Wisconsin officials sued over hunter harassment law

MADISON, Wis. (AP) — A group of Wisconsin residents say the state’s hunter harassment law stifles free speech and are suing state officials in federal court.

Wisconsin Public Radio reports that Joseph Brown, Louis Weisberg and Stephanie Losse filed a lawsuit in the U.S. Western District Court of Wisconsin on Monday against Gov. Scott Walker, state Department of Natural Resources Secretary Cathy Stepp and Attorney General Brad Schimel.

The law prohibits people from repeatedly bothering hunters. It also makes it illegal to film, record or photograph hunters on multiple occasions.

Matthew Liebman is director of litigation for the Animal Legal Defense Fund. He says there are already laws in place to prevent harassment.

The group is seeking an injunction to prevent enforcement of the law.

A spokesman for Schimel says he respects residents’ constitutional right to hunt.

Copyright 2017: Associated Press

Hopefully they lose.

suzuki wrote:

Hopefully they lose.

I can’t imagine a scenario in which they would win.

Years ago, there used to be some people who would go through the public land, tossing a beach ball back and forth, talking loudly, trying to scare the deer away. We used them as drivers and got lots of deer out of them woods…

I live on a bay that has duck and goose hunting on the far end. The wack jobs that live across the bay feed geese and talk to them like they are kids. I have seen them harass a hunter with his kids by getting in his row boat and singing loud all the way up to were the family was hunting. I started calling the warden for the way they feed with all the disgusting geese it brought in, and told him about two separate harassment incidents I witnessed and that I would not tolerate any more harassment. They have finally gotten the point and cooled it but this would give these freaks free reign. It only takes 1 wack job judge to make this stuff stick for awhile until a higher court can hear the case. Be careful about this….

Here is the actual complaint…It looks like it was written by a first year law student. And I’m no lawyer…LOL

Based on the complaint, they are just all butt-hurt because they can’t continue to harass hunters, trappers and fishers (their words, not mine…LOL).

Glenn

Attachments:

1. 

   Complaint.pdf
   

Wow. To be that bored. I have an Aunt like that. Too much money and time. Shell die old and alone. More to the story of course that isnt pertinent. Good Riddance.

Years ago I lucked into a hunt on an orchard during the second season. It was colder than bejesus the opening morning and we had a mess of these ditwads out there. They tried but deer were still taken. The next morning we decided to get on stand a little later and took time to stop at the cars these dinks drove and sprayed water in their locks. Lots of water. Then we each took a two gallon jug of water to the stands. These fools would go on patrol and walk right under the stands smoking cigars. As they went under the stands each one got a douse job. They didn’t stay in the woods long at 22 below that morning. The orchard was strictly private property and when these jackwads called law enforcement and reported being assaulted of course the deputies showed. When the deputies saw the posted signs and were walked out to each of the water holding stands they could see perfectly well what had taken place, went back and cited each one of the pricks for trespass and harassment. I didn’t hunt the next year there but as I understand it some flat tires were found on their cars. Not cut, just flat. No snow that year, no tracks and the stems had valves and caps so it must have been the cold air.

I see names in the complaint. Hunters should get together and pull shifts sitting on the street at their residence yelling at them and filming them.

When hunters, fishers, or trappers (collectively “hunters”) are present on public
land in the State of Wisconsin, other users had better leave the area—not for fear of errant bullets
or hidden traps, but for fear of serious legal repercussions. Failure to leave could land non-hunters
Case: 3:17-cv-00549-wmc Document #: 1 Filed: 07/17/17 Page 1 of 33
2
in jail with a hefty fine, especially if they are simply monitoring the hunters’ activity. This is the
purpose and effect of Wis. Stat. § 29.083—to give hunters priority use of public lands and privacy
to pursue their kills in peace. Beyond being patently unfair to non-hunters, Wis. Stat. § 29.083 is
also unconstitutional in that it chills lawful expression in violation of the First Amendment.
Filmmakers, journalists, and activists are among the non-hunters specifically injured by this
statute. In fact, the current version of Wis. Stat. § 29.083 was enacted specifically to stifle the
constitutionally protected activities of a single group known as Wolf Patrol.

You have to be a pretty loony lawyer to try and make that case. COs are charged with monitoring hunters, not private citizens. You have a right to free speech. You do not have a right to harass or interfere with people doing lawful activities. We all know what they want is to disrupt a hunt.

Wis. Stat. § 29.083, as previously enacted and recently amended, is facially, and as
applied to Plaintiffs, unconstitutional for several independent reasons: (1) it is an
unconstitutionally overbroad restriction of speech in violation of the First Amendment; (2) it is an
unconstitutionally vague restriction of speech in violation of the First and Fourteenth
Case: 3:17-cv-00549-wmc Document #: 1 Filed: 07/17/17 Page 3 of 33
4
Amendments; and (3) it is an impermissible content-based restriction that violates the First
Amendment because it is not narrowly tailored to serve a compelling government interest.

Again, it’s a law to prevent you from harassing people, it violates nothing.

This is why I always like to look at these complaints. The media has to hit the high points and can’t really show how retarded these idiots are.

I think the case will ultimately be dismissed or decided against them.

The free speech argument has been tried and shot down in every other state that has a hunter harassment law, including MN. It’ll be booted out of court.

But please, if you see hunter harassment of any form, CALL and report it. Don’t let these jerkbaits get away with it.

Grouse

Losse has been a pain in the *** to WI sportsman for a long time. Sounds typical and she’ll likely fall flat on her face with it as she usually does. Would be nice if she would just move to California where she would fit in better.

“SCI is now considering whether to participate in a case that challenges Wisconsin’s Hunter Harassment law.” If you have been or feel you will be affected by this case, contact their Litigation Department.

At first I wondered why such a law would exist, but as I read further and heard your stories I understood. Thankfully ive never had to encounter some protester in the woods interfering with a hunt and I hope I never do. Hopefully the law is upheld.

I know all too well the intention of these laws. I hunt my own private property in a relatively urban area in 601. I’ll leave it at that…