The state of Oklahoma is one of a handful of states that actually bans breed specific legislation.  Click here for a list of the other states. 

On September 18, 2007 the State Attorney General issued an opinion that any breed specific ordinances violated the state ban.

In November, 2007 the Oklahoma Court of Civil Appeals found in a recent case that an injunction should have been issued to stop a pit bull from being euthanized and allow an adopter to take him from the shelter.  Oklahoma City has a policy of refusing to adopt out pit bull terriers from its animal shelter.  In its opinion the Court stated, "The plain meaning of the statute forbids (the) City from regulating ...dogs by breed....The Policy adopted by City's Animal Welfare Superintendent does just that. Therefore, the Policy is in conflict with the statute and must fail."

The ruling reversed a decision by Oklahoma County District Judge Vicki Robertson.

The case started when Karen Lewis attempted to adopt a pit bull terrier from the shelter; Lewis had actually called animal control to have the dog removed from a home where she said it was left tied to a tree without food or water.

When the shelter refused then to adopt the dog to her, Lewis sought an injunction to stop the shelter from euthanizing the dog and let her adopt it. Judge Robertson sided with the shelter and denied the injunction. The dog was euthanized, but Lewis appealed anyway.

Because the ruling by the Civil Court of Appeals only addressed whether an injunction should have been issued, it is now up to Judge Robertson to decide if, in fact, the city's rule regarding pit bulls is invalid under state law.

Oklahoma City is not the only city in Oklahoma that is attempting to circumvent the state's ban on breed bans. Midwest City and Del City both have breed bans. The Del City manager has said the breed ban was "grandfathered" in when the state prohibition on BSL was passed. But that law does not contain a grandfather clause.  4 OK Sec. 146, a copy of which is in Animal Law Coalition's Laws.

For its part, Midwest City has said its breed ban is valid as an exercise of home rule, a way municipalities can override state law on matters of purely local concern. The city attorney announced plan to seize any pit bull seen in public. The Oklahoma state Attorney General, however, issued an opinion in August 2005 that breed bans involve issues that concern both the state and the municipalities and that any breed ban in Oklahoma  is illegal.    

Call on Catherine English, Superintendent of Oklahoma City's Animal Welfare Department, to follow the law and stop the unwritten breed ban and allow pit bulls to be adopted from the city's shelter. You can reach her at  catherine.english@okc.gov, or call her at 405 297-3100 or fax her a letter at 405 297-3120.

Also, call on Midwest City and Del City to comply with state law and repeal their breed bans.

Click here for contact information for Midwest City.

Contact Del City officials: