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by: davidsirota

07/04/07 @ 09:21:22 AM MDT


Today's story in the Denver Post is a pretty solid example of the difference between legislating and overlegislating. Apparently, Denver is experiencing a citywide law enforcement crackdown on the supposed frightening emergency that is a wave of people daring to have their dogs with them when they sit in the outdoor patio sections of public restaurants. The horror, I know.

Obviously, there are certain basic laws governing the economy that are really important - like laws protecting the environment, which we as a society have no choice but to rely on to sustain human life. The same thing goes for the food service industry in particular. Take, for instance, Colorado's restaurant smoking ban. This is a necessary health protection to make sure the thousands of people who work in restaurants aren't forced to breathe in second-hand smoke that they physically would not be otherwise able to avoid in doing their job. Similarly, no one should have any problem whatsoever with the basic laws that prevent pets from being inside restaurants, so as to prevent their fur or whatever other unsanitary detritus from floating into food being prepared. All of that is just solid legislating - and in our deregulated economy, we need more of those kinds of commonsense protections, not less.

But laws preventing dogs from being on outdoor sidewalk sections of coffee shops? Seriously, is that some sort of bad joke?

davidsirota :: Defending Monty's Honor: Denver's Example of the Difference Between Legislating and Overlegislating
I guess I'll leave open the possibility that there is some utterly compelling case to be made that someone having their dog on the sidewalk outside a coffee shop (as opposed to a food-preparing restaurant) is some sort of massive public health emergency. But it seems to me that this is just overlegislating, especially when you consider that the justification for the law is, according to the Post, to appease "patrons who prefer a dog-free patio" and "complain about the four-legged visitors." I mean, out of all the public health issues in a state whose budget has been handcuffed by TABOR, aren't there just a few more pressing priorities for our public health officials to be spending precious resources on than making sure dog haters can drink their lattes without - gasp! - having to look at the Fidos they so despise?

This isn't in any way to say that we need a Dog Bill of Rights, forcing coffee shops to automatically allow dogs, or preventing them from banning dogs on their property. And this isn't to say that patrons at eating establishments have to like dogs on patios. But this is really the kind of thing that should be left up the free market - and I say that as someone who is, to say the least, not a free market fundamentalist.

If you don't like people bringing their pets with them to the outdoor sections of a given coffee shop, then go get your cup of Joe somewhere else. In the words of Alec Baldwin in Glengarry Glen Ross: "If you don't like it, leave." Unlike other necessities where regulation really is necessary (think health care, energy, etc.), you don't NEED to go to a specific coffee shop if you don't like its pet policy.

Similarly, if a coffee shop doesn't like dogs or has a marketing plan to specifically cater to dog-haters, that proprietor should be allowed to simply ban pets on its patio. But the idea that the city government needs to issue a blanket ban to specifically appease a group of "patrons who prefer a dog-free patio" and "complain about the four-legged visitors" - well, you don't need to be a card carrying libertarian or someone with an overly extreme sense of the Great American West's ethos of individualism to know that's just absolutely ludicrous.

POINT OF DISCLOSURE: If this post seems like a bit of a rant, I apologize up front, but I am the proud owner of a dog named Monty (whom the Rocky Mountain News made fun of), and really have little tolerance for "patrons who prefer a dog-free patio" and who "complain about the four-legged visitors" - and thus who expect a law to be passed to fit the personal fancies/animosities they apparently require as a setting for their coffee-drinking experiences.

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We're a culture of fussbudgets (0.00 / 0)
and grown up babies. I couldn't agree with you more.

Fie on the "I"m entitled to bring my personal environmental preferences everywhere I go and order the world like a pizza" dog haters. Have a pox too.


calling a lawyer (0.00 / 0)
I'm not sure what is the case for the coffee shop mentioned in the Post article but in my neighborhood, any patios operated by a business whether it be a coffee shop or full fledged restaurant does so on a public sidewalk for which the city has provided a permit.  It's still a city sidewalk.  Is city council saying they can deem which sections of sidewalk dogs are or are not allowed?  Anyone with more knowledge care to chime in?  Remember, I said more knowledge, so I'm not asking our current troll to spout off again about Manzanares.

About your dog... (0.00 / 0)
goldendoodles and laberdoodles are two of the most popular breeds currently around.

The smarts of a Standard Poodle combined with the temperament of a Retriever, plus they don't shed and they are great for folks that have allergies.

I own a pet care service in a mountain town and there are tons of them here in Colorado and a couple of great goldendoodle breeders.

So...long story short, fuck the RMNews. 


Agreed (4.00 / 2)
I love Monty, and I love the doodle breeds in general. My failure was not portraying my dog as a ferocious, fire-breathing populist railing against the purebreed elitists at the American Kennel Club :)

[ Parent ]
How strange. (0.00 / 0)
I always assumed that the "no dogs on the patio" signs at various restaurants were voluntary and were an attempt to ward off liability should someone get bitten.  Didn't know there was an actual regulation about it.

I will say I could see there being a problem, but I don't see why those cases (a poorly trained dog or two dogs who don't get along for instance) can't be dealt with on an individual basis. 


dogs! Dogs! DOGS! (0.00 / 0)
Why has everyone suddenly decided that just because you love your dog that I must love it too?  I don't know if dogs on patios are a public health risk.  I do know that some people (myself included) are put off by unfamiliar dogs barking at us, jumping on us, and generally acting unpleasant.  Owners invariably respond with "oh, he doesn't bite" or "she just likes you".  As if they know either of those things to be true.  Maybe they are doggie psychics and I should give them the benefit of the doubt.

If people want to treat their dogs like children, fine with me.  But they should do it in the privacy of their homes, or else move somewhere where their dogs can roam free without fetters.  Montana, maybe?

No longer participating at SquareState.net


It's a class issue (0.00 / 0)
I live right by this particular coffee shop, so I feel I can say this:  We are talking about a bunch of upscale Cherry Creek North residents upset that they can't take their dogs everywhere they want.  But the fact is, this coffee shop also sells food, so it is subject to the same laws that apply to all outdoor sections of restaurants.  And something tells me the outcry would be going the other way if some burger joint on West Colfax was letting people hang out with their dogs in an outdoor eating area.  Or, for an even more inflammatory example, I could imagine a TV expose that the city was allowing an ethnic restaurant serving an immigrant population to let people bring their dogs into an outdoor serving area.

So, it seems to me that the "free market solution" is to let the coffee shop decide it doesn't want to also be a restaurant, if it wants to have dogs on the patio.  (Now, if the city says serving coffee alone is enough to trigger the dog ban, then yes, I do have a problem with that.)

Illegal is not a noun


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