Prohibition on the Acquisition, Breeding, and Immigration of Dogs with Increased Risk Potential

Facts

On November 30, 2008, the electorate of the Canton of Zurich adopted the Dog Act of April 14, 2008, in the variant with a ban on fighting dogs. Its Sections 8 and 30 prohibit the acquisition, breeding, and immigration of dogs with increased risk potential. The Cantonal Government designates the affected breed types (Breed Type List II). For these dogs, a leash and muzzle requirement applies in publicly accessible spaces.

The American Pit Bull Terrier Club Switzerland, the American Staffordshire Terrier Club Switzerland, the Staffordshire Bull Terrier Club Switzerland, and other complainants requested the repeal of Sections 8 and 30 of the Dog Act. They essentially criticized a violation of the principle of equality before the law, economic freedom, freedom of establishment, and other fundamental rights.

Considerations

The Federal Supreme Court dismissed the complaint. It concluded that the cantonal regulations, which are based on breed types to regulate a prohibition on the acquisition, breeding, and immigration of dogs with increased risk potential, do not violate the principle of equality before the law. The distinction by breed type is objectively justified, as certain breeds are potentially more dangerous than others due to their genetic predisposition, morphology, strength, and mode of attack.

The Federal Supreme Court further stated that the breeding prohibition…