APPEAL DENIED: IDNR CONTENDS NO DUTY TO PARK PATRONS AFTER HIDING LETHAL TRAPS IN PUBLIC PARK

          Last week, the Court of Appeals of Indiana denied the interlocutory appeal for Melodie Liddle (Liddle v. Clark, et al.) – the unfortunate park patron who struggled frantically to save her leashed dog Copper from a deadly trap at Versailles State Park in Indiana, and ultimately witnessed her beloved companion die in her arms. As has been the case with other motions filed by Ms. Liddle, her interlocutory appeal was summarily denied without explanation or justification.

          The facts in this case are undisputed and highlight the Indiana Department of Natural Resources’ (IDNR) indifference and reckless disregard for public safety. IDNR created a hazardous condition at Versailles by hiding lethal wildlife traps just feet away from the roadway and other areas frequented by the public and their pets. The agency then deliberately failed to warn park patrons of either the traps’ presence or location. Serious harm was not only foreseeable, but inevitable.

          Neither law nor fact support the State’s claims that the employees who created this hazard are immune from liability simply because they are on IDNR’s payroll or that IDNR has no duty to protect park patrons from foreseeable harm inflicted by dangerous lethal traps they themselves concealed throughout the park.

          In the five years since Copper’s violent death, IDNR has made no settlement attempt and offered no apology. Those who enabled this perilous condition have shown no signs of remorse or decency toward Ms. Liddle or her family. Rather, the State has worked to make this case as convoluted, expensive and protracted as possible.

          Ms. Liddle’s attorneys at the Center for Wildlife Ethics (CWE), have worked to vindicate her rights and vow to continue to battle this obstruction of justice. According to CWE attorney and Director Laura Nirenberg, “If we take the government’s flimsy defense to its troubling conclusion, IDNR could have hidden traps anywhere throughout the park where people were allowed (bathrooms, swimming pool, camp grounds, etc.) and any resulting injuries, regardless of the severity, would leave the victims without any legal recourse. People could literally lose their hand, or worse yet, a child, and the government would have no liability.”

          Adding insult to injury, the Indiana taxpayers – the same foreseeable victims of this secret killing program – are bearing the financial cost of this extensive litigation for both IDNR and the trapper.

          CWE, a 501(c)(3) charitable organization, is committed to providing legal advocacy for Ms. Liddle until justice prevails. We desperately need your help.  All contributions, no matter the amount, are tax-deductible and could help achieve justice for Copper and prevent future tragedies like the one Ms. Liddle has suffered through. Your support is greatly appreciated. 

Right to Hunt Measure is dangerous, unnecessary, and degrades State Constitution

Hoosiers will be asked to vote on whether or not to amend Indiana’s constitution to include Question #1:

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“The right to hunt, fish, and harvest wildlife is a valued part of Indiana's heritage and shall be forever preserved for the public good. The people have a right, which includes the right to use traditional methods, to hunt, fish, and harvest wildlife, subject only to the laws prescribed by the General Assembly and rules prescribed by virtue of the authority of the General Assembly to promote wildlife conservation and management and preserve the future of hunting and fishing. Hunting and fishing shall be a preferred means of managing and controlling wildlife. This section shall not be construed to limit the application of any provision of law relating to trespass or property rights.”

A state’s constitution is primary law. It is the architecture for society and government. Any changes must be clear, thoughtful, and infrequent since they should only reflect cultural or philosophical shifts of significant magnitude.

Indiana’s Bill of Rights represents the citizenry’s social contract and guides our dealings with each other and the government. These core rights facilitate our liberty and travel with us, unconfined by location or one’s surroundings.  

The right to kill does not, and cannot, qualify for this level of importance.

The right to hunt is not a societal core value, nor does it guide or serve any collective social purpose. It does nothing to enhance our social contract with each other or our government. In fact, many would argue we’re all more socialized without it.

The right to kill is not essential to our citizenship. It is not needed as a condition to exercise other rights that enable society to advance. (Rather, this proposed measure is deliberately designed to preclude societal advancement.)

The vast majority of Hoosiers do not participate in recreational killing. Elevating a violent hobby that has undergone a steady decline in popularity from a regulated privilege to the lofty status of a protected right is contemptible.

Other than procedurally-speaking, Question 1 is not a constitutional amendment at all. It is a legal placeholder that will allow political mischief and facilitate poor social policy. Its scope is limited to a lobbying block, and even then, only applies when its members are engaged in specific activities.

