Judge bars police enforcement of kennel law

Friday, June 13th 2008, 11:57 am
By: News 9

Associated Press

OKLAHOMA CITY -- A state district judge has barred law enforcement agencies from enforcing a new law that broadens the authority to stop a dog kennel from operating adjacent to a school.

But Oklahoma County Judge Barbara Swinton Thursday said the law, signed by Gov. Brad Henry last week, can still be enforced with civil lawsuits.

The judge handed down the ruling in connection with a lawsuit filed by Moore kennel operator Kenneth Gonzales, who raises pit bulls. Gonzales is challenging the constitutionality of the law, but Swinton did not rule on that issue.

The law makes it illegal for a new dog kennel to be located within 2,500 feet of a public or private school or licensed day care facility in Oklahoma City and Tulsa.

Gonzales' kennel is within 2,500 feet of a Catholic school and day-care facility, Villa Teresa.