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Ocean Beach Blog
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Welcome to the Ocean Beach DOG Weblog...
This weblog serves as an online journal whose primary purpose is to
compile responses to the various court filings and press releases produced by the Center for Biological Diversity's staff
attorney Brent Plater. Mr. Plater's agenda calls for the complete ban of off leash recreation in all GGNRA
areas. In order to accomplish his objective, the Center for Biological Diversity has aligned itself with various
groups Mr. Plater has arbitrarily designated as "animal welfare organizations". Evidence will bear out that nothing could
be further from the truth....
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Friday, February 29, 2008
Plater's "Big Lie" Contest
Where’s
the Prize?
The GGNRA Big Year contest is receiving considerable and unwarranted publicity
as of late. This article explores the mistruths propagated by the events organizers.
It is ubiquitous. It has been all over the Bay Area news. You heard about it
on NPR. You've seen the billboards. You've been handed the fliers. Yes, perhaps every conceivable way an event can be promoted
has been exploited by the GGNRA Big Year contest organizers. But what is really behind this mass media propaganda blitz?
First, the entire premise of the Big Year is patently false. The contest portends
as its stated objective the complete recovery of the 33 endangered species that at one time or another called the GGNRA home.
In reality, most of these 33 species have been extirpated and will never be found in the GGNRA, or on the planet for that
matter, again. Others, like the humpback whale, are transients at best, and in fact have never called the GGNRA their home
base. But details like this don't concern the Big Year event organizers. The propaganda they are spewing is having its desired
effect. The extremists behind the contest really only care about one thing: keeping people permanently out of the GGNRA. This
is really what the Big Year is all about -- nothing more; nothing less.
Certainly, it was the natural course of man’s evolution and migration that
brought him to this area of expansive natural resources and breathtaking beauty in the first place. This was, simply put,
a natural and unavoidable confluence. And certainly, there is no doubt that man’s presence is a contributory factor in the
displacement of some species from their homes. But the Big Year organizers have set forth an aggressive and strident agenda
to reverse the effects of man’s footprints on this transformed wilderness. Reverting huge areas of open recreational space
surrounding a bustling urban metropolis back to its original state, i.e.., desolate wilderness, is not an easy task. Recognizing this, the Big Year event organizers have embarked on a campaign of mass
media propaganda in their attempt at fete accompli.
To further expose the Big Year for the sham that it has proven to be, one need
look no further than the advertised prize for winning the contest. After all, every contest must have a winner. And the winner
must receive some sort of prize, mustn't they? Well, the Big Year event organizers have been extolling the existence of such
a prize since the event’s inception -- no doubt in a feeble attempt to somehow legitimize the contest. But as one unpeels
the onion of the Big Year, one quickly comes to the realization that the promoted prize really doesn't exist. Yes, it appears
as though the prize is as enigmatic as the 33 endangered species that supposedly inhabit the GGNRA. Perhaps we need a contest
to try and find the prize?
Yes, the Big Year appears to be nothing more than a “Big Lie”. But as long
as the public continues to buy anything sold under the label of political correctness, as long as the "Save the Environment"
mantra is prominently displayed, then anecdote will continue to trump science and more “Big Lies” will be told. Perhaps it’s
about time the public begins to ask, "Where's the prize?"
Friday, February 8, 2008
Plater's "Big Year" -- Is It a Big Deception?
7:03 pm pst
Thursday, January 31, 2008
Trish King Refutes Brent Plater
The following is a reprint of a Feb. 2007 edition of "Fetch the Paper":
As we've reported recently in FETCH, the issues around off-leash use of public lands are heating up again (not that they
ever really died down--things were just quieter in the first phases of negotiated rulemaking).
In a recent letter to FETCH, off-leash opponent Brent Plater made some claims about prominent experts and their "views"
of dogs being off leash. One of them, Trish King, was mentioned in Plater's letter and Trish wants to go on record to let
everyone know her TRUE thoughts on off-leash time for dogs:
With reference to a letter to the editor in the February issue, the quote in question was taken out of context from an
article I wrote about dog parks. The article was a cautionary one about owners taking responsibility for their dogs,
and understanding potential problems in dog parks. The article is confined to enclosed dog parks, not open space areas
or trails. Dog behavior is complex and can change depending on the locale.
I would like to clarify my position on this matter; I am philosophically in favor of responsible
off leash play.
Trish is the Behavior & Training Director at the Marin Humane Society. Many dog owners respect Trish immensely
for her expertise and understanding of canine behavior and we appreciate that she's taking a stand for responsible off leash
play.
The following are comments from the above posting:
Brent Plater has demonstrated, over and over, that he will go to any length to lie. His
nonsense about "off-leash aggression" was put before the Court in United States v. Barley and rejected en toto. He has lied
to the San Francisco Police Commission, to a federal court, and to the San Francisco Animal Welfare Commission. He should
lose his license to practice law.
