![\"Pit](\"https:\/\/i0.wp.com\/www.animals24-7.org\/wp-content\/uploads\/Picsart_25-06-08_14-36-57-339-e1749418648437.jpg?ssl=1\")
<\/a><\/p>\n(Beth Clifton collage)<\/strong><\/em><\/p>\n<\/div>\n Editor\u2019s note:<\/strong>\u00a0 On May 3,\u00a0 2025 in New York City,\u00a0 New York,\u00a0 a pit bull with prior history of mauling other dogs maimed a Chihuahua named Penny,\u00a0 pet of Upper West Side resident Lauren Claus, \u00a0in a videotaped incident broadcast and otherwise covered by most major New York City media.<\/p>\n The attack created political momentum toward the passage of new legislation,\u00a0 previously covered by ANIMALS 24-7<\/strong> on May 13,\u00a0 2025.<\/p>\n (See <\/em><\/strong>Dog Bite lawyer Kenneth Phillips to NY: Enforce the laws already on the books<\/a><\/em><\/strong>.)<\/em><\/strong><\/p>\n Pamela Jane Rock.<\/strong><\/em> Some of this momentum appears to carried over into support for similar legislation in other states.\u00a0 Florida governor Ron DeSantis,\u00a0 for example, \u00a0on May 21,\u00a0 2025 signed into law the \u201cPam Rock Act,\u201d\u00a0 named for 2022 pit bull victim Pamela Jane Rock.<\/p>\n (See <\/em><\/strong>New Florida \u201cPam Rock Act\u201d might not have saved pit bull victim Pam Rock<\/a>.)<\/em><\/strong><\/p>\n Unfortunately,\u00a0 as Kenneth Phillips pointed out in our May 13,\u00a0 2025 article,\u00a0 what is needed in New York City and New York state is not so much new legislation as the will on the part of city and state authorities to enforce as written the laws that already exist.<\/p>\n Further,\u00a0 both in New York and in other states,\u00a0 if new laws are to be introduced,\u00a0 those laws should address the holes in existing law,\u00a0 not compound previous errors and omissions with further faults.<\/p>\n Below,\u00a0 Kenneth Phillips,\u00a0 the senior dog law specialist in the world,\u00a0 updates and reviews the legal problems raised by the proposed Penny\u2019s Law,\u00a0 many of them also incorporated into other proposed legislation in other cities,\u00a0 counties,\u00a0 and states.<\/p>\n Attorney Kenneth M. Phillips (DogBiteLaw.com)<\/strong><\/em><\/p>\n<\/div>\n In the wake of the horrific attack on a small dog named Penny in New York City, a new law has been proposed to fill serious gaps in the criminal code.\u00a0 Penny\u2019s Law<\/em> aims to hold dog owners accountable for dangerous behavior\u2014both their own and by their dogs.<\/p>\n The current draft of the proposed new law is missing a few key provisions: \u00a0it does not require the owner of an attacking dog to try to stop an attack that is in progress, \u00a0and it does not require him or her to provide rabies vaccination information on the spot.<\/p>\n The proposed law also reinforces the outdated idea that \u201cdogs are property,\u201d \u00a0limiting the measure of damages for injured pets\u2014something many find offensive. \u00a0It even limits the amount of compensation that a human dog bite victim should receive.<\/p>\n Pit bulls who mauled Penny, and allegedly earlier mauled two shih tzus.<\/strong><\/em><\/p>\n<\/div>\n Worse, \u00a0the new crime of \u201creckless handling of a dog\u201d is unconstitutionally vague. \u00a0It criminalizes \u201callowing\u201d a dog to attack, \u00a0but does not specify the mental state that would make a dog owner guilty. \u00a0Do you \u201callow\u201d an attack when you tell your dog to \u201csic \u2018em!\u201d \u00a0Of course! \u00a0Or do you \u201callow\u201d an attack when your gate isn\u2019t latched and your dog pushes through it to get at another dog? \u00a0The current draft doesn\u2019t answer this question, \u00a0so it would probably be held to be void.<\/p>\n It would be a fair guess that none of these consequences were intended. \u00a0They are the kind of oversights that typically happen when there is a rush to judgment.<\/p>\n New York lawmakers need to slow down and pass a reasonable, effective law, \u00a0because the control of dangerous dogs and irresponsible dog owners is necessary for not only New Yorkers, but people in cities all over the U.S.A.<\/p>\n Dangerous dogs are not just a New York problem:\u00a0 they are a problem everywhere. \u00a0Every city, town, and county in the U.S. is grappling with how to deal with dangerous dogs and irresponsible owners. Penny the Chihuahua may be the face of this story, \u00a0but the real issue is bigger: \u00a0it is about how communities across America protect themselves, \u00a0their pets, and their children from violent, preventable dog attacks.<\/p>\n The following is an up-to-date review of the facts we now know, \u00a0and a critique of the May 2025 version of Penny\u2019s Law<\/em>.<\/p>\n Pit bull owners flee Penny mauling.<\/strong><\/em><\/p>\n<\/div>\n The pit bulls that mauled Penny had previously killed another dog. \u00a0The Health Commissioner then ordered the owner of the pit bulls\u2014allegedly Joseph Columbo\u2014to muzzle the dogs in public and to walk them one at a time.