Patrick Murphy
July 18, 2001

After the Trial

I begin with a quote that addresses the perception that this issue is trivial and "dust in the wind". This issue is not only linked to environmental issues, but social issues of behavior and responsibility. As the poet, Francis Thompson, expresses it in "The Mistress of Vision"-

All things by immortal power,
Near or far,
Hiddenly
To each other linkèd are,
That thou canst not stir a flower
Without troubling of a star

I am a plant ecologist, I have lived in Boulder for 32 years, and I have had three dogs in my life. I don't hate dogs, I love dogs.

I received two consecutive harassment citations on May 10, 2001. The second citation resulted in my arrest and booking at county jail. Now that the case had been ....

In the first citation I video taped a woman who had a dog off-leash at Casey Middle school. I contacted police immediately prior to the video taping using a cell phone. I was in contact with Animal control while I was following the lady, and I contacted police as soon as she entered a building. During the conversations with the officers that issued the citations I asked why it was a problem to videotape and report the location of someone who had violated the law. I was told that video taping was acceptable but following was not. The officers showed me the text of the harassment regulation, and the first sentence indicated that "intent to harass, annoy, or alarm" is pivotal. My intent was to see that the lady received a citation, and I did not verbally or physically threaten her or impede her other that letting her know in a respectful way that animal control was on the way and she would receive a citation. I am not a vigilante. Vigilantes take the law into their own hands, I do not. What I do is document violations of law, and find the location where police or Animal Control can contact the violator. At that point I am done.

I do not attempt to arrest, detain, or frighten those who break the law. The fact that it is very upsetting to get caught breaking the law, and to know that you will receive a ticket, court date, and fine, is unfortunately the only way some people will obey the law. This kind of direct confrontation is both legal and good. As Clay Evans has so personally demonstrated in his article "The Courage to Criticize" (Boulder Camera, March 18) direct confrontation sometimes hurts the one who is confronted with their bad behavior, and in his words, "...thank God".

The second event, which triggered my arrest and booking, occurred as I was returning home. This is all on tape and will soon be available at my web site. I decided to video tape the signage at Casey to document how clearly the area is marked as a leash-only area.

Immediately after taping the signs and turning off my camera, I noticed two dogs off-leash. There were two separate people, a man and a woman also on the trail. One dog was about 60 feet ahead of the man and the second dog was defecating about 20 feet behind the lady. I turned my camera back on, and very politely asked the man if he knew that he was required to have his dogs on leash at all times. He did not answer. I politely and respectfully mentioned that the trailing dog had defecated. He did not answer. At that point I presumed that the trailing dog belonged to the lady. I asked the lady if the dog was hers, and she shook her head no. I then called the dog to me to videotape the tags to determine the owner, and the man behind me then yelled "Hey" and then, "don't touch my dog". I immediately backed away, explained what I was doing and left. I had followed the officer's direction and video taped but did not follow. I went home, copied the tapes and was in the Boulder Police station to deliver them when I was arrested. The man with two dogs claimed that his dogs were on "long leads" and I had yelled and acted bizarre, was disturbed and should be feared as an obsessive lunatic. The tape now demonstrates that I was very polite and the dog owner, a Mr. Chanin, not only resisted following the laws, but lied about me and lied in writing the to police. Why? Because he thought he could get away with it.

There are over 25,000 dogs in Boulder, less than 20% of them are licensed. About 80% of the dog owners in Boulder know that they can at least get away with that. That is in a fundamental way, the beginning of the chain that has led to Chanin.

The negative impacts that result from the arrogant attitude of some dog owners are what motivate me to do the things I do. Many years of education and positive reinforcement efforts by FIDOS, the city, and the county have done much good. There has been a modest attempt at improving enforcement. The maximum fines for dog-related violations have been increased to a level that is appropriate ($500.00), but the enforcement effort has not kept pace with the dimension of the problem. I often hear that only a small percentage of dog owners are irresponsible. I don't agree, but regardless of the percentage, the total real numbers are high. I base this on the fact that I see dogs off-leash and abundant dog excrement almost everywhere, almost every day. What motivates me the most is the negative impacts of dogs on Open Space. If many people will not obey the laws in the city, why should anybody think they would obey them on Open Space? Fact is, many do not.