Monday, January 7, 2008
Brent Plater: A Case Study in the Art of Shameless Self Promotion
The following article was originally published on 12/30/2007 in the S.F. Independent Media (IndyBay).
It was removed the following day by IndyBay after persistent threats from Mr. Plater.
Brent Plater: A Case Study in the Art of Shameless Self Promotion
One merely has to look at his self-authored, self-supported web site, i.e.,
http://www.brentplater.com, and one quickly discovers what Brent Plater is really all about. Is it the environment? No. Is it endangered species? Hardly.
The recurring theme of that web site, and pretty much everything Brent Plater does, for that matter, is just one thing: Brent
Plater. Nothing else. Everything else is simply an illusion; a diversionary tactic; magician’s slight of hand and misdirection.
Just look at the commemorative painting Plater commissioned for his “Big Year” project. It is basically a picture of himself.
Not wildlife. Not the San Francisco Garter Snake. Not the Red Legged Frog. Not the Western Snowy Plover. This is
all about Brent Plater. Nothing else.
So what is this ubiquitous, narcissistic, self-styled environmentalist really
up to? Clearly he is grooming himself for a run at Washington D.C. Power has always been his goal. Political
office or perhaps a position as a highly paid lobbyist would be the delivery system to get him there. Consider his educational
background. A stint at Harvard’s Kennedy School of Government and U.C. Berkeley’s Boalt
Hall Law School
tells us all we need to know about Plater’s intentions. The Kennedy School of Government: because where else can one study
with the best the art forms of spin, deceit, political corruption, power grabbing and elitism – prerequisites for a gig in
the legislative branch. Boalt Hall: because pretty much everyone in D.C. is either a lawyer and/or has a rich, influential
daddy. A stint as a highly visible attorney with Center for Biological Diversity
where “the end justifies the means” and being in San Francisco allows him to cherry-pick liberal judges who are quite willing
to accept his boiler-plate pleadings. Yes, Brent has always known what he has wanted. I will cede him that. (I should note when CBD encounters a citizen or entity with some backbone and substantial financial resources,
and a judge willing to scrutinize the facts thoroughly, the results are not so favorable.
See appellate decision Chilton vs. CBD at: http://www.apltwo.ct.state.az.us/Decisions/cv20050115opn.pdf).
The next step for Brent is to line his path to Washington with the bread crumbs of supporting constituency groups. Enter the Sierra Club,
the Audubon Society, the various Native Plant Societies, the Center for Biological Diversity (CBD) and an array of single
purpose Environmental Advocacy Groups. All with undeserved and overstated political clout. All marching to a common theme:
“Man and his companions are bad. They are destroying nature. Mother Earth would be much better off if people were eradicated.” The
savvy Plater has long seen these groups to be the very deep-pocketed, highly ideologic, pervasive media darlings that he would
need to seed his assent to our nation’s capitol. Picking his battles carefully (e.g., keeping dogs out of all San Francisco
parks and beaches) and doing most of the heavy lifting, Plater has become the ideal general for these groups’ eco-war on the
Bay Area populace. A war not founded on science and fact but rather on emotion
and political correctness. Plater even created and anonymously authored an extensive web site (i.e., http://sfdogblog.blogspot.com) where he slanders and defames true dog advocacy groups and individuals while cowardly masquerading as a dog advocate. As
is the usual case with Plater controlled web content, opposing comments and opinion are not allowed.
Consider the case of the Western Snowy Plover (WSP). Plater and his legion
have joined forces with the GGNRA in their efforts to close down San Francisco’s Ocean Beach in order
to protect the plover. The problem for them is that Ocean Beach is not critical habitat for the WSP, and therefore, according to U. S. Fish and Wildlife, inconsequential to the recovery of the species. What’s even more absurd
is the continued insistence by the likes of Plater, the CBD and the DOI that the Plover even be included on the Endangered
Species List, albeit in a threatened status. Not only is the plover prolific all over the U.S.,
Mexico and Canada, but
it has an established colony of tens of thousands at the Salt Lakes
of Utah. Extreme environmentalists, including the aforementioned
organizations Plater is placating, contend that although the plovers at the Salt
Lakes are genetically identical to the WSPs found on the West Coast,
they must be a different subspecies since they have chosen to roost elsewhere. They contend that behavior, not genetics, is
the determining factor in subspecies designation. This logic would be analogous to Plater contending that his sister must
be of a different species than him since she has chosen to live in New York rather than San Francisco. This is not a foundation based upon fact or science but
rather one built upon political correctness and radical ideologies.
