If You're at Uptown Pub, Stay Away From the Gray Mastiff on the Patio

Uptown Pub-Patio.jpg
On a Saturday evening in late July, Beth Shapiro went for a bite at the Uptown Pub, a laid-back and unpretentious bar at the corner of Lemmon and McKinney avenues. She sat on the patio, where she spotted Cain, a large (140 pounds) friendly looking mastiff. As she petted the dog's back, the dog suddenly turned its head and latched onto Shapiro's right arm. She went to the emergency room, where she received stitches.

Turns out, Shapiro wasn't Cain's first Uptown Pub victim. Three months earlier, the dog bit a man in the face as he petted him on the patio. The dog had also attacked a 5-year-old child at Keller Hamburgers in April and a pedestrian on the leg a few days later. Who'd expect such behavior from a dog named Cain?

Given the dog's past, Shapiro filed a lawsuit against Uptown Pub and Austin Broussard, the dog's owner, for allowing a dog with a known mean streak to hang out on the patio.

Shapiro declined to comment, and I couldn't find a number for Broussard. The guy who answered the phone at Uptown Pub said I would have to talk to owner Brian Joiner for official word, but he told me he told me Broussard and Cain are regulars. There was some sort of animal services hearing yesterday, where it was decided he would not be put down.

I asked if he could put me in touch with Broussard.

"There is absolutely no way I'm going to give out his number," he laughed. "That's sweet, though."

He told me to stop by for karaoke on Sunday. Maybe he'd talk more then.

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53 comments
Intellectualdiot
Intellectualdiot

You know how people in the know are always suggesting that a canine's behavior is more indicative of their owner's failings than their own? They're right. This particular dog is a dick because its owner, a man who apparently has no compunction with carting the beast out despite the fact that he's already attacked multiple people and doesn't find it necessary to advise unassuming strangers that petting his dog isn't in their best interests....For fuck's sake!Any idea when the hearing on whether or not we'll be putting Mr. Broussard down might be? (That's a joke, by the way, for the humorless amongst us.)

EnglishMastiffMama
EnglishMastiffMama

I wonder if this was actually a bull mastiff? I own an English Mastiff and they are very gentle. This behavior sounds more like a bull mastiff to me.

Sotiredofitall
Sotiredofitall topcommenter

"Turns out, Shapiro wasn't Cain's first Uptown Pub victim"  Still waiting on more background regarding Mr Austin Broussard

NiteRider
NiteRider

I'm curious why a person would take a dog into a public area such as a bar patio, and not expect someone to try and pet it, permission or not. Of course I've never understood why dog owners feel the need to inflict their animals on other people in public places. I like dogs, but it doesn't mean I'm gonna like your dog.

deb_wolfe
deb_wolfe

The first time Cain snapped at or nipped someone, it was Broussard's responsibility to keep that dog well away from people unless and until the dog's issues - whatever they may be - had been identified and, if possible, corrected. The first time the dog bit someone on the Uptown Pub premises was the last time that dog should have been allowed there - ever. This is not a mean dog, this is a scared dog with a clueless owner who has now put a death sentence over his dog's head. Makes my heart and my head hurt.

Myrna.Minkoff-Katz
Myrna.Minkoff-Katz topcommenter

Mastiffs are normally gentle dogs.  It sounds as if the animal has been abused.

EdD.
EdD.

I had a rescue Chow Chow named Cain (we didn't name him) and he really was shy and quiet. Never bit anyone, got along with cats, and he did a great job training us to serve him. 70 pounds of golden fur and heart, that dog.

oakclifftownie
oakclifftownie

I bet things will change once the uptown pubs owners insurance provider gets wind of this .

brainedobserver
brainedobserver

Who isn't staggered by the news that the city already was able to stage a dangerous dog hearing? There's still a question about those hearings providing actual "due process" for the humans who are representing the dogs...Came up at the last animal shelter commission meeting.

MushMouth1
MushMouth1

Sounds like this Broussard is a grade A jackass. I would never take my dog out to be with other people if he ever so much as snapped at someone. I've never seen that dog the few times I've gone there but can guarantee I'll never go back there with ownership like that.

