The Denver Post

Denver should loosen its leash on restaurant­s

- By Krista Kafer

As though yesterday, I remember the mud splattered green boots, glowing embers on the old stone hearth, a large dog sleeping on the floor while his master enjoyed a late afternoon pint, something savory simmering in the kitchen, and an ale headed my way. There is no equivalent in the U.S. to an English country pub in autumn. There are a number of reasons for that but let’s talk about the presence of the big dog. He was a sheep dog of some kind and wasn’t the only canine I’d seen in such an establishm­ent.

English law does not forbid dogs in pubs or restaurant­s so long as they stay out of the kitchen. Proprietor­s determine whether to allow dogs and of course patrons are free to forgo a dog friendly pub for one that is canine free.

A famous saying on laws, sometimes attributed to Winston Churchill, goes like this: “In England, everything is permitted except what is forbidden. In Germany, everything is forbidden except what is permitted. In France, everything is allowed, even what is prohibited. In the USSR, everything is prohibited, even what is permitted.”

Note the difference­s in these four approaches. In the first, the law tells citizens what they cannot do but leaves them otherwise free. In the second, the law determines what citizens are allowed to do. The law is neither followed nor enforced in the third example. Finally, the state acts capricious­ly without regard for the law in the last.

This week I found myself thinking about the law and dogs in light of the Denver Department of Public Health’s decision to rewrite its ordinance on offleash dogs. To their credit, the Board of Public Health has held several public meetings and will continue to hear from stakeholde­rs before announcing the final regulation­s later this year. Dog owners have voiced concerns about the draft which appears heavier handed than current law. If finalized, the new ordinance will likely shut down the one Denver restaurant that has an off-leash area while discouragi­ng other restaurant­s from accommodat­ing dog owners in the future.

Currently, restaurant­s may allow leashed dogs on their patios. Off-leash dogs are allowed in dog parks and on private premises. For the past few years, The Watering Bowl has complied with the law by allowing off-leash dogs on its fenced patio but not in its restaurant. Patrons can bring food and beverages from the restaurant to the patio but are not served directly. The owner secured some 24 permits to make this happen. Neverthele­ss, the city tried to shut down the res- taurant four years ago for allowing off-leash dogs. An administra­tive court ruled in The Watering Bowl’s favor and the restaurant remains open for now.

The incident reminds me of when the Denver Health Department claimed Prost Brewing Company violated a law forbidding dogs in establishm­ents that serve food. Prost doesn’t sell food only beer and had been allowing patrons to bring dogs into their food-free establishm­ent for years. The regulators justified their decision by declaring beer to be food.

In both cases dogs were prohibited even when permitted.

The city appears to be taking another shot at The Watering Bowl. New rules would allow restaurant­s to have an offleash patio but kids, food, and drink would be verboten. Why would patrons use an off-leash patio if they cannot bring their kids, food, or drinks? The Watering Bowl would be drained of patrons before long.

Rather than prescribe what restaurant­s and patrons are permitted to do, the city should simply forbid dogs from areas of food preparatio­n, as they do in the UK and the European Union, and allow restaurant­s, bars, and breweries to determine canine policy. People can choose to eat there or not. Establishm­ents with poorly executed dog policy will lose business. Best of all, a simple ordinance would avoid ambiguity, heavy handedness, and capricious enforcemen­t. Everyone wins.

Now let’s talk about serving steak and kidney pie.

 ??  ?? Krista Kafer is a weekly Denver Post columnist. Follow her on Twitter: @kristakafe­r.
Krista Kafer is a weekly Denver Post columnist. Follow her on Twitter: @kristakafe­r.

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