Those who choose to jump into bed with Plater must be made cognizant of his
treachery. Consider the GGNRA. One minute, under the umbrella of the Center for Biological Diversity, Plater is suing the
GGNRA for its lack of protections for threatened and/or endangered species. What a vile organization this GGNRA must be as
it contributes to the extinction of these wonderful national treasures. But what have we now? Why Plater and the GGNRA have
become the best of friends. Recently one would find GGNRA hater Plater filing Amicus Briefs in Federal Court in support of
the GGNRA’s unlawful attempts to disavow their 1979 Pet Policy - as they collectively spit in the face of the enabling legislation
that established the GGNRA (note: the GGNRA was established by Congress in 1972 with a recreation first mandate). But he hasn’t
stopped there. Now Plater has donned his pom-poms and bullhorn to extol the virtues of this wonderful organization which is
having an environmentally very “Big Year”. Whether it be in the venues of the GGNRA Negotiated Rulemaking Committee meetings,
the press (of which Plater gets way too much of) or on his multitude of web sites, Plater is now the GGNRA’s biggest fan.
They can’t get enough of each other.
Why is this man so dangerous? Why is
he worthy of my spending my valuable time writing this perspective? Because this
is a case study where ideologies, personal ambition and avarice trump science and fact.
Unchecked, we as a society risk payment of the ultimate price: the forfeiture of our civil liberties. Oh, but forgive
me. I almost forgot... We live in a nation whose government is of the Plater’s, by the Plater’s and for the Plater’s. I rest
my case.
Thursday, August 18, 2005
Judge Alsup Speaks...
CDB's petition cites an "emergency" in the GGNRA to justify the ban of off-leash recreation completely from the GGNRA.
Judge Alsup's decision, however, states: "And, the government concedes that there was no 'emergency' within the meaning
of Section 1.5(b)" of 36 Code of Federal Regulations. (Order of Affirmance, page 6, lines 17-18.) No emergency,
no legal basis for a ban.
Courtesy of member attorney Steve Sayad
An Open Letter to Guide Dogs for the Blind
Dear Ms. Barak,
I am stunned that Guide Dogs for the Blind is supporting
the petition for an emergency ban on off-leash recreation in all GGNRA parks. I have a former Guide Dogs breeder, Stephanie.
The highlight of every day of Miss Stephanie's life was to run off-leash at Fort Funston. Her off-leash recreation kept
her healthy and socialized. Because she was healthy, she produced large, healthy litters.
Have you ever
been to any of the GGNRA parks? Have you seen the joy shared by the dogs and their owners? Have you seen how responsible
these dog owners are? Are you aware of the care these individuals take of these parks? Have you seen the bond
that has developed among dog owners who have walked their dogs in these parks for decades? Do you have any idea how
special these parks are to the hundreds of dog owners who use them every day of every year?
I have financially
supported Guide Dogs for the past four years. I can assure you that Guide Dogs will not receive another dime of my money,
due to this irresponsible position you have taken. I don't know what your motivation is, but it certainly doesn't seem
to be the welfare of the dogs who benefit from off-leash recreation in the GGNRA parks.
Thank you for your careful
consideration of the above.
Lydia Boesch
Editor's note: Lydia Bosch is one of the attorneys that assisted in the early (2000) fight to maintain our off-leash
rights according to the 1979 Pet Policy. She now lives in North Carolina and watches the National Park Service and
Judge Alsup's actions from there.
An Open Letter to Bob Egelko ( SF Chronicle)
Dear Bob
For several years I was an attorney representing the SF SPCA in this controversy
with the National Park Service over off-leash recreation in the GGNRA. You can obtain background regarding the controversy
by perusing Chronicle articles, particularly ones written by Peter Fimrite. More detailed information on the historical
facts can be found in my 40 page Comment for the Advanced Notice of Propsed Rulemaking located at Ocean Beach Dog web site.
The web site also contains scientific articles and NPR reports regarding the
interaction of off leash dogs and the snowy plover at Ocean Beach. The Daphne Hatch NPR report on the snowy plover summarizing
over one survey at Ocean Beach shows that numbers of plovers at Ocean Beach increased while off leash recreation was permitted
throughout the entire beach. Furthermore direct interaction between off leash dogs and plovers was de minibus, over
5000 dogs were observed and only 19 were detected chasing plovers. Over 99% of the dogs had no impact on the birds.
Nevertheless, much of Ocean Beach was closed to off leash recreation in 1997. Since that time the number of birds roosting
on the beach plummeted, at least during the years I have data (See Comment for detail). It's unclear at this time what
impact the Judge's ruling will have on this section of Ocean Beach closed un the rationale of protecting the plovers.
But if the leash regulation is lifted, the reintroduction of off leash dogs in this roosting area (the birds nest on the Bay
not at Ocean Beach) will have no impact the polver colony. in fact, Ranger hatch admitted this during meetings over the initial
closure.
As for Crissy Field, you can find detailed citations to historical documents
confirming that the National Park Service agreed to provide over 60 acres of off leash recreation in the so-called habitat
restoration area. They agreed to do so because their fund raising efforts to finance the restoration was not
successful until there was a clarification over continued off-leash use of portions of this area. The entire restoration project was funded by private contributions. Donations were made contingent
upon the promise that 60 acres would be available to the public for this recreation. Plater and the other parties
to the petition would now undue that promise and appropriate the entire area for their own purpose.
