On August 1, 2007 the Ohio Supreme Court found Ohio and Toledo breed specific laws are constitutional. Both the state of Ohio and Toledo laws say pit bull type dogs are automatically deemed "vicious" dogs and subject to certain restrictions simply because of their breed. Toledo also limits the number of pit bulls per household.
Paul Tellings petitioned the U.S. Supreme Court to take the case. That Court declined to hear the case.
Tellings told the U.S. Supreme Court these laws should be held unconstitutional, saying "it is clear that there is no rational basis to restrict or ban the ownership of a specific breed of canine…."The breed-specific laws in Ohio do nothing but cause U.S. citizens to be criminally charged, dogs to be impounded and destroyed. The public receives no protection, and dog fighting and illegal activity is not reduced or even addressed".
Indeed, Lucas County where Toledo is located, seized more pit bulls than ever, more than 1300, as opposed to 50 in 1993. And local animal control attributes that to dog fighting.
Tellings’ case, in particular, demonstrates how nonsensical these laws are. He was cited by Toledo authorities for having 3 pit bull dogs, one more than the limit. The problem is the third dog was an AmericanÂ bull dog that animal control improperly identified.
The Supreme Court is not obligated to hear the case, and the justices take very, very few cases.