Baxter Woods Leash Law Change Petition
Please go to the link below and consider signing this petition urging City Councilors to change the ordinance and allow DAILY OFF-LEASH HOURS, eliminating the 4 month ban in effect soon…
We organized as an official Friends group in September 2019 in order to fight against the City of Portland’s imposition of a leash law in Baxter Woods. Initially the City sought to ban off-leash dogs in MBW 24/7/365, which we vehemently argued against. Ultimately the City compromised (with itself apparently) and only banned off-leash dog walking for 4 months of the year from April through July, a period it said coincided with the migratory bird nesting season.
The new leash law was passed on 10/5/2020 after a 6 month delay due to the Pandemic. The Current City of Portland Leash Rules in Mayor Baxter Woods are as follows:.
1. Daily Off-leash Hours: 6am-9am, 3pm-10pm
2. Dogs must be leashed: 9am-3pm.
3. Dogs supposed to be on leash at all times in the Bird Habitat Restoration Area (on the Motherhouse side of the Woods)
FULL-TIME ON LEASH HOURS
IN ALL OF BAXTER WOODS ANNUALLY
FROM APRIL 1ST - JULY 31ST!!!
Other actions in process…
New Change Petition - please sign to urge City Leaders to consider DAILY OFF-LEASH HOURS IN Baxter Woods!!
https://chng.it/xtw6WQ4KJX
1. You may recall that our FoMBW Group President, Marc filed a civil complaint, about the MBW Leash Law, where he is the Plaintiff against the City of Portland (as Defendant) in February 2021. After almost 3 years, on October 23, 2023 the Judge finally dismissed Marc’s complaint. Dismissal was based on technical grounds that the District Court didn’t have jurisdiction over the municipal ordinance at issue, nor could the District Court decide on this type of Trust Case (pertaining to Irrevocable Trusts - such as MBW). In dismissing the case the District Court Judge purposefully did not issue a decision on the legal questions posed in Marc’s arguments - that in passing the MBW Leash Law - Portland City Council (the defendant), did not take into account Gov. Baxter’s intent regarding off-leash dogs. This matter of the law is still an open question
2. On 4/29/2024 Marc filed a new civil complaint, this time in Superior Court - the proper jurisdiction for cases involving municipal ordinances and irrevocable Trusts such as MBW. With 2+ years of knowledge on the legal process and a better understanding of the law and Courts involved under his belt, Marc is confident there will be fewer if any, and perhaps no technical flaws in this new case filing. The supporting precedent for his argument about Gov. Baxter’s intent and the incorrect if not illegal manner in which the City passed the MBW is leash law is strong. Based on a Maine State Supreme Court case that was decided in 1978, Fitzgerald vs. the Baxter State Park Authority (BSPA), involved how the BSPA conducted a massive tree clearing operation in BSP, that a concerned citizen like Marc took exception to, as a violation of Gov. Baxter’s intent for how the BSP should be managed. The MBW case is very similar, and to date the City Attorneys have made no legal argumentst refuting the case!
3. Marc has a second case, this one as a defendant - after receiving a citation for walking with his dog Marco off-leash in MBW in June 2023. The hearing for this case was held on Mon. 2/12/2024 and the Judge’s decision issued in 2/14. Judge Jennifer Nofsinger ignored all of his legal arguments, proclaimed the off-leash violation stood and fined Marc $500, although the City was seeking a $100. Marc appealed this decision on 3/1/24, and on 6/4/2024 submitted the appellant brief and appendix to the law court. The appellee/Plaintiff’s/ City’s brief was submitted on 7/22/2024 and Marc’s reply to the City’s brief on 7/30/2024. Currently the Maine Supreme Court, sitting as the Law Court is considering the case. They may schedule a hearing or will issue a bench decision without hearing.
