apathy from the professionals (dog trainers, vets, etc.). We saw our share . . . yet, we enjoyed more involvement than some communities. 

I will leave it up to you to tell me if you thought we’ve succeeded in Chicago, or how much so. If nothing else, we showed it’s possible you can beat BSL. 
 
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