Southside kennel to appeal closure
Neighboring nuns win proximity case
Southside kennel to appeal closure
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By Jane Glenn Cannon
Published: July 15, 2008
NORMAN — Malosi, a grand champion American pit bull terrier, showed well Monday. With a single finger loosely hooked through the dog's leash, owner/handler Kenneth Gonzales proudly paraded the dog in a circle, ordering him to sit, stay and even give him a kiss on command.
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Kennel owner given time to relocate
The judge issued a temporary injunction against Gonzales because his kennel at SW 142 and S Blackwelder is within 2,000 feet of the Villa Teresa Moore School and because Gonzales did not have a kennel license when the law went into effect in June.
Lucas stayed the injunction for 30 days to allow Gonzales time to find somewhere else to house his 25 American pit bull and American Staffordshire terriers, sometimes commonly referred to as pit bulls. Or, the judge said, the order would be stayed indefinitely if Gonzales files an appeal with the state Supreme Court.
Gonzales' attorney, Mickey Homsey, said his client will appeal.
Key issues remain
The judge said he was not ruling on the constitutionality of the new law — at least, not yet. Lucas asked attorneys to file briefs on the question of whether the law is constitutional and granted a request that the state attorney general's office intervene in the case.
Homsey said the law targets Gonzales and is selective enforcement because it applies only to cities of populations above 300,000. The school and kennel are in south Oklahoma City. Kevin Calvey, who represents the Roman Catholic nuns who operate the preschool, said hundreds of laws differentiate by population.
The nuns are seeking a permanent injunction to shut Gonzales' kennel because they believe the dogs are a threat to the children in their school.
Sister Patricia Miller testified a field separates the kennel from the school playground and that if a dog got loose, "it's a straight shot to the playground.”
Gonzales testified three of his dogs got out once shortly after he moved onto the property. A neighbor corralled them, called him, and the dogs were retrieved within 10 minutes, he said. Since then, fences have been built and reinforced.
An 8-foot wooden perimeter fence surrounds the property, he said. An 8-foot chain-link fence with concrete footing surrounds the kennel area, and each dog's pen is fenced with chain link.
His dogs are show quality dogs with good temperament, Gonzales said. "They are not pit bull mongrels,” which might be dangerous, he said.
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Second - As much as I would like to side w/ the dogs/owner, my heart tells me to side w/ the children. It only takes one time - if a child is bitten, or heaven forbid, mauled to death because the dog is having a bad day, then that's one time too many. Does a child have to die to give in to the law? This is about being proactive, not reactive to an 'accident'. I say take the loss and move further away!