4. As a group we believed at one point in 2021, after meeting with Councilor Zarro (who no longer serves on the Council) that there was a chance the current leash rules could be amended by City Council. But in the 3 years since, there was no action taken to remove the bans on off-leash rules in Baxter Woods and short of the Court issuing an injunction - no indication the current Council will do anything to stop the City’s punitive and arguably unauthorized enforcement of the egregious leash law imposed in 2020, we feel for no good reason. We have no current plans to work with City Council or City Staff on amending the obnoxious MBW leash law rules, but if the opportunity arises - we are willing to meet and discuss how the City is willing to decriminalize the daily walks we take with our controlled dogs in Baxter Woods.
5. At this time, with Marc’s 2 Court cases pending, If you are interested in sharing your thoughts with any members of City Council or Leadership, below are names and addresses where you can forward e-mails.
For talking points and other ideas or info about the leash law - please go to the "new leash law" and "unintended consequences” sections of the website.
District 1 - Anna Trevorrow *** - elected ‘21
[email protected]
District 2 - Victoria Pelletier *** - elected ‘21
[email protected] -
District 3 - Regina Phillips *** - elected ‘22
[email protected]
District 4 - Anna Bullett *** - elected ‘23
abullet@portlandmaine.gov
District 5 - Kate Sykes *** - elected ‘23
[email protected]
At Large - April Fournier *** elected ‘23
[email protected]
At Large - Pious Ali * elected ‘21
[email protected]
At Large - Roberto Rodriguez *** elected ‘22
[email protected]
Mayor - Mark Dion *** elected ‘23
mdion@portlandmaine.gov - term ends ‘27 (Mayor Dion met with us after the vote, when he was running for the D5 Council Seat back in 2020 and supported our call for daily off-leash hours. While he may have initially agreed that daily off leash hours every day of the year are reasonable, recently he has been a vocal opponent of Marc and our contentions.
City Manager - Danielle West *
[email protected] (as Corp. Counsel in 2020 - supported the leash law changes and allowed these inappropriate rules to take effect)
*voted for and/or supported the MBW leash law in ‘20
***joined Council after leash law passed
Please ‘cc any correspondence you send to City Council/Leaders to our e-mail address at: [email protected]
Please go to the link below and consider signing this petition urging City Councilors to change the ordinance and allow DAILY OFF-LEASH HOURS, eliminating the 4 month ban in effect soon…
We organized as an official Friends group in September 2019 in order to fight against the City of Portland’s imposition of a leash law in Baxter Woods. Initially the City sought to ban off-leash dogs in MBW 24/7/365, which we vehemently argued against. Ultimately the City compromised (with itself apparently) and only banned off-leash dog walking for 4 months of the year from April through July, a period it said coincided with the migratory bird nesting season.
The new leash law was passed on 10/5/2020 after a 6 month delay due to the Pandemic. The Current City of Portland Leash Rules in Mayor Baxter Woods are as follows:.
1. Daily Off-leash Hours: 6am-9am, 3pm-10pm
2. Dogs must be leashed: 9am-3pm.
3. Dogs supposed to be on leash at all times in the Bird Habitat Restoration Area (on the Motherhouse side of the Woods)
FULL-TIME ON LEASH HOURS
IN ALL OF BAXTER WOODS ANNUALLY
FROM APRIL 1ST - JULY 31ST!!!
Other actions in process…
New Change Petition - please sign to urge City Leaders to consider DAILY OFF-LEASH HOURS IN Baxter Woods!!
