Pit bull Luna's case playing a part in changing Troy's dangerous dog law
Luna the pit bull has had to stay at the Mohawk Hudson Humane Society during a battle for her life between her owner and the city of Troy.
Luna was originally ordered to be euthanized after Troy police say she bit a neighbor's dog. Luna's attorney then appealed to county court.
That's when a judge ruled to delay Luna's fate, giving time for her attorneys to build a defense.
When we spoke to Luna's attorneys last month, they argued that state law should trump the city's law.
"The state law gives a more flexible parameter for the judge to impose restrictions on the dog,” said John Schopf, an attorney acting on behalf of MHHS.
The Troy dangerous dog law said at the time of the incident that a dog shall be put down if it attacks a human or other animal, even if it’s the only time.
Under state law, there is more than one factor that goes into determining whether a dog is dangerous.
Troy's City Council just voted to amend the city's dangerous dog law in its last meeting, but city officials say that won't have any effect on Luna's fate.
The new city law gives a judge more leeway in determining whether a dangerous dog should be put down.
City Council President Carmella Mantello says Luna's story and the changed law may set a precedent for future cases.
“Luna fell into this unfortunate circumstance. If it didn't happen to Luna, we wouldn't have known about this law that was really kind of vague,” Mantello said in a phone interview.
City officials say they tried to settle with Luna's owner by sparing her life as long as the owner bought insurance and muzzled and restrained Luna when she's in public.
But city officials say that the owner didn't agree to that.
The humane society said in a statement that they're prepared to take every measure to prevent Luna from being put down.
Per the court order, Luna must be housed at the humane society until the next court date, but her family can visit her. We will keep you updated on her progress.