Washington: When Peggy Noblitt's HOA enacted a ban on pit bulls, they told her she could keep hers as long as she complied with a few things. She refused and got a lawyer instead.

WASHINGTON -- The owner of a pit bull and the homeowners' association at Issaquah Highlands might be heading to court.

Peggy Noblitt, 37, says Blu Gator, her 1-year-old Staffordshire pit bull terrier, is being discriminated against by a requirement that she wear a muzzle.

"I'm fighting this," said Noblitt, a three-year resident at Issaquah Highlands. "I do not want to adhere to any unique or discriminatory rules."

In March, the homeowners' association began enforcing a new rule banning pit bulls from the planned community.

But Noblitt's dog was "grandfathered in," so long as certain conditions were met.

In addition to the muzzle requirement, Noblitt must, among other things, spay her dog, confine it inside a secure kennel when it's in the backyard [by itself] and [maintain] $250,000 of liability insurance [which can be as simple as a rider attached to your homeowner's insurance].

Issaquah Highlands developer Judd Kirk said efforts are being made to bring Noblitt into compliance.

"If that can't be done, we'd have to pursue legal steps," Kirk said. He declined to say what those steps might be.

Noblitt, who has hired a lawyer, says Blu Gator is a friendly dog and shouldn't be penalized for highly publicized stories about pit bull attacks.

"Every person that has met her adores her," Noblitt said. "All she wants to do is play."

But Erick Zimmerman, a homeowners' committee member, said there have been multiple incidents of Blu Gator lunging toward children or pets.

As for Noblitt's contention that homeowners are on shaky ground with the pit bull ban and special conditions for Blu Gator, Kirk disagrees.

"It's clear under the CCRs (covenants, conditions and restrictions) ... that they have the power to do it."

Issaquah Highlands' requirements are not unique. Many cities, including Kirkland and Everett, also impose muzzle and other requirements on pit bulls.

Noblitt says she wholeheartedly endorses dangerous-dog legislation, but objects to rules that focus on individual breeds.

If her dog became aggressive or dangerous, Noblitt says, she would put Blu Gator down.

Fighting for equal treatment of her pet has been expensive.

"It's cost me a fortune," Noblitt said. "I have a three-ring binder on this whole issue."

Those legal costs may escalate as the standoff continues.

Noting that Noblitt has not complied with the required conditions, Zimmerman says the homeowners association has few options.

"Our only choice now is to take the next step," Zimmerman said.

(Eastside Journal - May 14, 2002)