On a typical sunny day, the patio outside Peaberry Coffee in Cherry Creek North teems with activity, mostly dog owners – and their dogs.
But not now.
Three weeks ago, the coffee shop was cited four days in a row by city health officials for having dogs on the patio and posted a sign telling customers they need to leave their furry friends at home.
Now, the patio is quiet while the dog lovers raise a ruckus.
“That is just ludicrous to me,” Katelyn Kent said of the repeated citations. “It’s a little sophomoric.”
Other Peaberry regulars have started calling their local councilwoman, Jeanne Robb, hoping to change the Denver Retail Food Establishment Regulation that bans any animals, besides service animals, from inside and outside dining areas.
Though much of the response to enforcement of the ordinance has been from people in the Cherry Creek North area, regular enforcement is continuing around the city, said Ellen Dumm, spokeswoman for the Denver Department of Environmental Health.
Since January, about 19 establishments have been cited for having pets on their property, said Karol Holcomb, a director in Denver’s public-health inspection department.
Holcomb said that is fairly typical, with enforcement ramping up in the summer as patrons who prefer a dog-free patio complain about the four-legged visitors.
Now that Peaberry’s and other restaurants have begun posting signs, Robb said, she and other city officials have received calls and letters, including one signed by Kent and 30 Peaberry patrons.
Denver lawyer Bill O’Rourke penned the letter for the group. The letter asks the city to create a better definition for what an “exterior dining area” is.
Health inspectors have not fined Peaberry or any other establishments in the city that have been cited for having animals on their property.
Holcomb said usually the citation is enough and that she does not recall any business getting fined.
“(During my tenure) to my knowledge, we’ve never issued a civil penalty or a summons,” Holcomb said, adding that inspectors want businesses to make corrections on their own.
Ordinance or not, Debbie Main is still going to take her 11-year-old golden retriever Bailey with her to sit on the patio when she gets coffee in the evening at the Starbucks on the corner of Second Avenue and Fillmore Street.
“I think it will just pass after the uproar,” the Washington Park resident said.
Robb said she will continue to work with the community and those in the city to create a dialogue about the issue and keep the interests of all parties in mind.
“We do the best we can to protect safety and health and be a dog-friendly place,” she said.
Staff writer Sara Crocker can be reached at 303-954-1661 or scrocker@denverpost.com.
