City of Toledo v. Tellings

871 N.E.2d 1152, 114 Ohio St. 3d 278
CourtOhio Supreme Court
DecidedAugust 1, 2007
DocketNo. 2006-0690
StatusPublished
Cited by20 cases

This text of 871 N.E.2d 1152 (City of Toledo v. Tellings) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Toledo v. Tellings, 871 N.E.2d 1152, 114 Ohio St. 3d 278 (Ohio 2007).

Opinions

Moyer, C.J.

{¶ 1} Appellant, the city of Toledo, appeals from the judgment of the Court of Appeals of Lucas County that held R.C. 955.11 and 955.22 and Toledo Municipal Code 505.14 unconstitutional. For the following reasons, we reverse the judgment of the court of appeals.

{¶ 2} Appellee, Paul Tellings, a resident of the city of Toledo, owned three dogs identified as pit bulls. Tellings was charged by the city for violating Toledo Municipal Code 505.14(a) and R.C. 955.22. The Toledo Municipal Code limits ownership of vicious dogs, as defined in R.C. 955.11, or dogs commonly known as pit bulls or pit bull mixed breeds, to one in each household, and the Ohio Revised Code requires an owner of a pit bull to obtain liability insurance for damages, injuries, or death that might be caused by the dog.

{¶ 3} Tellings challenged the constitutionality of Toledo Municipal Code 505.14(a) and R.C. 955.22 and 955.11(A)(4)(a)(iii), which includes pit bull in the definition of “vicious dog.” The trial court conducted a hearing on appellee’s motion, and several witnesses testified for both parties regarding the traits and characteristics of pit bulls. The court found that as a breed, pit bulls are not more dangerous than other breeds but that the evidence supported the city’s claim that pit bulls present dangers in an urban setting.

{¶ 4} The trial court found that property rights are subject to a government’s police powers. The court stated: “The fact that such legislation may have an adverse effect on a segment of the dog population not presenting a danger to the public does not make the legislation overbroad. Legislation will only be considered overbroad if it is applicable to conduct protecting a fundamental constitutional right * * * and this does not include the category of ownership of dogs.” The court found that Tellings’s evidence did not prove beyond a reasonable doubt that Toledo Municipal Code 505.14 was unconstitutional.1

{¶ 5} In a split decision, the court of appeals reversed the trial court, holding that R.C. 955.11 and 955.22 and Toledo Municipal Code 505.14 were unconstitutional. Toledo v. Tellings, Lucas App. L-04-1224, 2006-Ohio-975, 2006 WL [280]*280513946. The court of appeals held that the three laws violated the right to procedural due process, substantive due process, and equal protection, as guaranteed by the Fourteenth Amendment to the United States Constitution and Section 16, Article I of the Ohio Constitution, and were void for vagueness.

{¶ 6} First, relying on the rationale of State v. Cowan, 103 Ohio St.3d 144, 2004-Ohio-4777, 814 N.E.2d 846, the court of appeals held that R.C. 955.11 and 955.22 and Toledo Municipal Code 505.14 were unconstitutional because the three laws violated procedural due process. In Cowan, we held that “R.C. 955.22 violates the constitutional right to procedural due process insofar as it failed to provide dog owners a meaningful opportunity to be heard on the issue of whether a dog is ‘vicious’ or ‘dangerous’ as defined in R.C. 955.11(A)(1)(a) and (A)(4)(a).” Id. at syllabus. In this case, the court of appeals held that because Tellings did not “have an opportunity under [R.C. 955.22] to offer evidence that his pit bulls were not vicious in order to refute the charges,” Tellings, 2006-Ohio-975, 2006 WL 513946, at ¶ 48, the laws were unconstitutional.

{¶ 7} The court of appeals also held that the laws violated Tellings’s rights to equal protection and substantive due process because, once the trial court had determined that the American Pit Bull terrier was not inherently dangerous, the laws were not rationally related to a legitimate state interest. The court of appeals stated that the evidence presented at the trial court had disproved the presumption that pit bulls are inherently dangerous.

{¶ 8} Finally, the court of appeals held that the three laws were unconstitutional because they were void for vagueness. The court of appeals stated that it was “troubled by the lack of an exact statutory definition of ‘pit bull’ ” and the “highly subjective nature of the identification process.” Tellings, 2006-Ohio-975, 2006 WL 513946, at ¶ 73.

{¶ 9} We accepted discretionary review to consider the constitutionality of R.C. 955.11 and 955.22 and Toledo Municipal Code 505.14.

{¶ 10} R.C. 955.11 states:

{¶ 11} “(A) As used in this section:

{¶ 12} “ * * *

{¶ 13} “(4)(a) Wicious dog’ means a dog that, without provocation and subject to division (A)(4)(b) of this section, meets any of the following:

{¶ 14} “(i) Has killed or caused serious injury to any person;

{¶ 15} “(ii) Has caused injury, other than killing or serious injury, to any person, or has killed another dog.

{¶ 16} “(iii) Belongs to a breed that is commonly known as a pit bull dog. The ownership, keeping, or harboring of such a breed of dog shall be prima-facie evidence of the ownership, keeping, or harboring of a vicious dog.”

[281]*281{¶ 17} R.C. 955.22(A) states:

{¶ 18} “As used in this section, ‘dangerous dog’ and .‘vicious dog’ have the same meanings as in section 955.11 of the Revised Code.”

{¶ 19} Toledo Municipal Code 505.14(a) states:

{¶ 20} “(a) No person or organization or corporation shall own, keep, harbor or provide sustenance for more than one vicious dog, as defined by Ohio R.C. 955.11, or a dog commonly known as a Pit Bull or Pit Bull mixed breed dog, regardless of age, in the City of Toledo, with the exception of puppies commonly known as Pit Bull or Pit Bull mixed breed for which the owner has filed an ownership acknowledgement form in person with the Dog Warden of Lucas County, prior to reaching seven (7) days of age. The ownership of these puppies must be transferred according to Ohio R.C. 955.11 before they are three (3) months of age. Additionally, this section requires that all vicious dogs, as described in the Ohio Revised Code, or dogs commonly known as Pit Bull or Pit Bull mixed breed dogs are required, when off the owners’ premises, to be securely confined as described in Ohio R.C. 955.22 and muzzled.”

{¶ 21} Our resolution of the issue presented turns on whether the statutes and the ordinance in question are valid exercises of police power by the state and the city. If R.C. 955.11 and 955.22 and Toledo Municipal Code 505.14 are rationally related to a legitimate interest of the state and the city in the public’s health, safety, morals, or general welfare, they are constitutional. See Benjamin v. Columbus (1957), 167 Ohio St. 103, 4 O.O.2d 113, 146 N.E.2d 854, at paragraph five of the syllabus.

{¶ 22} We begin with the well-established legal principle that “ ‘[t]he legislature is the primary judge of the needs of public welfare, and this court will not nullify the decision of the legislature except in the case of a clear violation of a state or federal constitutional provision. Williams v. Scudder (1921), 102 Ohio St. 305, 131 N.E. 481, paragraphs three and four of the syllabus.’ ” Beagle v. Walden (1997), 78 Ohio St.3d 59, 61, 676 N.E.2d 506, quoting Savoie v. Grange Mut. Ins. Co. (1993), 67 Ohio St.3d 500, 515, 620 N.E.2d 809 (Moyer, C.J., dissenting).

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Bluebook (online)
871 N.E.2d 1152, 114 Ohio St. 3d 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-toledo-v-tellings-ohio-2007.