<\/p>\n The owner ignored both orders.<\/p>\n He also failed to carry a break stick (used to pry open a dog\u2019s jaws),\u00a0 made no effort to stop the mauling, and even interfered with the rescuers.<\/p>\n Instead of helping,\u00a0 his female companion videoed the attack on her cellphone while he argued with rescuers.\u00a0 Then they fled the scene.<\/p>\n Lauren Claus and Penny.<\/strong><\/em> New York has two criminal provisions that appear to be applicable in Penny\u2019s case:<\/p>\n The New York City Police Department initially reacted to Penny\u2019s mauling by shrugging it off.\u00a0 They told Lauren Claus, \u00a0Penny\u2019s owner, \u00a0that dogs are considered property under the law, so there was nothing the police could do. \u00a0But that was totally incorrect.<\/p>\n New York has a very good \u201cdangerous dog law,\u201d Agriculture & Markets Law \u00a7 123<\/strong>. \u00a0It says:<\/p>\n Additionally, the state has Agriculture & Markets Law \u00a7 117<\/strong> that requires officers to seize any dog who poses an immediate threat.<\/p>\n The Agriculture and Markets Law applies to the entire state of New York, not just New York City. \u00a0It\u2019s a state law that covers dangerous dogs and a wide range of agricultural and food-related issues across all 57 counties of New York.<\/p>\n Penny. (Lauren Claus Instagram photo)<\/strong><\/em><\/p>\n<\/div>\n The tragedy that befell Penny could have been prevented without a new law:<\/p>\n Penny\u2019s Law<\/em> creates a new crime called reckless handling of a dog<\/strong>. It would make it a crime to \u201callow\u201d a dog to attack another dog. But the current draft falls short in key areas:<\/p>\n (Beth Clifton collage)<\/strong><\/em><\/p>\n<\/div>\n Using the word \u201callow\u201d is a major flaw. The standard for culpability \u2014 legal blame \u2014 is unclear. \u201cAllow\u201d could imply intentional, reckless, negligent, or even strict liability.<\/p>\n Without specifying the mental state, people may be criminally charged even when they:<\/p>\n Vague laws can violate the Due Process Clause by failing to give ordinary people clear notice of what conduct is criminal. If someone doesn\u2019t know what it means to \u201callow\u201d an attack, they can\u2019t reasonably be expected to comply with the law.<\/p>\n Police or prosecutors might interpret \u201callow\u201d too broadly, leading to unfair charges against responsible dog owners whose leashes broke, and the prosecution of people who were not even there when the attack occurred.<\/p>\n (Beth Clifton collage)<\/strong><\/em><\/p>\n<\/div>\n A better approach would base reckless handling of a dog on three simple elements:<\/p>\n Pennys Law<\/em> would thus criminalize failure to stop an attack,\u00a0 failure to give rabies vaccination information,\u00a0 and negligently allowing a victim to encounter a dog that was trained or known to attack.<\/p>\n These simple measures would protect people and animals\u2014without casting an unfair net over responsible dog owners.<\/p>\nPenny\u2019s Law<\/strong> \u2013 slow down,\u00a0 New York!<\/strong><\/span><\/h2>\n
By Kenneth Phillips<\/h3>\n
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(Facebook photo)<\/strong><\/em><\/p>\n<\/div>\n<\/a><\/p>\n\u2013\u2013\u2013\u2013\u2013\u2013\u2013\u2013\u2013\u2013\u2013\u2013\u2013\u2013\u2013\u2013\u2013<\/strong><\/h2>\n
<\/a><\/p>\n\u201cReckless handling of a dog\u201d<\/h2>\n
<\/a><\/p>\nWhat the pit bull owners did wrong<\/strong><\/h2>\n
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(Facebook phot<\/strong><\/em>o)<\/p>\n<\/div>\nTheir actions violated two New York criminal laws<\/h2>\n
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<\/a><\/p>\nPrevention is possible without a new law <\/strong><\/h2>\n
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<\/a>Penny\u2019s Law<\/em> has major loopholes<\/strong><\/h2>\n\n
<\/strong>Once the attack begins, the law does not make it a crime to fail to stop it. That is a big loophole.<\/li>\n
<\/strong>The law doesn\u2019t define \u201callow.\u201d This creates ambiguity<\/strong> about the mental state (intent) and actions required for criminal liability.<\/li>\n
<\/strong>While Penny\u2019s Law<\/em> says you must report an attack, it doesn\u2019t require immediately providing rabies vaccination records. \u00a0This matters because about one-third of dog-on-dog attacks result in bites to the owner, \u00a0and knowing rabies vaccination status is critical for human health decisions made in the emergency room immediately after an attack.<\/li>\n<\/a><\/p>\nUsing the word \u201callow\u201d is a major flaw<\/h2>\n
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<\/a><\/p>\nA better,\u00a0 simpler approach for Penny\u2019s Law<\/em><\/strong><\/h2>\n
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