Hoesch Oral Argument Creates Cautious Optimism

Wandner Gives Passionate Argument 
In Hoesch v. Broward County

mercedes

Do the Judge's Questions Signal the End of Broward's Ordinance?

Jason Wandner gave a passionate and wonderfully crafted argument to the 4th DCA today. From start to finish, he was animated, interesting and prepared.  He even cited to the panel Zeus's case in which Judge Dischowitz criticized the poor drafting of the ordinance. The judges listened carefully to his argument that Broward County did not have the right to supercede the state two kill rule with its one kill definition. 

The appellate judges, Carole Taylor, Jonathan Gerber, and Robin Rosenberg listened carefully to both sides.  This panel clearly understood the issues, and reserved most of their questions for the Broward County Attorney. 

The Broward County Attorney started out by saying that issues like the one before the court brought out a lot of passion on both sides.  He was clearly trying to equalize the energy Wandner had exhibited in his presentation. In reality, the County Attorney was unable to deliver. Whether it was his laid back delivery or the technicality of his argument, there was little intensity in his argument.

For me, the turning point was actually set up by Wandner when he challenged the judges to ask the County if they had the "power" to declare a dog dangerous for barking.  As the County Attorney got into his argument that the county had the right to regulate dogs, and thus the defintion of a dangerous dog, one of the judges asked him what his position was regarding the County's power to declare a dog dangerous for barking.  The County attorney stumbled a bit crafting an answer, but finally admitted that they did have the power, but that it would probably be unconstitutional for them to do so. 

This seemed to be exactly the answer Wandner expected. When he got up for rebuttal, he properly pointed out that such a misuse of power is exactly what happened in Mercedes case in terms of the current one kill definition.

I am cautiously optimistic - and hopeful that this case will signal the end of the Broward County one kill euthanasia rule.

Bravo Mr. Wandner, for putting on a great case for all of the death row dogs in Broward County. 

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