Sotiredofitall
Sotiredofitall topcommenter

Please - More background on Austin Broussard, have a feeling there is more here than we know

MaxNoDifference
MaxNoDifference

I agree that the owner should not have brought the dog back to the patio after ther first incident and certainly not after repeated incidents.  But my question is - Did the bitees ask if they could pet the dog prior to the dog biting them?  If they did and the owner agreed, then it seems like she has a good case.  If they petted the dog without asking the owner's permission,  then their case might not be very good.

WylieH
WylieH

If the allegations are true, I'm trying to understand what this guy, Austin Broussard, is thinking.  He has a dog that has repeatedly bitten random people (some of them seriously), yet he continues to take it out to a crowded patio where children are present?

 

Also, no mention of him making any effort to cover the victim's medical bills--- what's up with that? 

Salty.tx
Salty.tx

Very surprised the owner was not arrested, it is a third degree felony under Sec. 822.005 of the Texas Health and Safety Code to allow a known dangerous dog, to attack another person.  Pretty slam dunk case for Shapiro against the dog owner.

jmckee3
jmckee3

Hopefully this doesn't cause any changes to the dog-friendly patios of Uptown, my mini-dachshund likes patios and I dare you to do enough to provoke a 12 year old mini-dachshund into biting you and claim an actual injury with a straight face.

ScottsMerkin
ScottsMerkin topcommenter

cant get the links to the police reports to work.  Friend of mine was bit at the place, thinking it was the first one to happen there.  Never provoked the dog, he just took a rip at his face and messed him up bad

A-nony-mouse
A-nony-mouse

Doesn't Dallas have a dangerous dog ordinance? And shouldn't a dog that has bitten a number of people already be classified as a dangerous dog?

ceepee
ceepee

Mastiffs are usually pretty sweet dogs that take a LOT to rile up to the point that they bite. So, mebbie the owner is just an asshole? 

holmantx
holmantx topcommenter

It used to be here in Texas that, under statute, a dog only gets one free bite.  After that it's doggone.  I guess the state no longer deep six's rover.  However, civilly, the owner should pay until it hurts.  He has brought Fido to a public place knowing meathead is a biter.  Particularly if Big'un bites a kid - a minor.  Ouch!

terrapin27
terrapin27

 @EnglishMastiffMama 

As the former owner of a Bull Mastiff, Bull Mastiffs are not that different from English Mastiffs. Stop trying to smear a good dog's reputation.

deb_wolfe
deb_wolfe

 @NiteRider When I take my dog, my companion, to a dog-friendly public place, I am not "inflicting" her on anyone. She lays quietly at my feet and does not approach anyone. If people try to approach her without asking permission, I stop them. I don't understand why people think it's okay to just pet a dog when most of us clearly understand that it would be rude to just run up and hug another person. One reason, I think, that there are issues with under-socialized dogs is that it is very difficult in some areas to find places where they can accompany their people. Granted, there are rude people who let their dogs run up to anyone, but I don't tolerate them either.

rufuslevin
rufuslevin

 @Myrna.Minkoff-Katz HE IS A BAR DOG OWNED BY A BAR OWNER...THAT SAYS IT ALL.  MYRNA....DID YOU REALLY MINKOFF MY KATZ AGAIN?

matthavener
matthavener

 @EdD. Ed I feel like you're holding back here.. what's the underlying meaning behind this story you told? Its cool.. but what does it mean? 

rufuslevin
rufuslevin

 @oakclifftownie UH.....HEALTH INSPECTORS MAYBE??? IF THIS MUTT ISN'T A "SERVICE DOG" HE CANNOT BE WHERE FOOD IS SERVED.

jmckee3
jmckee3

@MaxNoDifference I have to say I am astounded at how many people don't know to ask before they pet a dog. The worst are children, I've been horrified when a mini-mob of those things attack my dog trying to pet it and the parents sit back and just let them molest my terrified dog without saying anything.

