Legal Question in Civil Litigation in Texas
I am on the board of a private gated community in Texas. The membership recently passed an amendment to our Covenants and Restrictions concerning the banning of Pit Bull dogs from our community. There has been some questions concerning the legality of such a rule and I am asking that if, as a private gated community, such an ordinance is legal.
Thank you,
Bill Coward
1 Answer from Attorneys
Yes, it's legal, but the real problem is: What is a pit bull?
Are you planning to give DNA tests to the dogs to determine what breed they are?
What if the dog is 3/4 pit bull? 1/2 pit bull? 1/4 pit bull?
A suggestion: Take your board members down to the local animal shelter, and take them back to where the stray dogs are kept. Ask them to point out which dogs are pit bulls and which are not.
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