Iowa Supreme Court takes Pinky the dog's case, will decide fate of Des Moines ordinance

The Iowa Supreme Court will decide whether the ordinance used to confine a Des Moines dog for two years as a dangerous animal is unconstitutional.

The court will accept briefs Tuesday in the case of Helmers v. City of Des Moines, which concerns a dog named Pinky whom the city deemed to be dangerous and impounded for two years after she injured a neighbor's cat during a fight.

The city moved to have Pinky destroyed, but instead she remained confined at the Animal Rescue League of Iowa, which contracts with the city, while her case worked its way through the court system. Pinky was released in April after the Iowa Court of Appeals ruled in the dog's favor by finding that the law is unconstitutionally vague.

In a concurrence with the majority opinion, Appeals Court Judge Richard Doyle wrote that "the city of Des Moines has been unwavering in its mission to kill Pinky."

The city appealed the decision to Iowa's high court, which will have the final say on the constitutionality of the ordinance in its current form.

Lawyers for Helmers argue Pinky was improperly seized from her previous owners in violation of the city's ordinance and without notice or a declaration that she was dangerous. They say the seizure violates due process and the Fourth Amendment of the U.S. Constitution and Article 1, Section 8 of the Iowa Constitution, which protect against unreasonable search and seizures.

Lawyers representing Des Moines say Pinky was properly declared "high-risk" and legally seized from her owners in compliance with the city's ordinance. They say animal control officers followed proper procedures and that the ordinance is constitutional.

Pinky, now 9 years old, has no history of violent tendencies and lived for years with her previous owners without incident, lawyers for Helmers argue.

Helmers is the founder of Agape Fosters, a licensed animal rescue in Grundy County, and took over ownership of Pinky from the dog's original family after the case went to court.

Her lawyers say other dog owners have brought cases against Des Moines after instances where they say their dogs were seized without notice or a proper dangerous animal declaration, in violation of the city's ordinance.

Des Moines city code designates certain breeds of dogs — pit bulls, American Staffordshire terriers, and Staffordshire terriers — as well as those with a history of biting, as high-risk.

Owners of high-risk dogs are subject to special rules and must carry certain levels of liability insurance. Those animals that get into further trouble run the risk of being labeled dangerous and face being destroyed.

Pinky was impounded on March 29, 2016, after injuring the cat, named Rebel. The dog was neither fenced-in nor leashed at the time of the altercation, according to a report. Rebel received 36 staples to close several lacerations and puncture wounds.

At the time Pinky was seized, her rabies and license tags had expired, but she was covered by insurance, which paid for Rebel's medical bills.

There is no deadline by which the Supreme Court must decide the case. The court's written decisions can be issued in a few weeks or take up to several months from the time it takes a case.

Whatever the court decides could have an impact on dangerous animals ordinances in other Iowa municipalities since district courts are bound by higher court precedent. In August, a Jasper County judge ruled that county's vicious animal ordinance unconstitutional, citing the appeals court ruling in the Helmers case.