Ruling in Padi the dog case in Bradenton could come in 2 weeks

MANATEE -- After both parties argued the Florida dangerous dog statute should be ruled unconstitutional, Padi's fate is now in the hands of Judge Andrew Owens Jr., who is expected to issue a written ruling in as soon as two weeks.

On the five-month mark of when Padi bit a young boy, more than 100 Padi supporters wearing blue and Free Padi shirts filled the Manatee Judicial Center for a hearing Wednesday.

A full courtroom meant some Padi supporters had to wait outside during the hour-long hearing.

"There's a lot of people who couldn't get in and they are not happy," Owens said at the beginning of the hearing. "The sunshine violation does not apply to courtrooms."

Robert Eschenfelder, Manatee County chief assistant county attorney, and attorney Charles Britt, on behalf of Paul Gartenberg, Padi's owner, spoke during the hearing. Both attorneys, who referred to previous cases in their arguments, said the statute is interpreted differently from county to county.

"The court once and for all needs to parse this issue," Eschenfelder said.

A little after 2 p.m. Wednesday, Owens began the hearing on the Padi case and the constitutionality of a state law requiring dogs to be killed if they cause a severe injury.

"I realize this is an emotional case but in a courtroom civility must prevail," Owens said.

Pointing to the fact the statute provides no exemptions and a substantial lack of due process, Britt said it does not allow any defenses and is unconstitutional. Britt also used the Stand Your Ground law during the hearing.

"Two people can look at the same law and read it differently. That in of itself makes it unconstitutional," Britt said after the hearing. "Law should be clear and that there is no guesswork."

Britt said he felt pretty good about his case.

"Judge Owens is a great judge," he said. "He's been around a long time. He's got a lot of common sense and I think he sees things for what they are. I think he's a firm believer in the Constitution, like all of our judges, and I think that they will see that this statute has got a little bit of problem, and I think the way it is being enforced here in Manatee County, that they are going to see that that's unconstitutional and hopefully rule that way as well."

After the hearing, Gartenberg, Padi's owner, echoed Britt.

"It seems like reasonable people making reasonable decisions," Gartenberg said.

Padi, a 4-year-old male Labrador mix, bit a child's ear June 4 when the child and his babysitter were visiting the Pet Clinic, 714 60th St. Court E., Bradenton, which is owned by Gartenberg.

Accounts differ on whether the child lunged at Padi in an effort to get him out from under the desk or if Padi lunged at the child when he bent over to pick up a toy by the desk.

The Padi case has gained international attention. Gartenberg said he hopes Manatee County "is taking note of this to help other people as well."

"They've been a long five months," Gartenberg said. "I would have never guessed in a million years what has transpired in the last five months with this dog. Our lives have changed in an instant. ... I hope that we get to the end of this."

When asked how Padi was released to the Gartenbergs in August while the judge decided his fate. Gartenberg said "Padi is home under house arrest. He's doing pretty well though he's oblivious."

Bradenton resident Kelly Wiehl said she came to the hearing to show her support of Padi, who she says is wrongfully accused. Wiehl said she is hoping for justice to be served.

"I'm very optimistic," Wiehl said after the hearing. "I think we have a good attorney and very optimistic (the judge) will do the right thing and Padi will be freed."

Bradenton resident Clyde Wiggins, who goes to the Pet Clinic, said he came to support Padi, adding he is optimistic Padi will be freed.

"I thought everything was presented well," he said. "Dr. Gartenberg's attorney was more forceful."

In the summer, Eschenfelder and Britt filed a joint motion asking the circuit court to rule on the constitutionality of the state law. If the court rules the law unconstitutional, then Padi will be released and the case closed.

"The county would not appeal such a ruling, but would instead suggest it would further support the need for the Legislature to revise the law in its 2016 session, as our county commission requested recently," Eschenfelder has said.

If the court rules the law is constitutional, then Gartenberg would have the choice to either return to the hearing officer process or appeal the court ruling to the Second District Court of Appeal.

During the hearing, Eschenfelder said a bill sponsored by state Rep. Greg Steube, R-Sarasota, to keep dogs from automatically facing euthanasia after they bite someone and cause severe injuries passed its second of three required subcommittee hearings Wednesday morning. House Bill 91 passed the local government affairs subcommittee.

"The bill is moving," Eschenfelder said. "It appears that our Legislature, when faced with these facts, says: 'Well, we have a problem here.'"

Claire Aronson, Manatee County reporter, can be reached at 941-745-7024. Follow her on Twitter@Claire_ Aronson.

This story was originally published November 4, 2015 at 6:28 PM with the headline "Ruling in Padi the dog case in Bradenton could come in 2 weeks."