Judge rules New Llano dog can return home while pit bull ban case is decided

Judge rules New Llano dog can return home while pit bull ban case is decided


A federal judge has ruled in favor of a New Llano couple in regards to their request for a “preliminary and/or permanent injunctive relief” in their case against the town and its pit bull ban.

“I just really want a resolution at this point, I need some sort of resolution,” said dog owner Christina Nelson in April 2014 when her and her husband initially filed the lawsuit after their mixed breed pit bull Mazzy was banned. Now Mazzy gets to come home.

U.S. District judge Patricia Minaldi granted the couple’s request Tuesday saying Mazzy can live in the couple’s New Llano home until a final judgement is made in the case.

“The town, from Tuesday on, cannot enforce this ban against any person in New Llano who owns a pit bull,” said the Nelson’s lawyer Fred Kray, who specializes in dangerous dog laws. Kray says the ruling allows Mazzy to be home but only under certain guidelines including putting up a $1,000 bond.

“The judge on one hand said that the ordinance was unconstitutional,” said Kray. “On the other hand, they said, “Well, just to be sure that this dog doesn’t cause a problem, we’re going to make sure that the Nelsons have insurance, they muzzle their dog in public, keep the dog inside and have a fence.”

Several calls were made to New Llano officials and their city attorney but due to business hours, we received no response.

The Nelsons say they’re thrilled to have Mazzy home and showed off pictures on the “Fighting for Mazzy” Facebook page saying she’s adjusting to being back home.

So, what does this mean for the future of New Llano? Kray thinks the town is going to make a new law.

“I think in the next month or so, you’ll see them try to introduce a new law that meets the requirements that we say the old law doesn’t meet,” said Kray. “It will all depend on how they define pit bull.”

Kray says the Nelsons have a scheduling conference in August and have requested that a jury ultimately weigh the case.

A court date has not been set.

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