Transforming the Robocops: Changing Police in South Africa

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Whether the ordinance will be applied in a discriminatory fashion is a question that cannot be determined in the context of this pre-enforcement action." 42 The Court of Appeals of Wisconsin reviewed a lower court decision which determined that a City of South Milwaukee ordinance imposing restrictions on the ownership and keeping of "pit bulls" was valid. 43 The appellate court affirmed the lower court holding that the "pit bull" aspects of the ordinance were not facially invalid for vagueness or overbreadth, nor did the ordinance violate the dogs' owners' right to equal protection of the law. 44 Conversely, in a 1989 decision, a Massachusetts court found an ordinance severely restricting possession of pit bulls to be unconstitutionally vague: "If identification by breed name does not provide sufficient ascertainable standards for enforcement, then the 'definition' of "Pit Bull" in the. .. ordinance, which is devoid of any reference to a particular breed, but relies instead on the even less clear "common understanding and usage" of the term "Pit Bull," is not sufficiently definite to meet due process requirements.

Pages: 291

Publisher: University Of KwaZulu-Natal Press (September 1, 2005)

ISBN: 1869140435

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