Sincerely yours
Ken Ayers
Wednesday, August 17, 2005
An Open Letter to Guide Dogs for the Blind
Ms. Barak:
I trust you and your organization has a full and complete understanding of the backdrop for what
I understand is a request by various groups (most of whom happened to appear as amici on the appeal in United
States v. Barley, et al.) for an emergency regulation to impose 36 CFR 2.15(a)(2) in the areas currently subject to the
GGNRA's 1979 Pet Policy, a voice-control policy that encompasses less than one percent of the GGNRA lands.
The issues currently being raised by these organizations were raised on appeal and implicitly
rejected by the Court. The purported evidence upon which Mr. Plater relies was objected to by the defendants but not
stricken by the Court. The Court asked the prosecution (which Mr. Plater's clients were aligned with) whether they were
claiming an emergency existed in order to obviate compliance with 36 CRF 1.5 and the U.S. Attorney (counsel for the Department
of Interior and NPS) said "no." Mr. Plater could have interjected a contrary position but did not.
Now, these organizations are attempting to achieve through the real party in interest in the
litigation (the NPS) to have it issue an emergency regulation when its own attorneys made clear to the Court that no emergency
exists.
While these organizations may not yet be in contempt of Court, their actions are contemptuous
and their alleged evidence supports no change in policy absent full public notice, full public hearing, and action that is
not arbitrary in light of the public comment. The process set forth in 36 CFR 1.5 is a very democratic one, but the
organizations that Mr, Plater represents have no interest in acting fairly; they will do whatever it takes to push their position
on everyone.
It is sad if you and your organization fall for such a prank; rest assured that if you do, you
too will be exposed for any such fraudulent conduct.
Sincerely,
Stephen Sayad
CBD Recruits Guide Dogs for the Blind
CBD At It Again!
Yes, the Center for Biological Diversity, and their mouthpiece,
attorney Brent Plater, are at it again Along with the usual cast of characters, (i.e., Golden Gate Audobon Society,
Coleman Advocates, the Sierra Club, EQUP, Yerba Buena Chapter of the Calif. Native Plant Society, etc.) the CBD has issued
a press release announcing their submission of a petition calling for an emergency ban of off-leash recreation throughout
the GGNRA.
One comes to expect such "end run" tactics from
these groups since that has been their practice throughout the years. Their complete and uttter contempt of court (i.e.,
Judge Alsup's appellate decision reinstating the 1979 GGNRA Pet Policy), as well as their making a total mockery of the
prescribed Negotiated Rulemaking Process (their press release cites that NR is for the express purpose "to implement
leash laws"), tells one all they need to know about the petitioners.
However, the recruitment of Guide Dogs for the Blind (GDB)
to assist in their bidding is disturbing. GDB is an organization that has historically enjoyed great support
from the dog community. It would appear that GDB has no problem asking that dogs make great sacrifices for us and our handicapped,
yet they can't seem to find it in their hearts to provide these heroes a place to play fetch or to swim.
Please take the earliest opportunity to let Guide Dogs for
the Blind know how you feel about their participation in this matter. Let them know about the financial ramifications
of their decision. GDB contact information follows:
Tamara Barak
Communications Specialist
Guide Dogs for the Blind
415 499-4000
Thursday, April 28, 2005
Motion to Strike Plater Amici Curiae Brief
7:25 pm pdt
An Open Letter to the Audobon Society
April 28, 2005
Elizabeth Murdock
Executive Director
Golden Gate Audubon Society
2530 San Pablo Ave,
Suite G
Berkeley, CA 94702-2047
Dear Ms. Murdock,
I was distressed to see that Golden Gate Audubon has tried to intervene in
United States v Barley, et.al. with Brent Plater representing us.
The arguments in Plater’s amicus brief and his public statements are so far separated from the real world that GGAS
association with him and his brief reflects badly on our good judgment and commitment to truth.
1. Mr. Plater testified at the
SF Police Commission meeting on April 20, 2005 that, dog owners
“have filed a lawsuit against the park … that would …destroy the park itself. They
have alleged the land transfer that granted the park to the national government is invalid.
That would eliminate federal jurisdiction altogether. They’re trying to
destroy the entire park system…”
In fact the dog owners have filed no
lawsuit at all. They are defendants, defending themselves against citations
they consider to be legally invalid. The defense, if successful, will not “eliminate
federal jurisdiction altogether,” nor “destroy the entire park system.” Mr. Plater
is an experienced lawyer. He knows full well his statements are false. GGAS’s representative reflects badly on the truthfulness of GGAS.
2. The amicus brief filed on behalf
of Audubon (and others) argues to eliminate off-leash recreation in the GGNRA in order to protect
the dogs from injury and death. (“Argument I
Running dogs off leash at the GGNRA puts the welfare of dogs at great risk. “…literally
hundreds of off-leash dogs have been lost, injured, or killed while roaming the park off-leash.”)
