Bunkie pit bull issue escalates to claims of racism

An issue over the city's failure to require a "well-connected white woman" to comply with the city's "vicious dog" ordinance has escalated into charges of racism and unequal enforcement of that ordinance.

A month after Jonathan Evans presented a petition signed by he and several more of Judy Descant's neighbors, complaining that her dogs have attacked several people and the Evans' small dog with impunity, "nothing has been done except she has now registered the dogs" at City Hall," Councilman Bill Longoria said.

Evans brought the issue up again at the council's Aug. 13 meeting, saying that a month after he was told "it would be taken care of," nothing has happened.

He claims the reason is that "she is a well-connected white woman," saying the ordinance has been enforced quickly and correctly when others have run afoul of its provisions.

Mayor Bruce Coulon responded that Descant is in compliance with everything about the ordinance except the requirement for an 8-foot barrier to ensure the dogs cannot get loose in the neighborhood.

He said he is "looking into the whole issue. I can't tell how long it will take."

Descant could not be reached for comment prior to deadline for this edition.

The ordinance, which Coulon authored when he was on the City Council, has a three-part process for determining a dog to be "vicious" and to take action to enforce the other provisions of the ordinance once that is done.

The first part is to conduct an investigation into any complaints alleging the vicious nature of the animal. If the investigation concludes the dog is "vicious" as defined by the ordinance, the owner is notified of the finding and told to comply with all of the requirements of the ordinance. If the owner disagrees, they can demand a hearing to show why the decision is wrong.

Coulon said he plans to follow the procedures outlined in the policy.

Bunkie's ordinance states that pit bulls and Rottweilers are automatically considered to be vicious by nature, so an actual finding of aggressive behavior against people and animals is not necessary to be classified as "vicious" under the ordinance.

Coulon said an issue of "discrimination" against pit bulls has been raised, but he noted the ordinance also talks about animals that have exhibitied aggression or bitten someone.

"It could be a Chihuahua or a Yorkie, in that case, and the provisions of the ordinance would apply to that dog," Coulon said.

THE FENCE

Descant sent a letter to the mayor and council members asking that the ordinance be amended to require only a 6-foot fence. Two of her dogs jumped that fence to maul Evans' Pomeranian in February.

"I am 5 ft. 10 in. and I stand well above most of the fence," Evans said. "There is a higher part that she says is 6 ft., but even that area is probably no higher than 5 ft. 8 in."

Rosie survived the attack but her injuries were so severe, and she was in constant pain, that she had to be put to sleep.

In addition to that incident, Descant's dogs have been involved in attacks on six people -- four adults and two children in the past five years. One of her dogs had to be shot by a police officer after committing a second violent attack.

In an incident a few years ago, a child climbed over the Descant's fence to take a short cut and one of the dogs went after him. A man saw what was happening, jumped the fence and stood between the dog and the child.

The man sustained minor injuries as he beat away the dog. The man told the City Council at that time that if he could jump the fence at his size, a muscular dog would have no trouble at all.

Evans said three of the dogs are pit bulls and two are "mutts" that are just as vicious as the bulldogs.

The neighbors' petition claims the dogs "have bitten and terrorized adults and children alike" for several years and that calls to current and past mayors and police chiefs "have not yielded any actions to remove the dangerous animals or safeguard our neighborhood and its residents."

'OLD WHITE MONEY'

Evans said there are three reasons for the city's refusal to take action against Descant: "Old White Money."

"If you are old or come from an 'old' family of Bunkie, are white and have money, then the ordinances don't apply to you," Evans said.

"We have asked her to abide by the ordinance and the mayor said he is working with her to get to that point," Councilman Greg Prudhomme said. "I know this came up when Mike Robertson was mayor and now it has come up again.

"When it came up in July, three of us spoke up at the same time saying action needed to be done ASAP," Prudhomme continued. "All I can say is that the ordinance should be applied evenly across the board."

Councilwoman Brenda Sampson agreed, saying the ordinance "should be followed. Other people's animals have been taken under this ordinance. It is plain and simple, obey the ordinance. I don't understand why one person is allowed to have excuses as to why she shouldn't have to obey this ordinance."

The issue of racism or, at the very least favoritism, was also raised in connection with the city's enforcement of the ordinance.

"I hate to throw race around, but it seems everyone's dog that has been confiscated has been African-American," Sampson said. "It seems that race could be a factor.

"Also," she continued, "a lot of people are saying it's a case of 'who you know.'"

Travis Armand, who has served on the council for 20 years and is resigning soon because he is moving to Eola, said the issue has been debated for too long and needs to be brought to a conclusion.

“In this case, our vicious dog ordinance should be enforced swiftly and to the fullest -- to not only ensure public safety but to also insulate the city from any potential liability," Armand said. "Without question, the 8-foot fence prescribed by the ordinance is not in place. If there is any ambiguity regarding the interpretation of this ordinance or its enforcement, the city attorney should be consulted.

"This issue has gone inadequately attended and been unwisely allowed to escalate and fester," he continued. "It’s past time to resolve it, inform all parties of decisions that are made and why, and move on.”

Armand said he does not support amending the ordinance.

"It is a sound, well-researched, and fair ordinance that’s thorough and protects both people and pets," he said, "but it’s completely useless if it is not enforced. Worse yet, the ordinance is needlessly divisive and detrimental if enforcement is executed inequitably and haphazardly.”

There has also been a hint that the ordinance could be challenged for being breed-specific because it automatically classifies pit bulls and other "fighting" breeds as "vicious."

However, in the Descant case, the fact that the animals have demonstrated aggression against people and other animals would place them under the ordinance regardless of their breed.

DESCANT COMMENTS

Rather than present Descant's comments in direct rebuttal and response to her critics, we have decided to put them in a separate section of this article.

Descant says her dogs spend most of the time in the house. When they go outside unattended, they are leashed in a pen that is enclosed with 6-foot walls. She admits it does not have an enclosure and that she does not muzzle her dogs.

She said they are never left unattended in the yard protected by only a 4-foot fence.

She said the dogs are not vicious. The recent "attack" of a child was not an act of violence. The child was the dog's previous owner and the animal jumped up to play.

She said two of her dogs did injure Evans' dog, but she contends the injury was minor and disputes Evans' report that the dog suffered brain injury and constant pain from the injuries. She offered to pay the vet bills for Rosie. She said her dogs' sharp canine teeth have been filed down to prevent the possibility of serious damage from a bite.

"This has been blown out of proportion," Descant said. "I invite anyone to come over to my house and see for themselves."

She said she keeps her great-great-granddaughter at the house and is never afraid or apprehensive about the child playing with and near the dogs.

"I love my dogs and I don't want anything bad to happen to them," Descant said. "I am on a fixed income. If I have to put up an 8-ft. fence, I will. I have asked the city to consider amending the ordinance to requiring a 6-ft. fence. I am doing what I can"

COULON DISPUTES ALLEGATIONS

Coulon disputes the allegation of racism or favoritism in this case.

"Every case is a different case," Coulon said. "Some people go through life thinking things are black or white, but not everything is a case of black or white."

He said he is unaware of claims that two recent dog cases involving African-American men were dealt with quickly, with one of the men's dog being euthanized within a week of being confiscated, giving him little time to comply with the ordinance requirements.

Coulon said anyone believing they were unfairly treated under the ordinance should contact him to discuss the matter.

"Ordinances are there for a reason," the mayor said. "We are trying to make our community safe."