Wasserman v. District of Columbia

Appellant was fined $100 each on two counts of having allowed his dog to be “on [a] public space” without a leash, in violation of 24 DCMR § 900.3. He argues that the regulation is invalid, because the Commissioners (the then-governing administrative body in the District of Columbia) adopted it before the relevant congressional enabling legislation took effect. He argues, in the alternative, that he was entitled to a jury trial on the charges. We affirm.

In 1961, Congress was asked to empower the Commissioners to require dogs to be leashed when in public in the District. 1 Recognizing that…