Padi the dog finally free to relief of owners, community; euthanasia law ruled unconstitutional

Padi is finally free. With the fate of the 4-year-old male Labrador mix secure, thanks to an expected favorable judicial ruling, Paul Gartenberg can also breathe freely. His precious pet no longer faces euthanasia under Florida's flawed dangerous dog statute and can now return to his Pet Clinic, should Gartenberg take Padi back to the scene where this saga began.

Judge Andrew Owens struck down Florida's patently unfair law that required canines responsible for severe injuries to be put down without question. Other courts around the state have also ruled the statute unconstitutional for denying due process by not allowing a defense, but the law remained on the books.

The circumstances surrounding Padi's bite of a 4-year-old child at Gartenberg's clinic in June lacked clarity from day one. While witnesses largely agreed that Padi retreated into a corner of the office to elude the child, the youngster followed. Then the accounts clash over whether the child or Padi lunged at the other first.

The child required stitches and reconstructive surgery, thus triggering a portion of the dangerous dog law that mandates canines that cause severe injury to people be euthanized.

Manatee County Animal Services followed the law to the letter, to the consternation of pet rescue organizations and animal rights advocates here and around the country, many citing legal rulings that did not apply to this jurisdiction. County commissioners were wrongly blamed, too, even pummeled with messages containing horrible comments and accusations.

To the great relief of Padi's defenders and pet lovers, Judge Andrew Owens ruled this week that the provision of the statute being applied to Padi failed to follow the law's intent -- declaring it "arbitrary and unduly oppressive."

Another provision allows owners of dogs about to be declared dangerous the right to contest the case by presenting evidence the animal was defending itself or a human.

Oddly enough, dogs not declared dangerous but cause a severe bit injury enjoy no such due process and cannot contest euthanasia. Circumstances matter not in current law.

In his ruling, Owens wrote: "(The statute) results in an unconstitutional delegation of discretion in animal control authorities insofar as the statute provides animal control authorities no guided authority to select the severity of consequences for a dog's actions."

Those remarks point to the public's outrage over Animal Services' decision, but the county hearing officer only acted based on the deeply flawed law.

Owens addressed the due process angle thusly: "The Court finds it illogical and inconsistent that an owner of a dog facing a dangerous dog investigation and classification under (the dangerous dog law) may assert certain defenses such as provocation, defense of a family member or person from an unjustified attack, but an owner of a dog subjected to the provisions of (the severe dog bite statute) enjoys no such defenses, notwithstanding the statute's constitutional validity, to prevent that statutory mandated execution of their dog."

Owens' ruling only changes the law in the 12th Judicial District, comprised of Manatee, Sarasota, and DeSoto counties. Now potential visitors with pets no longer need fear this unconstitutional law and avoid the region.

Rep. Greg Steube, R-Sarasota, is leading the charge in the Legislature to clarify the law statewide for consistency and allow due process with reasonable exceptions to euthanasia and discretion for hearing officers. His bill and a companion measure in the Senate are sailing through the committee process.

While describing the long ordeal as a "nightmare," an elated Gartenberg told the Herald: "I had to believe in my heart that this was going to end well for Padi. But until you get that final ruling, you don't know."

Those pins and needles are finally over. Padi, Paul and Jeanne Gartenberg can celebrate a worry-free and happy Christmas.

We hope the injured child and his family are coping well and they, too, enjoy the holidays.

This story was originally published December 19, 2015 at 12:00 AM with the headline "Padi the dog finally free to relief of owners, community; euthanasia law ruled unconstitutional ."