Surely you don’t believe protecting
the health of dogs has anything to do with GGAS’s intervention in United States v Barley, et.al. Nor would any other reasonable person. This
argument makes GGAS look silly and cynical, discrediting any other statements GGAS might make.
By the way, walking off-leash at the beach is a very safe activity for dogs. It will be fun, if Plater’s intervention is accepted by the court, to watch him try
to convince the judge of the bizarre facts alleged in his declaration. But more
discredit for GGAS.
3. Plater engages in a McCarthy-like
ad hominem public smear of the defendants in United States v Barley, et.al. which
should embarrass GGAS members. In his posting to the SF Animal Law yahoo group
Plater repeats the bogus claim that his brief is to protect the dogs. (Indeed,
he mentions no other reason for the brief in his posting.) Then, he describes the people he is going after as “individuals associated
with a group called Ocean Beach D.O.G. (sic) … Ocean Beach D.O.G. (sic) espouses the extremist theories of the Pacific Legal
Foundation, to whom sections of Ocean Beach D.O.G.'s website is (sic) dedicated. … (Ocean
Beach DOG) is helping advance PLF's agenda.”
Does GGAS know what is meant by the phrase “guilt
by association?” Ocean Beach DOG does not espouse the views of the Pacific
Legal Foundation, has not dedicated their website to PLF, and makes no attempt to advance PLF’s agenda. Ocean Beach DOG mentions PLF in the context of PLF’s suit asking a federal court to force the U.S. Fish
and Wildlife Service to act on delisting petitions. Specifically OBDOG discusses
a scientific study, Population Differentiation among Snowy Plovers (Charadrius alexandrinus)
in North America, by Leah R. Gorman, which must stand or fall on its own merits. PLF referenced that study in the delisting petitions, but neither wrote nor commissioned
it. Plater’s tactic of argument, smear by “guilt by association,” should be abhorrent
to GGAS members.
I still hope that GGAS will someday start to choose its battles, its representatives,
and its arguments more judiciously.
Best regards,
K.M.
San Francisco, CA
Wednesday, April 27, 2005
Breathtaking...
The failure of logic in Mr. Plater’s Amici Curiae Brief is breathtaking. He advocates a ban of off-leash dog walking in the GGNRA for the safety of the dogs. Since this brief is in part on behalf
of the Coleman Advocates for Children and Youth, I find his conclusion curiously hypocritical.
I would bring to your attention the following statistics from the National SAFE KIDS Campaign and the American
Academy of Pediatrics (AAP):
- More than 3.5
million children ages 14 and under get hurt annually playing sports or participating in recreational activities.
- Sports and recreational
activities contribute to approximately 21 percent of all traumatic brain injuries among American children.
- More than 775,000
children, ages 14 and under, are treated in hospital emergency rooms for sports-related injuries each year.
Children’s participation in sports and recreational activities
has not been abolished for their safety.
In fact, we are still constructing and maintaining children’s playgrounds and skateboard parks, as well as encouraging
children to participate in organized sports. We, as a society, recognize that
the value of exercise and the social and life skills developed by participation in sports activities is beneficial to children. The benefits outweigh the risks.
The same can be said for off-leash dog walking. A local vet when questioned about off-leash exercise said the following, “It’s very important for dogs
to get out and get exercise. The one thing that I know for certain is that dogs
do live longer and are healthier and happier if they are socialized, if they get out and get activity and they get exercise. It’s good for the dogs and it’s also good for the community. Dogs that are socialized with people and other dogs are not really a risk to the community. The dogs that attack other dogs and people are usually the dogs that have been confined in their home,
in a backyard, and they have had no contact. It’s important for the dog’s health
and happiness, but also for the community as well that they get out”.
The SFSPCA has been consistent in their advocacy for off-leash
dog walking, citing it as “a vital component of responsible pet ownership. San Francisco’s Ocean Beach
is among the few remaining places in our densely populated urban environment where dogs can socialize freely and run off the
energy they’ve built up from having been confined in houses and apartments. Tens
of thousands of dog owners throughout the San Francisco Bay Area depend on Ocean
Beach to provide for the health and well-being of their pets. In return, dogs enrich—even protect—our lives”.
Ken White, director of the Peninsula Humane Society, stated: “
PHS believes that there ought to be off-leash areas. I don’t think there is a
humane society that would disagree…It is a fraction, a fraction of our animal control complaints and concerns that come from
the off-leash areas… Problems most typically come when people DON’T have an off-leash area to go to and find themselves trying
to create one on their own.” However, he goes on to state: “ I absolutely
believe having been in this issue around the country, that you will not come up with a solution that pleases everybody.”