https://chng.it/xtw6WQ4KJX
1. You may recall that our FoMBW Group President, Marc filed a civil complaint, about the MBW Leash Law, where he is the Plaintiff against the City of Portland (as Defendant) in February 2021. After almost 3 years, on October 23, 2023 the Judge finally dismissed Marc’s complaint. Dismissal was based on technical grounds that the District Court didn’t have jurisdiction over the municipal ordinance at issue, nor could the District Court decide on this type of Trust Case (pertaining to Irrevocable Trusts - such as MBW). In dismissing the case the District Court Judge purposefully did not issue a decision on the legal questions posed in Marc’s arguments - that in passing the MBW Leash Law - Portland City Council (the defendant), did not take into account Gov. Baxter’s intent regarding off-leash dogs. This matter of the law is still an open question
2. On 4/29/2024 Marc filed a new civil complaint, this time in Superior Court - the proper jurisdiction for cases involving municipal ordinances and irrevocable Trusts such as MBW. With 2+ years of knowledge on the legal process and a better understanding of the law and Courts involved under his belt, Marc is confident there will be fewer if any, and perhaps no technical flaws in this new case filing. The supporting precedent for his argument about Gov. Baxter’s intent and the incorrect if not illegal manner in which the City passed the MBW is leash law is strong. Based on a Maine State Supreme Court case that was decided in 1978, Fitzgerald vs. the Baxter State Park Authority (BSPA), involved how the BSPA conducted a massive tree clearing operation in BSP, that a concerned citizen like Marc took exception to, as a violation of Gov. Baxter’s intent for how the BSP should be managed. The MBW case is very similar, and to date the City Attorneys have made no legal argumentst refuting the case!
3. Marc has a second case, this one as a defendant - after receiving a citation for walking with his dog Marco off-leash in MBW in June 2023. The hearing for this case was held on Mon. 2/12/2024 and the Judge’s decision issued in 2/14. Judge Jennifer Nofsinger ignored all of his legal arguments, proclaimed the off-leash violation stood and fined Marc $500, although the City was seeking a $100. Marc appealed this decision on 3/1/24, and on 6/4/2024 submitted the appellant brief and appendix to the law court. The appellee/Plaintiff’s/ City’s brief was submitted on 7/22/2024 and Marc’s reply to the City’s brief on 7/30/2024. Currently the Maine Supreme Court, sitting as the Law Court is considering the case. They may schedule a hearing or will issue a bench decision without hearing.
4. As a group we believed at one point in 2021, after meeting with Councilor Zarro (who no longer serves on the Council) that there was a chance the current leash rules could be amended by City Council. But in the 3 years since, there was no action taken to remove the bans on off-leash rules in Baxter Woods and short of the Court issuing an injunction - no indication the current Council will do anything to stop the City’s punitive and arguably unauthorized enforcement of the egregious leash law imposed in 2020, we feel for no good reason. We have no current plans to work with City Council or City Staff on amending the obnoxious MBW leash law rules, but if the opportunity arises - we are willing to meet and discuss how the City is willing to decriminalize the daily walks we take with our controlled dogs in Baxter Woods.
5. At this time, with Marc’s 2 Court cases pending, If you are interested in sharing your thoughts with any members of City Council or Leadership, below are names and addresses where you can forward e-mails.
For talking points and other ideas or info about the leash law - please go to the "new leash law" and "unintended consequences” sections of the website.
District 1 - Anna Trevorrow *** - elected ‘21
[email protected]
District 2 - Victoria Pelletier *** - elected ‘21
[email protected] -
District 3 - Regina Phillips *** - elected ‘22
[email protected]
District 4 - Anna Bullett *** - elected ‘23
abullet@portlandmaine.gov
District 5 - Kate Sykes *** - elected ‘23
[email protected]
At Large - April Fournier *** elected ‘23
[email protected]
At Large - Pious Ali * elected ‘21
[email protected]
At Large - Roberto Rodriguez *** elected ‘22
[email protected]
Mayor - Mark Dion *** elected ‘23
mdion@portlandmaine.gov - term ends ‘27 (Mayor Dion met with us after the vote, when he was running for the D5 Council Seat back in 2020 and supported our call for daily off-leash hours. While he may have initially agreed that daily off leash hours every day of the year are reasonable, recently he has been a vocal opponent of Marc and our contentions.
