1st hearing in challenge of Beaufort County pit bull rules settles little
Gabriela Gonzalez does not have to spay her dog Kyra.
At least not yet.
Gonzalez, who late last year became the first pet owner to challenge Beaufort County's new regulations that mandate pit bulls be spayed or neutered, had her day in court Tuesday.
It could be the first of many.
PIT BULL OR NOT?
Gonzalez's case began last November when Kyra broke free of her leash during a walk along Burnt Church Road in greater Bluffton.
Kyra was picked up by a passing driver and taken to the Beaufort County Animal Shelter, where employees determined her to be a pitbull and therefore must be spayed.
Animal services officials notified Gonzalez that she had 30 days to comply.
Gonzalez balked at the order, arguing that Kyra is not a pit bull, but an American bully, which some canine pedigree registries recognize as a unique breed.
Also, Gonzalez said Kyra is a show dog and "if she is fixed, she cannot be shown again."
Gonzalez appealed the county's breed determination and a hearing on the matter was held Tuesday in Beaufort County Magistrate Court before Judge Jose Fuentes.
A MATTER OF JURISDICTION
As arguments began, debate over Kyra's breed was sidelined as Gonzalez's attorney Beth Prince took aim at the pit bull ordinance itself.
The regulations are written is such a way that inevitably results in "serious procedural problems" when breed determinations are appealed, she said.
Prince, a former magistrate judge who is representing Gonzalez pro bono, said state law sets specific guidelines on what types of cases magistrate courts can hear -- typically contract and property lawsuits.
Administrative matters such as disputes between residents and county agencies do not fit that bill, Prince said.
Assistant county attorney Allison Coppage countered that the state does indeed grant local governments the right create animal regulations and use the magistrate court to adjudicate disputes.
"The proper venue (for Gonzalez's case) is the magistrate court," she said. "If this (case) were to be heard by another court, I'm not even sure what court that would be."
Prince requested that a jury step in and settle the matter, but Fuentes shot down that motion.
And while Fuentes said aspects of the pit bull regulations can be confusing as currently written, he ruled in favor of the county on the question of jurisdiction -- the magistrate court would preside over Gonzalez's appeal.
"There is a county ordinance on the books that I am bound by" and it establishes the jurisdiction of magistrate judges in appeals, he said.
Fuentes said he is not willing "to go back and say that county ordinance is invalid."
STRIKING AN AGREEMENT
After Fuente's ruling on jurisdiction, the county was prepared to present evidence that Kyra "is in fact a pit bull," Coppage said.
But before any exhibits were presented, attorneys for both sides stepped out of the courtroom and returned minutes later with a compromise.
Worried that the court would likely decide Kyra indeed "meet(s) the definition Beaufort County has established for a pit bull" and be ordered immediately spayed, Prince threw a legal Hail Mary of sorts.
Still unsatisfied with Fuente's ruling on jurisdiction, Prince said her client will appeal that decision in Beaufort County Circuit Court.
Meanwhile, Gonzalez will accept the county's determination that Kyra meets the characteristics of a pit bull, so long as the county doesn't levy fines or force spaying while the appeals process plays out.
Coppage agreed to those terms and said the county "intend(s) to take no action" before the appeal is heard.
Prince and Gonzalez are banking on a circuit court judge overruling Fuente's decision that the magistrate court is an appropriate venue for breed determination appeals.
"If the circuit court rules (that a lower court lacks) jurisdiction, that means that any previous order is null and void," Prince said. "So it would essentially be like (the county's order to spay Kyra) never happened."
By accepting the county's breed determination before the court, Kyra will likely be spayed if the appeals process doesn't go Gonzalez's way.
Fuentes gave his blessing to the agreement and ruled that Gonzalez must file her circuit court appeal within 30 days.
"I want to give the pet owner the chance to get this procedure properly done," he said.
After Tuesday's hearing, Gonzalez said things "did not go how (she had) hoped. But I have faith that (the appeal) will turn out like it should."
If her pet is ultimately spayed, Gonzalez said she will mourn the end of Kyra's career as a show dog, but will continue to think of her as a beloved member of her family.
"Nothing will change my love for my animals," she said. "I have a child that loves them, I love them."
Follow reporter Lucas High on Twitter at twitter.com/IPBG_Lucas.
Related content:
July 10, 2015 As the Beaufort County Animal Shelter bulges with pit bulls and pit bull mixes, and as bites rack up, breed-specific sterilization becomes an option. | READ
- Beaufort County pit bull owners urged to get ready for new rules, Oct. 20, 2015
- Update: Bluffton woman challenges new Beaufort County pit bull rules, Dec. 1, 2015
This story was originally published January 12, 2016 at 5:33 PM with the headline "1st hearing in challenge of Beaufort County pit bull rules settles little."