The fact is that off-leash dog-walking does not please the groups
for which Mr. Plater advocates. And that is the long and short of it. However, considering that the transfer of property from San Francisco
to the GGNRA was predicated upon continuation by the GGNRA of the historical recreational usage, legally, I believe this is
a situation Mr. Plater is just going to have to live with.
S.M.V.
Tuesday, April 26, 2005
An Open Letter to the San Francisco Police Commission
STEPHEN S.
SAYAD
Attorney at Law
P.O. Box 330100
SAN FRANCISCO, CALIFORNIA 94133
TELEPHONE (415) 331-5856
April 26, 2005
San Francisco Police Commission
Hall of Justice
850 Bryant Street,
Room 505
San Francisco, CA 94103
Re:
Formal Complaint Re: Comments Made By Brent Plater
At Commission Meeting on April 20, 2005
Dear Commissioners:
I am writing to formally protest material misrepresentations
made to the San Francisco Police Commission by Brent Plater at the Commission’s last meeting on April 20, 2005. While I was not present at the meeting, I have a first hand (verbatim) record of the statements made by
Mr. Plater.
As part of the remarks made by Mr. Plater regarding a purported
problem he is having walking his dog in City parks due to alleged harassment by off-leash dogs, Mr. Plater stated to the Commission:
“I wanna talk to you a little bit today about what it
means – the social fabric of San Francisco. I’m not sure if you’re aware of this but right now three individuals who received citations for runnin’
their dogs off-leash illegally at the Golden Gate National Recreation Area have
filed a lawsuit against the park over these $50 tickets that would, if they’re successful, would destroy the park itself. They have alleged
the land transfer that granted the park to the National Government is invalid. That would eliminate federal jurisdiction altogether. They’re just trying to destroy the entire Park system unless they’re able to just
do this one type of recreation activity. And that to me doesn’t represent a social
fabric of San Francisco.
In fact, it’s very degenerative.” (Emphasis added)
Mr. Plater’s statements are false in numerous respects
and create a substantial issue as to his credibility and the credibility of the organization he is counsel for, the “Center
for Biological Diversity” and other organizations he represents and whose views he espouses.
The litigation to which Mr. Plater is referring is currently
pending on appeal before the Honorable William Alsup in the United States District Court for the Northern District of California. The case (No. 04-CR-0408) is entitled, United States of America v. Gretchen Barley, Donald Kieselhorst, and Stephen S. Sayad. As
Mr. Plater well knows (as demonstrated infra), I, along with Ms. Barley and Mr.
Kieselhorst, are defendants in a criminal action brought against us by the federal
government over citations we received (under 36 C.F.R. § 2.15(a)(2)) for walking our dogs off-leash on the tidelands at Crissy
Field. None of us (or anyone else of whom I am aware) “filed a lawsuit” against
the GGNRA seeking to expand the existing right to off-leash dog walking in a very limited portion of the GGNRA. To the contrary, we chose to defend against the citations, on two primary grounds: (1) that the tidelands at Crissy Field are owned by the State of California (as an incident of its absolute
sovereignty) in public trust for the citizens of the State for, inter alia, general
recreational activities (and therefore not subject to federal regulation); and (2) that the GGNRA never rescinded its official “1979 Pet Policy” which specifically allows for off-leash dog walking
in specified areas (including portions of Crissy Field) comprising only one percent (1%) of lands within the GGNRA.
On December 2, 2004, Magistrate Judge Elizabeth LaPorte
issued an order granting defendants’ motion to dismiss the citations on the grounds that the GGNRA’s 1979 Pet Policy was still
in full force and effect. The United
States chose to appeal Judge LaPorte’s decision. Defendants
filed a protective cross appeal, and the matter is currently in the briefing stage with a hearing on the appeal scheduled
for May 31, 2005 before Judge Alsup.
Accordingly,
Mr. Plater’s statement that “three individuals filed a lawsuit against the park” is patently false, and was known to be false
at the time it was made to the Commission. Indeed, on April 6, 2005 (after the
opening appellate briefs of the United States and defendants had been filed), Mr. Plater left me a voicemail message stating
that “certain organizations” he represents wished to file an amicus brief on the
appeal. I returned Mr. Plater’s phone call and requested that he specify what
issues involved in the action his clients wished to address. At 7:43 p.m. on
April 6, 2005, Mr. Plater sent me an e-mail stating:
The Center for Biological Diversity and several other
non-profit organizations intend to file an amicus brief in the above-referenced matter [“United States v. Barley, et al., Case No.CR-04-00408-WHA”] tomorrow, April 7, 2005. The purpose of the brief will be to inform the Court that off-leash dog walking at
the GGNRA is harming dogs, harming wildlife, and inconsistent with the purpose of the GGNRA as established by Congress over
30 years ago. I am writing to determine if you will, or if you will not, consent
to the filing of this amicus brief.
