Thursday, August 31, 2006

NYC Health Code in trouble

Below are the scenarios that can occur once the judge makes his ruling regarding "off leash privileges. It is an issue that should be taken very seriously if you value your time in the city green spaces. This is an example of a small interest group with a loud voice forcing their agenda on the vast majority of New York City residents. The source of the material is (ironically) from the FIDO website:

"NYCdog’s analysis about what this could mean for the dog owners of NYC that rely on Offleash Hours:

Several scenarios could occur at this point:

1) The judge could decide that the JPCA does not have standing and dismisses the case without a ruling. Our side strenuously argued that the JPCA does not have standing (see the NYCdog Memorandum of Law on

2) If the judge decides that the JPCA does have standing, he could still rule in favor of the Parks Department, which would mean there would be no change in the Parks Offleash Policy.

3) If the judge decides that the JPCA does have standing, he could rule in favor of the JPCA.

If the judge rules in favor of the JPCA, there is a good chance that the Parks Department will automatically appeal the ruling. This would grant a stay to any decision Judge Kelly renders and the case goes to the Appellate Court. This could take from 1-2 years.

In the meantime, as stated openly in court by the City’s Corporation Counsel, the City will immediately begin the 90-day process of attempting to append the Leash Law to accommodate Park Offleash Hours. If this process is successful, it would render any court decision, either in Supreme Court or Appellate Court moot with regard to the Offleash Policy, and Offleash in NYC Parks would continue and be even stronger than before, since it would then be codified into law. For the past 20 years, the Offleash Hours has been a discretionary accommodation from several different Parks commissioners. Codifying Offleash Hours into law would preserve the current policy and the NYC dog owner community would not have to worry about Offleash Hours continuing or disappearing with the arrival of each new Parks Commissioner.

So, it is possible that Parks could lose this case, yet Offleash Hours would survive stronger than ever because the City will attempt to change the law to specifically permit Offleash Hours and dog parks."