Stand Your Ground Cited in Effort to Free Dog

As the case to free a black Labrador retriever mix that bit off part of a child’s ear heads to court, Florida’s controversial Stand Your Ground law is being cited in defense of the Bradenton pooch.

The case in question stems from a June 4 dog bite that occurred at The Pet Clinic in Bradenton. The incident unfolded when Dr. Paul Gartenberg’s daughter and a friend visited the clinic. The friend was babysitting a 4-year-old boy at the time, several media outlets have reported.

Gartenberg has said Padi, a rescue dog, was being harassed by the child and tried to hide under his desk. The child, however, followed the dog and made it feel cornered, the vet has said. The babysitter, however, told Manatee County deputies the child was merely playing fetch with the dog. The bite, she said, was unprovoked, several media outlets have reported.

The bite resulted in a portion of the child’s ear lobe being bitten off. He required reconstructive surgery.

Under the state’s “damage by dogs” statue, Padi caused serious harm and must now be euthanized. Gartenberg’s attorney Charles Britt, however, says the state’s law is flawed and that Manatee County Animal Service’s case should be dropped and Padi’s life should be spared.

Britt, court records indicate, contends that Florida law denies dog owners the Constitutional right to due process since no defense or exceptions are allowed. He also says the dog bite laws don’t mesh with Florida’s Stand Your Ground law.

Florida’s “Stand Your Ground” law allows the court to dismiss charges if a person felt they faced imminent death or serious bodily injury during an attack. George Zimmerman became famous for referencing the law following the shooting death of unarmed teen Trayvon Martin in 2012. Zimmerman eventually abandoned the defense and was acquitted of second-degree murder when he went to trial in 2013.

The state’s dog bite law and Stand Your Ground don’t mesh, Britt asserted in a recently filed motion. Hypothetically, dog owners under attack would have to not only defend themselves, but also make certain their pets don’t jump in to help. If they don’t, the current law could result in a death sentence for a dog that is simply protecting its owner, Britt contends.

Padi’s case has drawn international attention and even has even resulted in the creation of a Facebook community. The Free Padi page has more than 23,000 fans who are anxiously awaiting an outcome.

While Padi’s fate remains unknown, he has been allowed to stay in Gartenberg’s custody until the case is decided, the Sarasota Herald Tribune reported.

Photo of Padi and Dr. Gartenberg courtesy of Lori Gurley