Thus, at least as early as April 6, 2005 (and likely much
earlier), Mr. Plater was well aware of the fact that neither I nor the other defendants
had filed suit against the federal government, that we were simply defending ourselves against citations we believed were
improperly issued, and that Judge LaPorte had in fact found that the GGNRA’s long-standing 1979 Pet Policy remained in effect,
had not been rescinded in accordance with applicable law, and forbade the federal government from issuing citations for off-leash
dog walking in the areas encompassed by the 1979 Pet Policy.
The question therefore arises as to Mr. Plater’s motives
for misrepresenting these facts to the Commission. I believe his motives are clearly aimed at the creation of a false record that
off-leash dog walking is out of control, in the hopes of putting pressure on the Commission that action is necessary to curb
off-leash dog walking. While I have my own feelings (irrelevant here) as to what
Mr. Plater and the Center for Biological Diversity hope to diversify, I recognize their right to free speech in addressing
the Commission. What I strongly object to, and what should not be allowed, is
what I find tantamount to the filing of a false police report when Mr. Plater so blatantly misrepresents facts to the Commission
in order to further the interests of the organizations he represents and whose views he shares.
I submit that Mr. Plater should be censured for his misrepresentations
to the Commission. There is no room for his attempts to create a false and misleading
record in order to promote his agenda and the agenda of his clients. Unless the
Commission takes action against Mr. Plater, it will be opening the door (if it has not already occurred) for others to attempt
to manipulate the truth in the hopes of exerting pressure and extracting action on the part of this and other City commissions
and agencies.
Respectfully submitted,
Stephen Samuel Sayad
Monday, April 25, 2005
Center for Biological Diversity Making False Statements?
Judge Richard Fields entered formal judgment on March 2, 2005 against the Center for Biological Diversity, an environmental
activist corporation, and found that they must pay $600,000 in actual and punitive damages to Arizona rancher Jim Chilton
and the Chilton Ranch and Cattle Company.
The formal judgment confirmed a Tucson jury’s verdict, delivered on January 21, 2005, finding the Center for Biological
Diversity guilty of making “false, unfair, libelous and defamatory statements” against Jim Chilton, a fifth generation Arizona
rancher whose pioneering ancestors drove cattle into Arizona in the 1880’s. The jury awarded Chilton $100,000 in actual damages
and $500,000 in punitive damages because the Center for Biological Diversity defamed him and his family business in a two-page
press release which included links to 21 photographs posted on the Center’s website, from July 2002 until July 2003.
In his ruling, Judge Fields entered a formal judgment declaring that the Center and its employees “made false statements”
in their press release. The judge also found that the press release “contained misleading photographs” and “did not accurately
describe the condition” of Chilton’s 21,500 acre Forest Service grazing allotment, located northwest of Nogales, Arizona.
The Center for Biological Diversity, a high profile environmental activist corporation, has written many petitions leading
to the listing of species as endangered. Scientists have questioned whether some of these species are actually endangered.
At trial, the Center claimed to have filed over 170 lawsuits against federal agencies. According to Chilton, these lawsuits
have stopped school construction, terminated thousands of lumber production jobs, put Arizona and New Mexico communities into
economic distress, and driven many western ranchers to the verge of bankruptcy.
Kraig Marton, an attorney from the Phoenix-based law firm of Jaburg and Wilk, who represented Chilton when he fought back,
stated, “This case shows how pictures can lie,” said Marton. “We are very pleased with the ruling,” he added and noted, “It
is about time that the tables were turned on this group.”
Chilton said the suit was filed to challenge the way the Center for Biological Diversity consistently does business. “They
don’t use science, they just wear people down and drive them out of business,” said Chilton. “They routinely use endangered
species to raise money and fund their attacks on the cowboy and western culture.” Chilton has also stated that after his expenses
for this lawsuit are covered, he plans to donate the remaining money to the Arizona Cattle Growers Association to help spread
the word that modern ranching conserves habitat for wildlife, increase biodiversity, and reduces threats of wildfire.
At trial, the jury was shown the photographs disseminated by the Center that focused on tiny barren areas and implied that
the range had been devastated by cattle. Chilton’s lawyer put up photographs taken from the same sites looking north, south,
east, and west that revealed a vibrant and thriving environment. Experts testified that the allotment had been well managed
by the Chiltons and, in fact, had been written up by leading range scientists as a “Success Story”, the professional journal,
Rangelands.
The jury agreed with Chilton’s claims, finding that the Center knowingly disseminated false and malicious statements in
a news advisory, and that misleading photographs were used to harm the Chiltons after the Center’s unsuccessful attempt to
block the renewal of Chilton’s grazing permit.
Chilton, who felt elated and vindicated, said the jury had done an admirable job of understanding days of scientific testimony.
“This case will help the public become aware that ranchers support real recovery of endangered species because quality habitat
makes quality ranches.”
