Diggy the Dog's Case Takes New Turn as Owner Continues Battle Over Town's Pit Bull Ban

Dan Tillery adopted Diggy from the Detroit Dog Rescue after he had been at the shelter for nearly 100 days

Despite two veterinarians declaring him an American Bulldog, the Internet's beloved dog Diggy is still facing eviction from his home over a town law banning pit bulls, his owner said. 

Detroit musician Dan Tillery, Diggy's owner, said Monday the Waterford Township prosecutor has decided to follow through with a case aiming to remove Diggy from the town after authorities said the dog appeared to be a pit bull. 

"Don't worry Diggy is safe at home with me and his momma," Tillery wrote on Facebook. "My Lawyer and I are going to do everything possible to make sure Diggy stays in his home with us, his family."

Tillery has been fighting to keep his beloved rescue pup after a photo of the two went viral, garnering attention from the Waterford Township Police Department.

Tillery adopted Diggy from the Detroit Dog Rescue after he had been at the shelter for nearly 100 days. A photo of Diggy smiling with Tillery at his new home quickly took over the Internet.

According to the rescue, animal control and veterinary paperwork classified Diggy as an American bulldog, and the rescue called the township before approving the adoption.

But city officials "made a visual identification on Diggy and classified him as a pit bull," the rescue wrote in a Facebook post.

Two weeks ago, an independent Waterford veterinarian determined Diggy is an American bulldog and that paperwork was submitted to city officials. 

On Monday, however, the rescue said "the city is skeptical to believe veterinarians now, because they think any vet would just want Diggy to stay in a good home."

"We are extremely disappointed in this decision and feel we have fulfilled every request of the city, even before Diggy's adoption," the post read.

The Waterford Township Prosecutor did not immediately respond to requests for comment on the case. 

The Michigan city has an ordinance banning pit bulls or pit bull terriers. According to the ordinance, that includes "any dog which exhibits those phenotypical characteristics which substantially conform to the breed standards established by the American Kennel Club" for American Staffordshire terriers, Staffordshire bull terriers, or American pit bull terriers.

Police could not immediately be reached for comment on the matter, but told the Oakland Press they gave Tillery a three-day grace period to remove Diggy from the home.

Waterford Police Chief Scott Underwood told the publication "it's a pretty clear case of an ordinance that makes it clear what's permissable and what's not."

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Tillery said he anticipated there may be questions surrounding his beloved new pup after the photo went viral, but what he didn't expect was that his dog's appearance would be enough to cause such a problem.

"I thought that because I had two vets' paperwork, I thought that’d be it," he said. "I did not expect for them to say, 'Well he looks like a pit bull to me so he’s got to go,' and for the whole world to rally around the dog."

A petition looking to keep Diggy at his new home and lift the "pit bull ban" has since received nearly 80,000 signatures. 

"This ordinance has been in place for many years," the petition says. "Many families have had to give up their family pets due to this law. It is important for all of us to come together and be a voice for not only Diggy the American Bulldog, but all of the pets and people that have suffered heartache in the past years. We must remember, it is not the animal that is the beast, it is man that creates the beast. Aggressive dogs come in all shapes, sizes, and BREEDS. This should be handled on a case by case basis."

Tillery said while he appreciates all the support and hopes no other dog gets discriminated against like Diggy, his focus remains on his current battle.  

"I have no intentions of Diggy going anywhere," he said. "Diggy's my dog."

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