Disabled Veteran Officer Suing Town Over Pit Bull Ban

By Kathleen Serino, Reporter

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By Belinda Yeung

Story Created: Dec 24, 2011 at 2:13 AM CDT

Story Updated: Dec 24, 2011 at 11:27 PM CDT

AURELIA, Iowa – A disabled retired police officer is taking legal action against a Northwest Iowa town for separating him from his service dog, who is part pit bull.

According to a news release, a group of Aurelia, Iowa residents petitioned the city to enforce the town’s pit bull ordinance against 64-year-old Jim Sak, which prohibits ownership of any pit bull or mixed pit bull breed in the city after a dog allegedly bit a meter reader in March 2008.

In 2008 Sak, a 32-year veteran of the Chicago Police Department, suffered from a stroke that left him permanently disabled, but united him with Snickers, who is certified with the National Service Animal Registry, according to the release.

Sak had just moved to the town Nov. 4 with his wife, Peggy Leifer, to care for her ailing mother, when they were summoned to a town council meeting.

The release states the council gave Sak a notice to remove Snickers from city limits last week, otherwise the dog would be seized and killed. He is now currently being boarded at a facility outside of town.

Sak’s pro bono defense argues that Snickers is protected by the Americans with Disabilities Act because he works as a service animal for a disabled person, said Kim Wolf, AFF community engagement specialist.

“There has been no example in the world that a banning a breed of dog has led to increased public safety,” she said, noting that no nuisance complaints have been filed against Snickers or his owner, nor does the dog have a history of aggression, she said.

Sak is represented by Des Moines-based Davis Brown Law Firm and the AFF is picking up any other costs that incur, as well as funding the proper care of Snickers for the time being.

“This has the potential to set the precedent for a lot of other cases,” Wolf said.

Aurelia City Clerk Barb Messerole was unavailable for comment today.

A hearing has been scheduled in U.S. District Court in Sioux City , 320 Sixth St., Dec. 28 at 9 a.m.

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