Chilton emphasized that this case demonstrates the need to strengthen the Endangered Species Act to close loopholes that
have allowed groups like the Center for Biological Diversity to make money by suing the federal government. It was revealed
at trial that the Center collected over $990,000 in 2003 from lawsuits it filed, mostly against the government. Chilton decried
the Center’s list-and-sue policy as preventing the agencies and landowners from actually working to recover species.
According to Chilton, “Now is the time to get recovery results from the Endangered Species Act by requiring peer-reviewed
science for listings, providing incentives for landowners, recreationalists and rural businesses to preserve open space and
improve habitat for species.” Chilton concluded that “we must actually recover species, not just play the game of listing
them to put money in activist coffers and put Americans out of work.”
by Toni Thayer
Sierra Times www.sierratimes.com
http://www.sierratimes.com/05/03/06/enviro_libel.htm
S.R.G.
Consider the Source: The Center for Biological Perversity
From the Sacramento Bee - Environment, Inc.
No environmental group in America files more endangered species cases at a more frenetic pace than the Southwest Center,
which has since dropped the "Southwest" from its name to reflect its expansion into California and Oregon. Public records
show that from 1994 to 1999 alone, the Center for Biological Diversity and its lawyers filed 58 lawsuits, an average of one
every 32 days.
Occasionally environmental lawsuits cause other damage -- to the very groups that file them.
One such case unraveled in Arizona recently when the Southwest Center sued the U.S. Forest Service, alleging that it failed
to "consult" with the Fish and Wildlife Service about cattle grazing's effect on endangered species -- a violation of federal
law.
The suit targeted large swaths of federal land leased to ranchers, including a lease held by Joe and Valer Austin, owners
of the picturesque El Coronado Ranch in the Chiricahau mountains.
The Austins are no ordinary husband-and-wife ranch team.
Since buying El Coronado in 1984, they have invested more than $1 million to return it to ecological health. They have
constructed 20,000 erosion control structures, cut back herds dramatically and reduced the seasons they graze, and worked
to restore threatened and endangered species. They have welcomed university and government scientists to the ranch to observe
their efforts.
Their work has earned them numerous awards, including the Joseph Wood Krutch Award from The Nature Conservancy in 1996
and, two years later, the W.R. Chapline Land Stewardship Award from the Society for Range Management.
That didn't satisfy the Southwest Center, which alleged in its 1998 Forest Service suit that the Austins' ranching practices
were harming endangered species.
"It was a real slap in the face," Joe Austin said.
Valer Austin added: "They just put us in the same bucket with everybody else. They didn't even come out here to see what
we were doing."
The Austins didn't stand idly by. They jumped into the lawsuit with the federal government -- and emerged victorious. Senior
U.S. District Judge Alfredo Marquez in Tucson ruled that the suit had been brought in bad faith and ordered the center to
pay the Austins' $56,909 legal bill.
Still, Joe Austin feels conservation has suffered a defeat.
"Everything we were trying to do to convince other ranchers and landowners that endangered species are not a liability
has been lost," he said. "The Southwest Center proved me wrong. The Southwest Center proved to everybody that having an endangered
species | | | |
The following is a comment by environmentalist Bill M. on an article in SF Weekly published Feb. 4, 2008 titled "Watching Endangered Species for Fun and Profit". The comment calls into question the true motives behind Plater's "Big Year" contest:
I think Mr. Plater's comments hint at how he is a lawyer & wanna-be-leader, rather than an ecologist or biologist. Going in the parks & looking at nature does NOT need registration and a contest. I think the BIG YEAR is a big year for Mr. Plater, not for plants and animals.
A few things in the interview made me wonder about how honest Mr. Plater is.
He acts like HE made a BIG DISCOVERY about the # of endangered/threatened species in any of the national parks. That information is readily available from the national parks website. I'm surprised a smart lawyer like Mr. Plater had to do a formal request for info to discover this.
Or in "lawyer-speak" Mr. Plater cleverly uses the term "continental" when saying the GGNRA has MORE endangered species than other parks. Why? Because island national parks in the southern calif islands or hawaii have MORE species than the GGNRA. (Again, that information is available from the national parks website.) Our efforts to save species should be concentrated there. Hey, think priorities.
This whole promotion reminds me of the man who spent his time looking for keys under the lamppost, even though he lost his keys a block away. Why? Because that's there the light is. In the same vein, Mr. Plater is having a BIG YEAR in the GGNRA because the bay area is where he is, rather than concentrating on rainforest, coral reefs, world-wide deforestation, global warming, overpopulation, etc.
Last, I went to his website and it seems to me that the contest is largely a gimmick to get the public to go out to the parks and pick weeds for the GGNRA. So many of the animals are things you're never going to see (e.g. fish that swim underneath the golden gate, rare otters & sea lions, raven's manzanita, etc.). His action requirements lure you to the park the "see" (not!) a species, and once there, you're invited to do free labor. Action items that would really make a difference would be don't drive all over the bay area looking for plants and animals, don't make babies, don't buy stuff, etc.