DNA test clears Gizmo, now the town wants another one, says lawyer
Gizmo the therapy dog does not have any pit bull DNA, according to testing arranged by his owner, but apparently that may not be good enough for the Town of Clark’s Harbour.
Gizmo’s owner, Mason Landry, has been involved in a legal battle with the town since July, when they served him notice his dog was suspected of being one of the breeds banned by the Town’s dog by-law.
Yarmouth lawyer Regan Murphy has taken on the case pro-bono.
“My client has already incurred costs and time in doing the DNA test and now the town wants another one,” said Murphy. “Neither myself nor my client feel another test is necessary. The town should amend the bylaw and this has been one of our main points of contention throughout this matter. Hopefully they take situations like Mason’s into consideration, especially with an election coming up next year.”
In early August, the town wrote Landry that is was the decision of council that a DNA test be done on Gizmo to be paid for by Landry and “if the test comes back that the dog is not a pit bull mix then the Town of Clark’s Harbour will reimburse you the money upon proof of payment. However, if the dog is actually a pit bull mix then you will not be reimbursed the money and the dog is to be removed from the town limits immediately.”
In response to the letter, Murphy
wrote the Town on Aug. 27 stating that, “While my client had no obligation under the bylaw to have the dog DNA tested, my client did pay for and tested the dog. The letter further indicated that should the DNA test results indicate that the dog is not a Pit Bull mix, then the town would reimburse my client upon proof of payment.”
“I hereby enclose a Canine Breed Composition DNA Analysis Certificate and a Canine Breed Determination from the DNA testing service, DNA My Dog, which indicates the dog’s
DNA results and associated breeds,” the letter continues. “None of the dog breeds deemed “fierce or dangerous” under s. 1(f)(3) of the Dog Control By-Law are listed in the DNA results. As a result of the testing results, I expect that the Town of Clark’s Harbour will be reimbursing my clients for the purchase of the DNA test. I have also enclosed a copy of the receipt showing the purchase of the DNA test.”
According to the DNA testing, Gizmo is 36 percent German Shorthaired Pointer, 36 percent Weimaraner, 10 percent Australian Shepherd, 10 percent Labrador Retriever and 8 percent Boxer.
“This test is 99.97 percent accurate,” said Mason’s mom Paula in the social media post detailing the DNA test results. “Now we wait to see what the Town’s response is.”
No one from the town could be reached for comment over the Labour Day weekend and prior to this newspaper’s deadline. Town council was scheduled to meet on Sept. 3 for their regular monthly meeting.