Cleo Is Not A Dangerous Dog: Pet Owners Sue City Of Joliet

JOLIET, IL — The owners of Cleo, a tan-and-white colored terrier Lab mix, have filed a lawsuit against the city of Joliet asking that a Will County judge overturn the city's determination that Cleo is a dangerous dog and needs to be treated as such.

This week's civil lawsuit was brought by pet owners Shawn and Cynthia Cole, residents of Joliet's Kendall Ridge subdivision, which is near County Line Road.

According to the city's findings that Cleo be deemed "a dangerous dog," Cleo got loose on Dec. 10, 2019 and charged at Joliet Police Officer Katelyn Kozielski. Cleo also charged at a neighbor as witnessed by the officer, the city said.

As a result, Cleo must be on a leash and wear a muzzle whenever the dog is on public property. Cleo's owners would need to obtain liability insurance of not less than $100,000 and put up signage at a prominent location on their property that states: "Warning: Dangerous Dog Kept On the Premises."

Cleo must also remain on a leash at all times the dog is in her owner's yard. Additionally, the Coles would be prohibited from selling Cleo or giving the dog away to someone else without written notice to Joliet. The Coles must adhere to all of the city's compliance requirements by March 23 otherwise the owners would be required to immediately turn over custody of the dog to the animal control center.

Wednesday's lawsuit asks that the city's ruling against Cleo be overturned.

According to their lawsuit, administrative hearing officer Michael Knick presided over a hearing on Jan. 22 and "determined she was a dangerous dog. We dispute this finding."

On Dec. 10, the Coles say that Cleo escaped from their house in the Kendall Ridge subdivision as their children were getting ready for school.

Cynthia Cole drove around the neighborhood for at least an hour calling for Cleo without success. More than four hours later, a neighbor called Shawn Cole to notify him that Cleo "voluntarily returned home and Cynthia's father drove over to secure Cleo in the house," the court documents indicate.

"At no time was Cleo allowed to run wild as was mentioned at the (city of Joliet) hearing," the Coles informed Will County's judges.

On that occasion, Cynthia Cole's father was greeted by an exhausted dog, along with Joliet Township Animal Control and the Joliet Police officer.

"The officer stated that in trying to call Cleo to her, Cleo lunged at her, and she then took shelter in her vehicle," the Joliet family's lawsuit contends. "This is the part of the event determining that Cleo is dangerous.

"Cleo has no history of aggression towards other people or animals. She lives in a home with three children and frequent visitors. We have had no behavioral issues, aside from her escaping the house. Based on this, it seems more likely that Cleo responded in exhaustion and fear to a stranger trying to take control of her."

The Coles also informed the judge that the animal control officer testified at the Jan. 22 hearing that "while taking shelter in her vehicle, she turned her face away from Cleo and waved her hand out her window for the dog to come to her. She stated that at that time, Cleo tried to bite her hand. We are questioning how this would be known if the officer was not looking at the dog, per her own report. Cleo does at times jump up in greeting people. This has never resulted in a bite."

The Coles acknowledged that they did have a second dog, Willie, who had lived with them at the time of the incident.

"Willie was cited several times by the police for aggression. He did in fact make contact with people and was quarantined following one such incident," the lawsuit states. "After consulting three trainers and our vet, we came to the conclusion we could not rehabilitate Willie and he was euthanized" on Dec. 21.

The Coles argue that if they believed "Cleo was a risk to others, we would have euthanized her as well."

During the past two months, the Coles wrote, they bought a Whistle Tracker to show where Cleo is at all times. On Jan. 26, Cleo underwent a lengthy assessment at the Brightdogs facility on Theodore Street, and Cleo's assessment included a physical body touch and one-hour of observation.

"She was determined to be safe to participate with other dogs and people in attendance," the Coles stated.

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Moreover, the Coles had Cleo undergo an evaluation with Jordan Michaels, an animal behaviorist, on Feb. 9, their lawsuit states.

On Feb. 15, the Coles brought Cleo for assessment in front of Nelson Medrano of Suburban K9.

"He did a home visit with us, during which he also deemed Cleo safe, and our son able to walk her under control. Cleo showed no signs of aggression during either of the trainers' home visits," their lawsuit advises the judge.

The Coles are asking a Will County judge overrule the city's decision about Cleo being a dangerous dog. "We contest the need for muzzle as she has no history of biting other people or animals."

The dangerous dog finding also requires Cleo be under control of an adult at least 18.

"We request this be reduced to age 12," the Coles wrote. "Our oldest son walks her daily after school. This helps reduce her energy level and lessens her chance of wanting to run if given the opportunity."

The Coles also disagree with the city's mandate that they erect a dangerous dog sign on their property.

"We will display a 'Dog on premises' sign if needed," their lawsuit states.

As for spay/neuter and rabies vaccinations, Cleo is up to date on all shots and has medical records to prove she has been spayed, the Coles say.

"In conclusion," Shawn and Cynthia Cole wrote the judge, "we feel that Cleo has no aggressive history, has been assessed by two separate canine specialists and found to be safe and has been observed interacting appropriately around other people and animals, her dangerous dog label was given mistakenly ... this determination, as it stands, puts our family at a hardship, both in terms of being able to provide her the best daily exercise, as well as our reputation amongst our neighbors. We appreciate your willingness to consider our points."