Ardy
Ardy

 @MaxNoDifference Doesn't really matter whether there was permission. Typically there is strict liability for dogs that have a bite history.

observist
observist topcommenter

He's thinking "chicks dig dogs".

ScottsMerkin
ScottsMerkin topcommenter

 @WylieH 

totally agree, and even if he is a regular why would the bar continue to allow him to bring an animal that is known to have bitten someone on their property before.  This seems a like a slam dunk case of negligence by the owner of the bar and the owner of the dog

rufuslevin
rufuslevin

 @jmckee3 I OWN MINI DACHS....DACHS OF ANY SIZE ARE EXTREMELY TERRITORIAL, AND OWNER PROTECTIVE.  THEY WILL BITE, BARK, SNAP EASILY....DO NOT THINK THAT YOU HAVE A CLUE JUST BECAUSE YOU OWN AN OLD DACHS....

ScottsMerkin
ScottsMerkin topcommenter

 @jmckee3 mini -dachshunds can be mean too.  you ever been bitten by a over protective one?  the fuckers hurt

anonymous
anonymous

 @A-nony-mouse Dallas does have a dangerous dog ordinance. There is a process in place that has to be followed. A dog may have bitten several people or had several confrontations like this owners dog has but it could still not be considered a dangerous dog. There has to be a complaint or report filed against the owner and Animal Control has to assess the dog, after which a hearing is scheduled to meet with the owner and some kind of panel or review board. The dog owner is allowed to bring evidence supporting defense of the animal and i think the people the dog hurt are allowed to make a statement, present medical bills, etc. in order for the dog to be certified as dangerous. If you are living within the city limits and your dog gets certified as dangerous. There are a significant number of accommodations you have to make to your residence in order to keep your dog. If you are a renter get ready to move. Padlocks on all yard gates, warning signs all over the place. Significant minimum fencing standards. You cannot walk your dog in public without a body harness and a complete muzzle. But most onerous is the increased amount of homeowners insurance you have to put in place. It is usually 4 or 5X the cost of a standard policy if you can even find a company willing to insure you.  If the dog bites someone after it has been deemed dangerous it is confiscated, quarentined for rabies, then euthanized. With no recourse.

Scruffygeist
Scruffygeist

 @ceepee Could be. Could be the dog is an asshole too. Calling every mastiff sweet is like saying every Texan or white person is sweet--you can't lump-sum that large a group together.

anonymous
anonymous

 @holmantx That might still be a Texas statute but municipal statutes usually supercede or are more strict. In Dallas you DO NOT get one free bite unless the bitee agrees to not file a report with animal control.

observist
observist topcommenter

If only Shapiro had a handgun - she could have shot the dog on the spot.  Doggone missed opportunities.

NiteRider
NiteRider

 @deb_wolfe Dogs are animals. I'm guessing you're one of those who think your dog is a person, and should have the same rights and privileges as a human. They don't, and shouldn't. Most people like dogs. When they see someone out with a dog, IN A PUBLIC PLACE, they tend to assume the dog is friendly. That's because they like to think the dog owner is smart enough to not bring a dog that might bite someone, INTO A PUBLIC PLACE. So if you, or any other dog owner, brings a dog that you know might possibly bite someone, INTO A PUBLIC PLACE, you're dumber than your dog. You remind me of one of those people who like to drag their dogs and little kids to fireworks displays, and then don't understand why the dogs freak out, and the kids cry......

moonphaz1
moonphaz1

 @rufuslevin - dogs are allowed in certain cities, in the patio areas... clearly you are not a dog owner or you would know this. We take our mastiffs to the patios all the time because it is good socialization to ensure this type of thing doesn't happen. The dog owner, in this instance, need to call a behaviorist to work with this dog. This is something that can and should be corrected.

rufuslevin
rufuslevin

 @jmckee3  @MaxNoDifference JACKASS...PEOPLE ARE FRIENDLY, THEY SMILE AT KIDS...THAT DOES NOT MAKE THEM SEX PREDATORS OR PERVERTS.   ANY DOG THAT IS NOT HAPPY TO BE PETTED HAS SUFFERED SOME ABUSE, OR FAILED TO BE TRAINED SOCIALLY TO ACTUALLY BE IN PUBLIC AMONG ANYONE OTHER THAN ITS OWNER WHO IS IN FULL CONTROL OF ITS BEHAVIOR AT ALL TIMES.

