Michelle Cook, a professional dog walker, had just arrived at Pittsburgh’s Flynn Parklet in June 2024 when she decided to take the 12 dogs in her care into an enclosed court to let them run free.
However, when a city Public Works employee told Cook dogs weren’t allowed, the dispute quickly escalated: The employee called Cook a homophobic slur, punched the Sewickley woman in the face and opened the gate to allow the dogs to run amok in the street, according to findings by the city’s Human Relations Commission.
In March, the commission awarded Cook $10,000 in damages for discrimination. And last week, a federal judge said Cook could continue pursuing a civil rights lawsuit, which the City of Pittsburgh tried to get thrown out.
U.S. District Judge William S. Stickman IV wrote that Cook’s federal claim against the public works department alleges a violation of her constitutional rights, distinct from the city code issue that was handled by the commission.
A message left with a city spokesperson was not immediately returned.
Cook declined to comment.
The incident
According to Cook’s lawsuit, when she arrived at the Highland Park parklet on June 18, 2024, no posted signs on the court prohibited dogs.
There was, however, a sign asking owners to clean up after their pets, as well as a dispenser for dog waste bags.
Cook, 42, took the dogs, that were still wearing their collars and leashes, into the enclosed area and started playing ball with them.
A short time later, the lawsuit said, Tara Pinnix, a supervisor with Pittsburgh’s Public Works department, told Cook she could not have the dogs there.
When asked why, Pinnix answered, “‘Because I said so,’” the suit said.
Pinnix did not provided any additional explanation and, using an expletive, told Cook to get the dogs out, according to the complaint.
Cook then overheard Pinnix speaking to someone and calling Cook another expletive, before leaving, the suit said.
Five minutes later, Pinnix returned, the lawsuit said, walked onto the court and left the gate open.
She started speaking on the phone again, and called Cook a homophobic slur, the lawsuit said.
Then, it continued, Pinnix “enticed some of the dogs to leave,” and a number of them did, running onto the street.
When Cook ran to the gate to retrieve the dogs, the complaint said, Pinnix held it closed, trapping her inside.
Cook pushed against the gate, and when she had squeezed halfway out, the lawsuit said, Pinnix grabbed her shirt and broke Cook’s necklace.
Pinnix then punched Cook in the face, the lawsuit alleged.
After Cook got through, she ran to the street where a number of bystanders helped her gather the dogs.
According to the lawsuit, Pinnix injured a finger on her left hand during the altercation, which ultimately required surgery and was covered by the city’s workers’ compensation policy.
Both women were cited by Pittsburgh police for disorderly conduct, although they were both acquitted.
After the incident, the complaint said, the Office of Municipal Investigation found that Pinnix violated the city’s disciplinary manual on fighting and abusive or offensive language.
However, Pinnix was not disciplined, because of her claim of self-defense.
“When Ms. Pinnix’s supervisor, Joe Rush, was asked why he failed to discipline Ms. Pinnix, he testified that she was doing her job, and he didn’t think she should be disciplined at all,” the lawsuit said.
Filing the complaints
On Jan. 15, 2025, Cook filed a complaint with the Pittsburgh Human Relations Commission alleging discriminatory conduct.
Following a public hearing in December, the commission in March found that Cook had been discriminated against on the basis of sexual orientation.
She was awarded $10,000 in damages for embarrassment and humiliation, as well as attorney’s fees.
In addition, the commission ordered that additional training be provided to public works employees and managers in light of Cook’s allegations and that signage be updated to reflect that dogs are not permitted on playgrounds, ball fields or sports courts in CitiParks properties at any time.
No appeal was filed.
In November, Cook filed a federal civil rights lawsuit against Pinnix and Pittsburgh’s Public Works Department asserting claims for excessive force and false imprisonment and equal protection.
The city sought to dismiss the lawsuit, arguing that the commission proceeding provided “a full and fair opportunity to raise any constitutional claims she seeks to pursue.”
Stickman disagreed.
The commission, Stickman wrote, “cannot award the same remedies as this court, or a jury, could award for a violation of (federal civil rights.)”