Pooper Scooper Law

December 8, 2008
Decision of Interest on Jay B. Itkowitz’s Cases While He Was Employed at the Office of the Corporation Counsel of the City Of New York, Prior to Mr. Itkowitz’s Entry into Private Practice
Schnapp v. Lefkowitz
101 Misc.2d 1075, 422 N.Y.S.2d 798 (Sup. Ct. N.Y. Cty. 1979)
The Pet Owners Protective Association and individual dog owners challenged the constitutionality of the NYC “Pooper Scooper Law.” The pet owners attacked the “Pooper Scooper Law” on various grounds, including their claim that it would infringe on the religion of Orthodox Jews by requiring them to “pick up” on the Sabbath and would “create hardships for infirm and disabled dog owners.” The court rejected the challenges and upheld the constitutionality of the law, determining that “New Yorkers can once again hold their heads up high.”  Link to Full Text of Decision