City Manager - Danielle West *
[email protected] (as Corp. Counsel in 2020 - supported the leash law changes and allowed these inappropriate rules to take effect)
*voted for and/or supported the MBW leash law in ‘20
***joined Council after leash law passed
Please ‘cc any correspondence you send to City Council/Leaders to our e-mail address at: [email protected]
COUNCIL VOTE ON 10/5/2020: THE CITY COUNCIL VOTED 8-1 IN FAVOR OF THE LEASH LAW RESTRICTIONS:
(1) only on-leash dog walking permitted after 9 a.m. and before 3 p.m. (August 1st to March 31st)
(2) off-leash dog walking permitted only before 9 a.m. and after 3 p.m. (August 1st to March 31st)
(3) four months (April 1st - July 31st) with NO off-leash dog walking permitted
(4) a new section of MBW that runs from Forest Ave. to Stevens Avenue north of the main trail with a year-round prohibition of off-leash dogs.
City Council members ignored our request for daily off-leash hours throughout the year - before 10 a.m. and after 2 p.m., year round, with no division within Baxter Woods. We are waiting to hear the outcome of Marc's legal cases requesting that the City honor Governor Baxter's love of walking the woods with his dogs off-leash, and cease its unauthorized enforcement activities in MBW.
(1) only on-leash dog walking permitted after 9 a.m. and before 3 p.m. (August 1st to March 31st)
(2) off-leash dog walking permitted only before 9 a.m. and after 3 p.m. (August 1st to March 31st)
(3) four months (April 1st - July 31st) with NO off-leash dog walking permitted
(4) a new section of MBW that runs from Forest Ave. to Stevens Avenue north of the main trail with a year-round prohibition of off-leash dogs.
City Council members ignored our request for daily off-leash hours throughout the year - before 10 a.m. and after 2 p.m., year round, with no division within Baxter Woods. We are waiting to hear the outcome of Marc's legal cases requesting that the City honor Governor Baxter's love of walking the woods with his dogs off-leash, and cease its unauthorized enforcement activities in MBW.
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Our Mission & Values
The Friends of Mayor Baxter Woods (FoMBW) group was created to advocate for the preservation and protection of Mayor Baxter Wood’s natural beauty and its historic and cultural significance in the Portland's Deering Center neighborhood. We formed specifically to organize as a group to defend ourselves against a small but powerful band of political activists bent on seeing a restrictive leash law enforced in Mayor Baxter Woods.
Please join us in protecting this invaluable community resource. To become a member of our Friends group, just send a message to [email protected]. We will add your name to our list.
FoMBW advocates for volunteer stewardship of our precious woods and community resource. Regular visitors to these woods rely on this rare inner-city forest for exercise, connection with nature, and both canine and human socialization.
In early 2019, the Parks Department initially proposed that dogs should be on leash 24/7/365, igniting a large negative response from our then unorganized group of avid off-leash dog walkers. In April the Parks Commission asked the Parks Department to revise its full time leash law - which resulted in the current complex ordinance of set hours, locations and seasonal leash law rules (see details in July 18th Parks Commission Meeting notes, Section II. b, ii here).
We believe that the wisdom and legacy of Governor Baxter's wishes should be honored and advocate that City Officials should adhere to the stipulations in the 1946 Deed gifting MBW to the people of Portland (see original deed here).* Beyond the Deed, as a matter of the law - Mayor Baxter Woods should be managed by the City as Gov. Baxter intended, in the way former City Leaders understood for decades, as a place where off-leash dogs were allowed. Gov. Baxter even wrote a book about his dogs and how he loved being with them off-leash.
We also believe that requiring dogs to be leashed will create a host of unanticipated, negative consequences for both dogs and humans (see both "New Leash Law?" and "Unintended Consequences" for elaboration).
In both public meetings as well as public and private correspondence, Parks Department Staff has unfoundedly complained of dogs harming bird populations (see here), noted examples of dog waste on the grounds, and cited incidents of dog aggression as reasons to enact the leash law. We offered counter-arguments to each contention posed by the City - and at every step in the process were ignored by City Staff, Parks Commissioners, and City Councilors. Denied the opportunity to present our facts in an equal block of time - we were only allowed 3 minutes of public comment time to refute the City’s list of misinformation and outright disinformation about what was happening in MBW.
