Edward H. Lehner, a New York lawyer, legislator, and judge credited with spearheading New York State’s first “pooper-scooper” law in the late 1970s, died on September 9 in Brooklyn. He was 93 and had been battling head and neck cancer, according to his family.
Before Lehner’s efforts, New York City’s streets, sidewalks, and parks were often littered with dog waste, creating a widespread public nuisance. As a state assemblyman representing parts of Washington Heights and Inwood in Manhattan, Lehner championed Public Health Law 1310, a statute requiring dog owners in cities with populations over 400,000 to clean up after their pets or face fines up to $100.
The legislation, introduced in 1977 by Lehner in the Assembly and by State Senator Franz S. Leichter in the Senate, was met with resistance from some pet owners who argued that the law would be burdensome and humiliating. Critics warned that such a mandate might lead to increased abandonment of dogs in the city. Despite this opposition, the bill successfully passed into law in 1978, setting a precedent that many other cities and states later followed.
Lehner sought to gain public support by demonstrating the relative ease of the cleanup process, bringing a device called the “Dogmatic”—a three-foot pole with a disposable plastic bag at the end—into legislative sessions and onto city streets. While his demonstration near Fort Tryon Park encountered some difficulties when scooping actual dog waste, the effort was instrumental in raising awareness about the issue.
The law’s enactment marked a turning point in urban sanitation and public health efforts in New York City. City officials and advocates credit the legislation with helping improve cleanliness in parks and public spaces, contributing to broader urban renewal efforts during the late 20th century. Henry J. Stern, New York City’s parks commissioner during the 1980s and 1990s, later described the law as “one of the best things that ever happened to New York City parks.”
Born in Far Rockaway, Queens, on March 6, 1933, Edward Lehner grew up in Washington Heights. He graduated from the Bronx High School of Science and earned a business degree from City College of New York in 1954, followed by a law degree from New York University School of Law in 1957. After working in private practice, he was elected to the State Assembly in 1970, where he also focused on tenant rights and consumer protections.
Lehner left the legislature in 1980 to serve as a judge, first in New York City Civil Court and later on the State Supreme Court. Among his notable rulings was a 1999 decision rejecting real estate developer Donald J. Trump’s attempt to gain control of the Empire State Building. He also presided over a case involving claims of a haunted house, which was ultimately overturned on appeal.
Lehner is survived by his wife, Lois Naftulin, daughters Ivy and Brynne Lehner, and two grandsons.
