A federal magistrate for the Northern District of California has dismissed citations that were issued by National Park Service (NPS) officers to three dog walkers at San Francisco's Crissy Field. The ruling, by U.S. Magistrate Elizabeth Laporte, has placed the whole issue of off-leash dog walking in the Golden Gate National Recreation Area (GGNRA), part of the Park Service, back on center stage. And the confusion engendered by this decision makes it even more imperative that a Negotiated Rulemaking process on Dog Management in the GGNRA be convened to address this issue in our community.
The history of the off-leash dispute is a long and convoluted one. In 1979 the National Park Service issued guidelines for a Pet Policy, which permitted off-leash dog walking in several areas, including Crissy Field. The Park Service implemented these guidelines and permitted the public to walk dogs off-leash. The 1979 Pet Policy was not adopted as a formal regulation, but it was de facto policy in effect for many years. At the same time, an NPS regulation, 36 C.F.R. Section 2.15 (a)(2), makes it unlawful, with some exceptions, for any dog to be unrestrained on national park land. A 2001 public hearing, called by the GGNRA to consider changes to the 1979 Pet Policy, was adjourned without any action being taken. Soon afterward, however, the NPS began to enforce Section 2.15, requiring that dogs be leashed in the GGNRA. The three defendants in the case before Magistrate Laporte, argued that the NPS could not enforce Section 2.15 over the 1979 Pet Policy without notice and a comment period as required in another part of 36 C.F.R., Section 1.5(b).
In dismissing the citations, U.S. Magistrate Laporte agreed that the leash regulations that have been enforced since 2001 amounted to an alteration in government policy, and violated federal rules that require notice and public comment prior to a change. While many dog owners welcomed the ruling, A GGNRA spokesperson has said that, despite the invalidation of the citations, the GGNRA considers the off-leash ban at Crissy Field still in effect.
Earlier this year, the independent U.S. Institute of Environmental Conflict Resolution chose two teams of neutral assessors to conduct an initial evaluation into the feasibility of successfully convening an impartial Negotiated Rulemaking process to resolve the thorny issue of off-leash dog walking in the GGNRA. The SF/SPCA is hopeful that a favorable determination will expedite negotiations between the GGNRA, San Francisco dog owner/guardians and other stakeholders, leading to an outcome that is both fair and effective.
