Southside kennel to appeal closure
Neighboring nuns win proximity case
Southside kennel to appeal closure

Comments Comment on this article9

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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The two weren't in a show ring, however. They were on the lawn of the Cleveland County Courthouse. District Judge Tom Lucas sipped a cup of coffee as he watched the dog perform. He had agreed to recess court to observe the demonstration.

"This dog is a killer?” Gonzales asked a small crowd that had gathered.

But back inside the courtroom, Lucas ruled against Gonzales in a case that tests a new state law banning dog kennels within 2,500 feet of a school or day care in Oklahoma City or Tulsa.

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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Firt off - Richard, very inappropriate - it could easily be a white redneck that's in this postition.
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!
Patricia, Oklahoma City - Jul 15, 2008 at 12:52 pm
OK...I actually like Pit Bulls and think they're handsome dogs, but in my many years of EMS, I have seen 2 cases where an owner's loving and gentle Pits turned on them, killed them, and partially ate them. These were NOT unfed or abused dogs. I've seen another attack a boy at a bus stop and give him over 300 stitches, and one other that was raised from a puppy mauled a horse that it had known all it's life, then turned on the owner who was trying to help the horse. All of these dogs were loving family pets. What happened to them? I've never seen this "Jeklyl & Hyde" behavior in any other breed.
Laura, Duncan - Jul 15, 2008 at 12:46 pm
This is very sad. It's okay for a sex offender to live 2000 feet from a school but dog kennels need to be 2500 feet from a school. Pit bulls are wonderful, sweet, loving dogs.!!!Get a life and do something positive for our community instead of complaining all the time!!
Tasha, OKLAHOMA CITY - Jul 15, 2008 at 11:41 am
mickey homsey is a crook, of course he is going to appeal
W, Wahoo - Jul 15, 2008 at 10:45 am
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Frequently, in the news, Pit Bulls are reported to have severely hurt, or killed children and adults. I do not think that all Pit Bulls are dangerous. I do beleive that any Pit Bull, Rottweiler, German Shepherd and others can be extremely dangerous. Their musculature, breeding standards and irresponsible owners make these animals extremely dangerous. 25 Pit Bulls (or any other dog for that matter), is way to many, to be assured that the children at this school would always be safe. Any dog can bite a child, but not all have the ability to maul and or kill one. It is unfortunate for this man, who appears to be a responsible dog owner, but there is no way he can assure that these dogs will never be aggressive. It is to much of a risk.
Kim, Oklahoma City - Jul 15, 2008 at 10:33 am
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Way to go Richard, for making this state look like what we are stereotyped for...racists. I doubt they guy even knew about laws regarding his kennel if I had to guess.
Nick, Oklahoma City - Jul 15, 2008 at 9:50 am
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i agree with you Elizabeth! They give that breed such a bad rep when in all actuality, they are a great breed! Working as a vet tech, I have delt with breeds that have a bad rep and a pit bull has never been one of them!
Ashley, oklahoma city - Jul 15, 2008 at 8:52 am
This is very sad. It's okay for a sex offender to live 2000 feet from a school but dog kennels need to be 2500 feet from a school. Pit bulls are wonderful, sweet, loving dogs. I think that Villa Teresa Moore School needs to do some much needed research on dogs. I think then they would find that pit bulls are not dangerous.
Elizabeth, El Reno - Jul 15, 2008 at 7:54 am
just like a latino to ignore the law for it's gain, what else is new?
richard, oklahoma city - Jul 15, 2008 at 6:35 am

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