Barley

ORDER OF AFFIRMANCE

For the reasons stated by Magistrate Judge Elizabeth D. Laporte, the dismissals are Affirmed. All further issues raised on appeal are, in this Court’s view, adequately answered as follows.

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. Off-leash dog use had been a long tradition at various fields and beaches within what became the Golden Gate National Recreation Area in 1974. When the GGNRA was formed, an issue arose over the extent to which this tradition should continue. So far as this record reveals, neither the National Park Service nor anyone else then suggested that park service regulations might prohibit off-leash dog use in the GGNRA. Rather, the issue was cast as one of balancing pet owners’ recreation against public safety and resource protection. And, it was cast solely as a local issue for the GGNRA superintendent to decide.

After considerable input via the Golden Gate National Recreation Area Advisory Commission, a statutory creature, 86 Stat. 1302 , the GGNRA superintendent adopted a policy of allowing off-leash dog use at seven or more locations within the GGNRA, including at Crissy Field and its beach but closing other sites altogether to pets. In this regard, the Advisory…