 

WHO BELONGS AT A PUBLIC PLACE...DOGS, OR KIDS.  IF YOU ANSWER DOGS...THEN YOU BELONG AT A KENNEL WITH YOUR CLOSEST FRIENDS.

ket354
ket354

We have a little dog that will bite strangers who come at him too quickly and we always tell people that when they try to pet him.  They really look quite shocked. Like something that cute couldn't possibly bite. sometimes they just back off, but most just approach more cautiously.

bodaddle
bodaddle

 @jmckee3  @MaxNoDifference What can I say? My 9 year old grand daughter today ran up to a lady walking two German Shepards regardless of my shouting to stay away. Fortunately the dogs were sweet and enjoyed the attention. I chastised the little girl and told her to NEVER pet a strange dog - told her of the kids chewed up and killed by strange dogs. Think it made an impression on her? Maybe. Maybe not.

todd
todd

 @jmckee3  @MaxNoDifference As a dog owner, I am never surprised by people who pet my dog without asking.  In fact, I expect it. 

DirtyP1
DirtyP1

 @EricNicholson4

 

is Dallas animal control called when a situation like this happens? It would seem that if an establishment was going to be pet friendly that they'd have a protocol if a bite should happen or two dogs got into a fight. If animal control would have been able to document the bites, something tells me he would at least have been warned to not let it happen again.

ceepee
ceepee

 @Scruffygeist What is your definition of the word "usually". And yeah, "usually" Mastiffs are very calm, just like "usually" Labs are pretty happy-go-lucky, just as "usually" your neighbor's tom cat will pee on your windshield. Usually. Not all the time, not in every instance, but in most instances, like more than half of the time. 

rufuslevin
rufuslevin

 @observist WONDER IF THE MASTIFFS WOULD RIOT AND BURN DOWN THE AREA AND STEAL NIKES AND BEER AND TV SETS IF SOMEONE SHOT ONE OF THEM...ESPECIALLY IF THE SHOOTER WAS AN ANGRY WHITE NON DOGOWNER FROM HIGHLAND PARK WITH A POLICE BADGE.

holmantx
holmantx topcommenter

 @observist No doubt Can the dog is a blogger on Fair Park.  He knows his rights and besides, he is but merely a product of his environment and cannot be held accountable.

deb_wolfe
deb_wolfe

 @NiteRider Perhaps if you'd read my initial post, below, on this topic, you'd have not made so many inaccurate assumptions about me. Even without that, I thought I made it very clear above that it is my responsibility to keep people from approaching my dog without permission, and I believe that is every dog owner's responsibility. It's really not that hard to do. There is no dog that will not bite under some set of circumstances. Invariably, those circumstances are quite predictable and avoidable, and, I'll type slowly so you get it this time, it is the responsibility of EVERY DOG OWNER to understand that and manage their dog's public interactions. As I said below, Cain's clueless owner especially should not have put his dog in a situation where he knew he was likely to bite. That dog obviously does not belong in a public place. I would bet you, however, that that dog was not born aggressive, and that his current behavior is a consequence of poor socialization. It is extremely unfortunate for both the dog and the victims that his owner is incompetent. I can't stress the owner responsibility part of this enough, apparently.By the way, if you hate dogs so much, stay out of the places they are EXPLICITLY allowed to be.

anonymous
anonymous

 @DirtyP1 You have to call Animal Control. If the police come to the incident scene sometimes they will call Animal Control. But don't count on it. Animal Control is short staffed and often they can't send a representative to address your call / incident for a day or more after it occurs. especially if it's after business hours or on a weekend. You have to actually request to file a report and you must have all the information about the dog owner so Animal control can visit the owner, where the dog is housed, and make an assesment of the pooch. After the assesment animal control determines if a hearing to certify the dog as dangerous is warranted.

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