The Parks Department has further stated that "education" has not led to compliance with the rules.
But City Staff was never interested in educating the public or even enforcing existing rules. Although they have posted signs regarding rules governing off-leash dogs, they have never attempted to enforce posted fines. In their arguments for the leash law, the Parks Director even suggested that current usage (off-leash allowances) are a violation of the deed, which is a ridiculous proposition and we dispute.
FoMBW was formed in order to provide both on-going education and resources to address the Park Department's concerns related to off-leash dogs. Given that the population of dogs and their owners evolves over time, and that MBW is experiencing increased use as a result of the City's social media PR along with Portland's population growth, we ask for an opportunity to provide education targeted to current and future dog owners. The dog-walking community does realize that the park has various user groups, yet we are its volunteer stewards who both walk in and care for these woods on a day-to-day basis, rain, shine, or blizzard. We are asking for an opportunity to organize and improve the day-to-day experiences of all MBW users.
Please join us in protecting this invaluable community resource. To become a member of our Friends group, just send a message to [email protected]. We will add your name to our list.
FoMBW advocates for volunteer stewardship of our precious woods and community resource. Regular visitors to these woods rely on this rare inner-city forest for exercise, connection with nature, and both canine and human socialization.
In early 2019, the Parks Department initially proposed that dogs should be on leash 24/7/365, igniting a large negative response from our then unorganized group of avid off-leash dog walkers. In April the Parks Commission asked the Parks Department to revise its full time leash law - which resulted in the current complex ordinance of set hours, locations and seasonal leash law rules (see details in July 18th Parks Commission Meeting notes, Section II. b, ii here).
We believe that the wisdom and legacy of Governor Baxter's wishes should be honored and advocate that City Officials should adhere to the stipulations in the 1946 Deed gifting MBW to the people of Portland (see original deed here).* Beyond the Deed, as a matter of the law - Mayor Baxter Woods should be managed by the City as Gov. Baxter intended, in the way former City Leaders understood for decades, as a place where off-leash dogs were allowed. Gov. Baxter even wrote a book about his dogs and how he loved being with them off-leash.
We also believe that requiring dogs to be leashed will create a host of unanticipated, negative consequences for both dogs and humans (see both "New Leash Law?" and "Unintended Consequences" for elaboration).
In both public meetings as well as public and private correspondence, Parks Department Staff has unfoundedly complained of dogs harming bird populations (see here), noted examples of dog waste on the grounds, and cited incidents of dog aggression as reasons to enact the leash law. We offered counter-arguments to each contention posed by the City - and at every step in the process were ignored by City Staff, Parks Commissioners, and City Councilors. Denied the opportunity to present our facts in an equal block of time - we were only allowed 3 minutes of public comment time to refute the City’s list of misinformation and outright disinformation about what was happening in MBW.
The Parks Department has further stated that "education" has not led to compliance with the rules.
But City Staff was never interested in educating the public or even enforcing existing rules. Although they have posted signs regarding rules governing off-leash dogs, they have never attempted to enforce posted fines. In their arguments for the leash law, the Parks Director even suggested that current usage (off-leash allowances) are a violation of the deed, which is a ridiculous proposition and we dispute.
FoMBW was formed in order to provide both on-going education and resources to address the Park Department's concerns related to off-leash dogs. Given that the population of dogs and their owners evolves over time, and that MBW is experiencing increased use as a result of the City's social media PR along with Portland's population growth, we ask for an opportunity to provide education targeted to current and future dog owners. The dog-walking community does realize that the park has various user groups, yet we are its volunteer stewards who both walk in and care for these woods on a day-to-day basis, rain, shine, or blizzard. We are asking for an opportunity to organize and improve the day-to-day experiences of all MBW users.