and even if they strip out the language and leave the rest of the ban, it will still then set up other legal challenges.
AURORA - Allen Grider Sr. spent a year of his life fighting for his country in the jungles of Vietnam. He's spent the last year of his life fighting against the City of Aurora to keep his service dog. That's because Grider's service dog has been identified by Aurora as a pit bull, a breed banned by legislation passed in 2005.
Grider served as a United States Marine in Vietnam. When his tour of duty ended and he came home, the memories of war came with him.
"If you ever kill somebody, don't look them in the eyes. You'll never forget it and I don't. I wake up every night looking at that and it is terrifying," says Grider.
He struggled to deal with everyday life until doctors with the Veterans Administration diagnosed him as having post traumatic stress disorder.
"When I went to the program at the VA hospital they told me to get a service dog, so I got Precious and she's been my service dog. She's my heart and soul," says Grider.
He has worked with Precious as his service dog for seven years. About a year ago the City of Aurora ordered Grider to remove the dog from the city in order to comply with its pit bull ban. Grider had a friend, who lived outside the City of Aurora, care for Precious while he sought legal help to fight the ruling.
That fight may be over as the U.S. Department of Justice has issued a clarification of ADA regulations as they relate to restricted breeds of dogs. That clarification states that municipalities will no longer be able to prohibit a disabled person from using a restricted breed as a service dog. The Department of Justice has given municipalities with breed restrictions until March 15, 2011 to comply with the ruling.
The City and County of Denver have already taken steps to do so. On December 6 city council will consider a bill that would modify their current pit bull ban to allow the breed to be used as service dogs. Pit bulls not used as service dogs would still be banned under the law.
Aurora city attorney, Charlie Richardson says their city council will look at and consider all options.
There are currently nine cities in Colorado with restricted breed bans.