PORTLAND, Maine — The city of Portland is being sued over a rule requiring dogs be leashed during certain times of the year in Baxter Woods.
Marc Lesperance, a city resident and dog owner, filed the lawsuit in Cumberland District Court. Lesperance argues the law, requiring dogs in Baxter Woods be on an eight-foot leash from April 1 through July 31, goes against the park's intended use.
"The four month period is not in keeping with Gov. Baxter's intent for how this park should be managed," Lesperance told NEWS CENTER Maine.
Former Maine Gov. Percival Baxter gifted the 29 acres to Portland in 1946, according the city's website.
"What I would like to see happen is that we, at least, have daily off-leash hours," Lesperance said. "I'm not asking for the world. I'm not asking for anything special. We're just asking to not impose that four-month ban."
From Aug. 1 through March 31, dogs are allowed off-leash in the park from 6:30 a.m. to 9 a.m. and from 3 p.m. to 10 p.m.
Lesperance is also challenging how the city issues violations to those who break the rule. He was issued a $500 fine by a judge for walking his dog off-leash.
He said he has a lot of support for the suit. However, some dog owners say the rule he wants to repeal is important.
“We walk here in Baxter Woods mostly when the total leash law is in effect,” Lara Burns, who has a dog named Roco that is reactive when he meets other dogs, explained. "We’ve had occasions when off-leash dogs haven’t been under vocal control and they approach us, and it’s pretty upsetting to try to avoid a dog that’s coming at you, even if they’re nice and friendly.”
For Lesperance, this isn’t his first time challenging the law after a district judge rejected his previous suit.
“This is a more complete case,” he added.
NEWS CENTER Maine reached out to the city about this lawsuit. The city responded with a statement, saying, “The city received the complaint on Monday, April 29, and has not yet had an opportunity to review it closely or assess the merits.”
Read Lesperance's full complaint below