The dog wasn't out for a walk, he was in his front yard unchained. He saw us approaching from several houses down the street and got territorial. He didn't charge up growling or anything like that. He just walked up and then bit my dog. Some breeds are a lot more protective of their owners property than others. That's why they make good guard dogs. And, if you read the original post, the owner has a documented history of letting his dog roam free and attacking others. Hardly an example "punish people because they can do something wrong" as opposed to "punish people because they HAVE done something wrong".