A man whose devout feeding of pigeons in his Queens backyard resulted in fines was told by a State Supreme Court judge on Thursday that he had failed to abide by all the proper legal avenues before filing a lawsuit against the city.The Queens man, Cecil Pitts, who has been feeding pigeons for 50 of his 66 years, was cited by the health department last year for causing a nuisance because his daily feedings caused excessive waste.
Lover of Backyard Pigeons Is Dealt a Setback in Court
After learning that he faced $500 in fines, Mr. Pitts, who lives on $450 a month from Social Security, decided that his only option was to sue the city. Unable to afford a lawyer, he represented himself, and claimed that the health inspector trespassed without a court document, gave no warning of the inspection and overstated the number of pigeons that were there (the inspector put the bird count at 150 that day). He wanted the city to pay him $1,000 in damages and to have the fines waived.
But Justice Charles J. Markey of State Supreme Court in Queens denied Mr. Pitts’s claim, saying that he had not filed an appeal with the Department of Health and Mental Hygiene before suing the city.
9 comments:
I feel bad for him, but I also think he was in fact creating a nuisance and health hazard. Pigeons are some of the filthiest beasts in the world and they create alot of mess.They can carry diseases such as Chiamdiosis and Psittacosis, which are viruses similar to influenza and pneumonia. He should have thought about that. Strange case.
Whenever I see someone having spread bread and crumbs on the ground for the pigeons, I spray the debris with a can of aerosol cockroach and ant killer.
I spray the debris with a can of aerosol cockroach and ant killer.
Yes! Because rotting pigeon corpses are always preferable to a little doo-doo.
"Whenever I see someone having spread bread and crumbs on the ground for the pigeons, I spray the debris with a can of aerosol cockroach and ant killer."
So this either means you...
A: Carry a can of Raid on your person at all times (totally sane.)
B: Have nothing better to do than to walk back to your home, pick up a can of poison, and attempt to murder innocent animals.
or just maybe...
C: Are full of shit.
Maspeth Mom says...
Jason, by jove I think youve got it!!!
I have a feeling this man is single. Maybe I can set him up with the Bird Man of Manhattan, the delivery man who makes annoying cooing noises.
The great German philosopher, Immanuel Kant, observes, "The motto of equity is, 'The strictest justice is the greatest injustice'; there is no remedy for this evil in actual legal proceedings, even though a claim of justice is involved." Justice Charles J. Markey proves this great lack in the courts of our city, in his decision to sustain the city's DHMH claims against Mr. Cecil Pitts. Judge Markey has acted in accordance with the law, and in the process proven himself deficient in the Will of a truly human being to do what is right. He has sustained the city's actions in the face of palpably illicit behavior by a DHMH inspector, palpable falsehoods given out by DHMH staff and those of other city agencies, palpable inequity imposed by Boss Bloomberg's clearly bigoted city administration.
Judge Markey should be recalled; having him -- and others of his ilk -- on the bench is a shameful thing. I understand his wife holds office? Recall her too, on the general principle of evil associations.
And, is Queens really so full of stupid people? Must all have gone to city schools and city colleges.
"And, is Queens really so full of stupid people? Must all have gone to city schools and city colleges."
Well, if your palpable snippet of Kant wasn't impressive enough, now you've put us all to palpable shame!
What ever happened to the guy who drove the truck into Herald Square, threw a tarp over the pigeons and sold them on Arthur Avenue for squabs cooked with onion compote and red wine?
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