BONHAM, TX - In August of 2008, John Hardy Taylor's two dogs attacked an 11-year-old girl and a 44-year-old woman. Taylor was arrested and charged with 4 counts of attack by a dog, a third-degree felony.

Before John Hardy Taylor's trial began, the defense argued that the laws, under which Hardy faced four felony counts, were vague and unconstitutional, and Judge Laurie Blake agreed.

Fannin County District Attorney Richard Glaser says they will appeal the ruling.

"If it is found constitutional we will continue to prosecute the case and we intend to do so," said Glaser.

While laws concerning animal attacks vary from state to state, many groups argue that laws in Texas are already too lenient when it comes to prosecuting the owners of vicious animals, groups like dogs bite.org.

"We are a national dog bite victims' group dedicated to reducing serious dog attacks," said founder Colleen Lynn.
She says current laws favor dog owners over victims.

"We want civil and criminal recourse absolutely," said Lynn.

While many organizations favor laws that ban specific breeds and call for laws with tougher sentences for owners, James Bias, the president of Texas SPCA says, laws that hold certain breeds more accountable than others, isn't the answer.

"It makes since to really hold the pet owner accountable rather than trying to find a magic pill, and finding one breed to regulate or ban," said Bias.

While current Texas law prohibits the restriction of certain breeds of dogs, now it will be up to an appeals court to determine if the current statutes that would hold a dog owner responsible, can be enforced as written.

District Attorney Richard Glaser says if Judge Blake's ruling is upheld, his next step will be to go to the state legislature to get a better law written.

"We do need a law that protects citizens from dangerous dogs doing damage as was done in this case," said Glaser.