The Associated Press
BROOKSVILLE, Ky. - Two pit bull owners have asked a judge to stop Bracken County officials from enforcing a recently enacted ban on the dogs.
In a petition for a temporary injunction filed Oct. 23, pit bull terrier owners Michael Bess and Timothy Poe said the ban violates the state and federal constitutions because it designates a specific breed as a public nuisance and denies the rights of the dogs' owners to own property.
The law also violates due-process guarantees, because it allows the county to order the dogs to be destroyed, the petition said.
Bracken County Attorney Ed Rudd said answering the petition will require a lot of research because of the constitutional questions raised.
"It's either unconstitutional or it isn't," Rudd said.
"I'm pretty sure both sides will file appeals if they receive an adverse decision."
ELECTION 2004
It may be trick, not treat, for Bush
Drowning in TV political ads?
Election protests thwarted
10 states that could swing it
Clermont district makes third try
Clermont County challenger derides 'club' atmosphere
What's in a name? Most often, victory
Campaign watchers complain
Budget key in 30th District
Union activist big underdog
Scandal tinges judge race
Schools say new levies are crucial
Northeastern faces deficit
Edgewood and Franklin schools put taxes to vote
Election turnout could be at 70%
'Limp wrist' charge angers Mongiardo
Fletcher name chafes brother
Facts to help Kentucky voters with Tuesday's election
Nader's name is on the ballot, but you can't cast vote for him
Bush, Kerry adopt softer tone in final days
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Election 2004 section
TOP LOCAL HEADLINES
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Local news briefs
KENTUCKY HEADLINES
Wreck spurs two probes
Bracken Co. pit bull owners go to court
Smoking ban splits voters
2 teens OK after crash in Independence
Ky. gets more flu vaccine via feds
EDUCATION
Teens' political involvement starts as class assignment
Cincinnati teachers' union hires people to call voters
Money needed to save clinic
Wilson, McKinley alumni offered brick mementos
NEIGHBORS
Adults go all-out for ghostly good time
The rush lingers, long after the fright
Elmwood playground assembled with love
Gorman Farm needs hands
United Way lawsuit settled in Warren Co.
LIVES REMEMBERED
Margaret Rehring ran libraries in city schools
Frank Catanzaro built produce giant from $13
ENQUIRER COLUMNS
Crowley: Serious office politics
Toys for Tots kicks off Sunday
Notes found describing HUC founding
