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Legal system slow but it works..IE Beverly Shores

Discussion in 'Indiana Outdoor News' started by Terry N Lewis, Jan 21, 2007.

  1. Ind. Decisions - "Court tosses challenge to hunter harassment law"

    Reporting on yesterday's Court of Appeals 2-1 decision in Frederick S. & Roseanne Shuger v. State of Indiana (see ILB entry here, 4th case), Patrick Guinane of the NWI Times writes:
    INDIANAPOLIS | A Beverly Shores couple's challenge to a state law against harassing hunters came up short Wednesday, but the case could be headed to the Indiana Supreme Court.
    Frederick and Rosanne Shuger were sentenced to 15 days of community service in 2005 after a Porter County jury found them guilty of violating Indiana's Hunter Harassment Act.
    Hunters taking part in a town-authorized deer cull in 2001 complained to police that the Shugers drove down a Beverly Shores road honking their car horn and allowing their dog to bark out the window.
    The Shugers, who were known for protesting similar deer culls at Indiana Dunes State Park, each were convicted of two misdemeanor counts of violating the anti-harassment law. They appealed, arguing the law violates free speech protections and that prosecutors didn't do enough to prove guilt.
    The Indiana Court of Appeals upheld the hunter protection law as constitutional Wednesday, ruling it regulates only the place and manner of speech.
    The Shugers had compared the Hunter Harassment Act to a law against flag burning that was struck down by the federal courts. That comparison does not apply, the appeals court ruled, because the hunter harassment law does not restrict the content of speech.
    The court also rejected arguments that the law was overly vague as to what actions could be considered "intentionally interfer(ing) with the legal taking of a game animal."
    James Morsch, a Chicago attorney who took the case on a pro-bono basis, said he is fairly certain the Shugers will appeal to the Indiana Supreme Court.
    "Obviously we're very disappointed in the results," he said. "I'm very disappointed with the court's logic."
    Posted by Marcia Oddi on January 18, 2007 09:35 AM
    Posted to
    Ind. App.Ct. Decisions

  2. I had an anti hunter follow me thru yellowwood two years ago, calling me evry name in the book while i squrrel hunted !! didnt shoot any squrrels but did ware him out,anger management classes did pay off!!

  3. Thats to bad we need more laws to protect us hunters from the antis. But you can sure bet those antis love to eat beef, pork, chicken,fish and turkey. Where do the think that comes from. DUH :coco:
  4. This case was filed before I was assigned to the Porter County area, but the court officials and the prosecutors up there deserve a lot of credit. Retired ICO Roger Bateman made a great case, but I want to point out that without the help and cooperation of the Porter County Prosecutor's Office it might not have gone anywhere. Great job all around.
  5. Kudo's to the prosecutor's office in Porter County, It's fantastic to see the work between the inter-agency's work as they should. Thanks also to the Northern Counties CO's and DNR. Great insight ICO Arthur
  6. At least most of you guys don't have to live up here... :16suspect
  7. I was very glad to see it was upheld considering I was one of the main people in the case. I guess when you are doing something wrong you should not go into a federal office and tell them all of the illegal stuff you have been doing!;) They tried every way they could to get me not to testify but the judge let me, it was great. I also talked to Dan one of the main hunters harrased and he also was very pleased with the decision but he was told they are probably going to take it to the Indiana Supreme Court. Talk about a waste of tax-payers money!

  8. Better you that me.
    I have not had any anger management classes . . . . . .
    And if in a similar case, it would probably be quite evident.
  9. People always worry that the ANTIs will somehow take away hunting of all forms someday. I don't worry at all simply because of basic economics. Hunters contribute several millions dollars annually to state coffers. Money talks, and we as hunters by far contribute more money to state treasuries than do any group of hippie tree huggers ever will.

    I believe the biggest threats come from over development and/or lack of conservation.