A Shawnee woman suing her neighbors for injuries sustained after she says their dogs attacked her is now hoping for broader changes at the city level.
In early August, Elena Asher filed a civil lawsuit in Johnson County District Court against her neighbors after their two dogs — a bull mastiff and a pitbull mix — allegedly attacked her while she was jogging near her house in the Crimson Ridge subdivision in March.
Asher was taken to Overland Park Regional Medical Center, where she was treated and told she would have permanent scarring on her arm and leg. She still has tingling and numbness in her left arm, her civil complaint says.
Since then, she has spoken openly about her injuries during public comment portions of two Shawnee City Council meetings, asking city councilmembers to change municipal ordinances to address animals that attack people.
So far, she says, they are not listening.
“It’s just been a struggle to get any real action with it,” she said. “Because in Shawnee — and I didn’t know anything about our dog laws either — but come to find out, if you have an animal that attacks and tries to hurt someone else, there are no laws that require even an impound process.”
Lawsuit says neighbors’ dogs attacked her
During the alleged attack, Asher says she was bit by two dogs belonging to her neighbors on Silverheel Street.
“Without provoking the dogs, (they) violently lashed towards Elena, attacking her, dragging her to the ground, ripping flesh from her arm and thigh,” the civil complaint reads.
The dogs’ owner recently got the dogs from an animal shelter, court documents said, and lost control of them during the attack.
“The (owner), even though she had them on leashes, because they were so big and because she hadn’t had them very long, so I don’t think she had a good idea of their temperament,” Asher said in an interview with the Post.
The neighbors named in the lawsuit confirmed to KMBC that they have since euthanized the bull mastiff, and the pit bull is now temporarily back in their possession.
A “Beware of the Dog” could be seen at the entrance of Asher’s neighbors’ house on a recent visit.
Attempts to reach out to the neighbors by the Post for this story, including knocking on their door, were not returned. They have no listed legal representation, according to Johnson County Court records. No court date has been set for a hearing on Asher’s lawsuit.
While Asher says she still jogs on the roads by her house, she does it now while carrying pepper spray and wearing a sleeve on her arm to cover up her scars.
“No medical has been paid, nothing like that, which is why we ended up having to file a lawsuit, because nothing has happened,” she said. “Just the mental anxiety of this, because I’m not normally a nervous type person, but this has made me just very distraught.”
City said rules wouldn’t prevent harm
While Asher spoke about her attack to city council and her councilmembers, she feels she’s gained no momentum with a push for broader changes in city code.
The city says it was “saddened” by the attack but feels no ordinances could have prevented it, Doug Donahoo, Shawnee’s communication director, said in an email.
“We have been in contact with Ms. Asher and have carefully considered her suggestions,” he stated. “While we appreciate her input, we believe that changes such as restrictions on specific dog breeds and rescue animals would not have prevented this incident.”
The city does have codes to address dangerous animals, including Chapter 6.14 of the city’s Code of Ordinances, which addresses the ownership of dangerous animals, including how they are kept and confined.
“We understand and have listened to her concerns,” he stated. “While no set of regulations can guarantee complete safety, the city maintains robust codes to ensure the well-being of both residents and pets.”
When it comes to bigger dogs, like a bull mastiff or pit bull, in the past decade, the city loosened its control on dog ownership.
In April 2016, the Shawnee City Council repealed its breed-specific ordinance that prohibited residents from owning pit bulls in the city, one of a number of Johnson County cities that have rolled back rules against pit bulls in recent years. It was a move that at the time was celebrated by local animal organizations like KC Pet Project.
Asher doesn’t want to force more laws
A dog owner herself, Asher said she doesn’t want to put more laws on the city’s books. But she wants to see some kind of accountability to avoid the trauma she went through.
“I’m a dog person myself, but we can’t have dogs that are just like, can do these things and nothing happens, right?” she said.
Despite Asher’s feelings, Donahoo stated the city is still looking out for its citizens.
