The report notes a number of practical and legal problems with breed specific legislation. Mere descriptions of the dogs to be banned rely on subjective observation and dog owners may successfully challenge such laws as unconstitutionally vague and in violation of due process. Because all dogs may inflict injury on property and people, ordinances singling out a breed are incomplete and in violation of the owner's equal protection rights under the Constitution. Furthermore, people who want an aggressive dog will simply pick another breed bred or trained for aggression. Recent statistics from the American Temperament Test Society, Inc. reveal that pit bulls score better than the national average.
Aggression is a key component of the test, and dogs displaying unprovoked aggression fail.
Further, temperament studies do not support a theory that pit bulls are more likely to bite than other dogs. Aggression is a key component of the test. Dogs displaying unprovoked aggression fail the test. When Cincinnati, Ohio contracted with a county shelter to house dogs impounded under its ban on American Staffordshire terriers and Staffordshire Bull terriers, all dogs that looked like the banned breeds were impounded, sometimes upwards of 50 dogs at any given shelter. Owners challenged the impoundments and county costs for sheltering and legal fees escalated.