Ohio Supreme Court upholds Youngstown’s vicious-dog law

COLUMBUS – The Ohio Supreme Court has upheld as constitutional a Youngstown city ordinance that requires vicious dogs to be confined and requires the state to prove at trial that a defendant’s dog is vicious or dangerous.

The court’s 5-2 majority opinion, authored by Justice Evelyn Lundberg Stratton and released today, reversed a decision of the Youngstown-based 7th District Court of Appeals, which said the ordinance violated a dog owner’s right to due process of law and was therefore unenforceable.

The case arose from an April 2007 incident in which David Roch of Youngstown and his small dog were attacked while walking in Mill Creek Park by two unleashed and unaccompanied Italian Mastiff/Cane Corso dogs, a male weighing about 170 to 180 pounds and a slightly smaller female.

Roch was bitten on the hand and wrist, and his dog suffered several bites before they were able to retreat to a residential garage bordering the park. Police officers summoned to the scene subsequently shot and killed both of the attacking dogs when they advanced toward the officers in what was perceived to be an aggressive manner.

For the complete story, see Thursday’s Vindicator and Vindy.com