I have now been subjected to the court system myself, and because of this my behavior has been modified (see below). I have no problem with this, after all, this is the same system to which those who continue to break the dog laws will be subjected. I hope their behavior will be modified.

I have never been arrested before in my life. The fact that the citation that ultimately led to my arrest was based on lies (see the video on the web) from someone who had just violated the law, and yet received the full support of the police, confirms something that others, and I have experienced. Some dog owners can lose touch with reality and the laws, as well as common sense and common courtesy, when respectfully confronted with their selfish behavior. At times they can even become violent. That is indeed a risk, but a risk that I have a right to take. I don't rock climb, hang glide, parachute or ride horseback, but those are risks that others have a right to take.

Regarding the modification of my behavior:

-I will always keep the camera rolling no matter what, so that every word and event is documented.

-I will always call police dispatch and notify them of my actions, and request that they record the time of my call.

-Whenever possible I will record the events and determine the location of the violator without their knowledge in order to minimize their stress.

Remember, the real issue is learning to be aware of, and dealing with, negative impacts of dogs. Denial is one hurdle that must be overcome. I am just a messenger.

The fact that some people who are breaking the law will not respond to polite peer-pressure should come as no surprise. I believe that one of my first letters to the Open Forum on this issue called for peer-pressure. Many letters from others have done likewise. I now believe that peer-pressure is less effective than I hoped. This is due to both the numbers of recalcitrant dog owners, and because of an interesting social phenomenon I call the sacred cow-dog. People are afraid to apply peer-pressure because they are ridiculed, called dog-haters, issued harassment citations, and even get broken bones. I want dog owners to be responsible and drop the eternal list of excuses that they apply to their own violations of the law. That is the Boulder I am working for, a population that is tolerant and aware of others, rather than demanding that "others tolerate me and my bad behavior".

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Dog excrement is not my obsession. It is however a direct, real, quantifiable, and most importantly, a symbolic representation of human ability to use the dog as an excuse for bad behavior. I have observed that the dog is often used as a symbol of "niceness" that has also become a huge commercial icon. The possession of a dog sometimes seems to suspend the rules of common sense and common courtesy. Is it OK to have a dog run toward or jump on someone who is not comfortable with, or allergic to, dogs? Of course not, but this happens on Open Space trails. Is it OK to leave dog excrement behind or allow dogs off-leash in the city? Of course not, but this happens. These kinds of behaviors occurring under the pretext of, "they are OK because no harm is done, and I have a dog and therefore I am nice", create a community that is not really "tolerant of others" but rather demands that others "tolerate me and my bad behavior".

The domesticated dog has been with mankind for a long time. The dog has been, and currently is, used as a way to defend against and harvest nature, and as a companion. Just like the humans with whom the dog has coevolved, they have made a split with wild nature, and now are teammates in the domination of nature. We as humans, and as humans who own dogs, must be aware of our impacts, not deny or marginalize them.

The negative impacts of dogs are real. Many dog owners are fully aware of this and actually (versus sort-of and sometimes) take responsibility to minimize the impacts. Thanks to you, and may the irresponsible dog owners learn to be just like you. In the mean time, if I meet a dog owner who is breaking the law I will talk with them, and report them, and perhaps meet them in Court. I hope they will learn to tolerate me and others like me. I am focused, I use facts, I am persistent, I am polite, I am human, and I am tolerant. Tolerance is so important and complicated. On the other hand the rules and laws are quite simple. Do not allow your dog to jump on or bother others, pick up the dog poop - immediately and always, and notice if dogs are damaging the vegetation on trails and creeks.

I used to work at a summer camp and outdoor education center that has as its motto - Love and Awareness. This motto acknowledges that there really isn't any love without awareness. If you love others, be aware of the impacts of your dog on others. If you love nature, be aware of the impacts of your dog on nature. If you love your dog, be aware that they can not know their impacts. If you love yourself, be aware that your life will be better if you act responsibly.

I hope you will soon enjoy Open Space and City Space with only a rare presence of dog excrement instead of hundreds, no plastic bags filled with excrement along the trails or hiding behind rocks or in the tall grass, no dogs off-leash in other than designated areas, and an increased sensitivity to the negative impacts of dogs in off-leash areas on Open Space. Do what you can to help, and if you are a good dog guardian, that includes following the laws.