11/15/99

Connecticut Woman Wins Appeal to Feed Geese

Waterford, Connecticut -- In the Summer of 1998, Mary Murphy of Waterford, CT contacted the Coalition because she was issued a "Cease and Desist Order" from the Waterford Health Department. It was alleged that her feeding of waterfowl from her waterfront backyard was a creating a risk to public health. Namely, that her actions were attracting geese, etc., and that goose poop in the water was responsible for a health risk.

The attack was prompted by several of her chronic complainer, goose-hating neighbors, who had taken to spying on her, and snapping pictures of her feeding the birds. They had enlisted one of the town council members, Tony Sheridan, to lead the charge against her.

As previously reported, the Coalition submitted a Connecticut Open Records Request for the water testing data upon which the health claims were made. After reviewing the data, it was clear that there was no link between the geese and the alleged contamination. The Waterford Health Department was contacted for an explanation. They said that other, more sophisticated, tests were being carried out. Months passed.

Winter 1998-9: It was announced at a sewer project meeting sponsored by Councilman Sheridan that further testing had shown that the water contamination was due to human waste from leaky septic systems, not geese. While the story of this finding made the local paper, the previously published accusation that Ms. Murphy's feeding was the cause was not retracted.

Ms. Murphy resumed feeding. Despite any legitimate health argument, neighbors sought other excuses to have her stop feeding the birds, and stepped up their campaign to harass her. They organized a vigilante-like group and called to report her feeding to the health department. Ms. Murphy was issued a warning that her feeding was violating the Order that was still in effect at that time. Talk of water pollution was replaced by talk of rats and insects. Her neighbors sat in a rowboat off her property to photograph any rats that happened by. All binoculars were pointed at her.

Spring-Summer 1999: Ms. Murphy decided to appeal the Order. Appeals against local health departments are handled at the State Department of Health. Ms. Murphy, having been misinformed about the appeal procedure, showed up only to find the proceedings are equivalent to a court case, only instead of a judge there is a hearing officer. Ms. Murphy didn't have a lawyer (she's a senior citizen on a limited income) and wasn't under the impression she needed one. She asked that the appeal proceedings be continued at a future date; this request was granted. Ms. Murphy promptly hired a lawyer.

Late Summer 1999: Ms. Murphy's lawyer requested that Dr. Gregg Feigelson of the Coalition travel to Hartford to appear as an "expert witness." at the mid-August hearing. Many other witnesses were called, and the case was carried over for one more day in early September. Closing arguments were made in writing in mid-October .

Hearing Officer Elisabeth Borrino, Connecticut Department of Health, ruled that the Notice of Violation be dropped:

"Based on the record in this case, the above findings of fact and conclusions of law, this Hearing Officer respectfully recommends to the Commissioner that this appeal be sustanied, and that Local Health's Notice of Violation dated April 16, 1999, be vacated."

While the Waterford Health Department can appeal this decision, we understand that they will not.

Footnote: Councilman Sheridan lost his re-election bid.