The proposed amendment is dishonest. It enables the government to pretend that violence and destruction are revered. The term “forever preserved” creates a false perception of virtue and importance. It also suggests that some truly fundamental right is currently under siege, thereby creating the false sense of urgency needed to get this absurd measure on the ballot.

The vague, undefined term “harvest” may grant heightened protection on wildlife trappers and their inherently cruel and indiscriminate trapping practices. Brutally painful and deadly traps can be cloaked as “traditional” to avoid or limit pesky regulatory oversight. Any public outrage about the recreational trapping of wildlife or human safety risks on public lands be damned.

As proposed, the measure intensifies the Department of Natural Resources’ pro-killing slant and delegates unwarranted discretion to this agency. This is the same wildlife agency that has repeatedly enacted harmful policies that circumvent public notice, silence public opinion and recklessly disregard public safety. Killing will, as usual, be authorized by a handshake while saving animals, or even leaving them alone, will become a bureaucratic nightmare likely soon regulated out of existence.

Constitutionalizing recreational killing alongside the right to freedom of speech and the press, the prohibition against slavery, and freedom of religion, is shameful. Commodifying inalienable rights for the sole benefit of the well-connected few screams of desperation and entitlement. Question 1 makes a mockery of Indiana’s constitution, will result in absurd consequences, and sets a dangerous precedent sure to open the floodgates for more special interest politicking.

The priority of this measure is evident. It is meant to enshrine some bizarre sense that killing is the only option while silencing the political speech of compassionate voices that favor non-violence and/or public safety. It serves to bind future generations to a single violent mechanism for interacting with wildlife regardless of whether it is safe, rational, ethical, or effective.

A small minority, even a vocal and armed one, should not determine what constitutes Indiana’s collective ideals.

Innovation and advancement of new ideas requires a governmental process that is responsive to the public’s will. Question 1 blatantly and openly violates the integrity and fundamental purpose of these democratic principles and should be emphatically rejected by all citizens respectful of the constitution.

Exploring the Overlap Between Hunting Season and Increased Deer-Vehicle Collisions

Every fall, motorists are cautioned to remain alert while on roadways because of the significant rise in deer-vehicle collisions (DVC). According to the Insurance Information Institute, there is a dramatic increase in the movement of deer “during deer season” resulting in over 1.5 million DVCs annually and “more than $1 billion in auto damage.”  

State Farm Insurance confirms this phenomenon, noting that in 2015, “one out of 169 drivers will have a claim from hitting a deer, elk or moose”, and these odds “more than double” during the heavily hunted months of October, November and December.

by jcrader

The media and the hunting contingent routinely attribute this spike in roadway hazards to emboldened, testosterone-crazed bucks in hot pursuit of females. However, the majority of road-killed deer during breeding season are not antlered (i.e., are not mature males), dispelling the myth that horny deer are oblivious to roadway hazards. In fact, evidence suggests that to the contrary, it is terrified deer fleeing hunters who are the victims of increased DVCs in the fall.

One would reasonably expect that if erratic breeding season behavior was the true cause of increased DVCs in the fall, supporting studies and data would be abundant, especially given the frequency of these events, the cost in human and animal lives, property damage, etc., as well as the popularity of the claim itself. Although media claims and propaganda blaming deer for these tragic happenings are rampant, any critical studies to support the notion that rutting deer cause accidents in the fall are utterly lacking.

In fact, the one recent study uncovered by the Center for Wildlife Ethics addressing the tremendous uptick in autumn deer-vehicle collisions suggests a human-created cause. “Relationship of Autumn Hunting Season to the Frequency of Deer-Vehicle Collisions in Michigan,”[1] a 2006 study, suggests (and logic dictates), hunting is quite likely a contributing factor in the increased number of DVCs – most of which occur during the early morning and early evening hours – preferred hunting periods.

The study recommended further work examining the relationship between hunting season, rutting behavior and DVC frequency; yet ten years after its publication, it does not appear that any further work has been commissioned.

Why is that? Is it possible that the issue of DVCs is being avoided deliberately because of the negative ramifications such research may have on the hunting industry?

Remember, hunters typically use the tragic consequences of deer-vehicle collisions to bolster public support of recreational killing. They claim to provide a public service through white-tailed deer reductions – theoretically, reducing the number of DVCs.

The hunting contingent’s claims of public service are misleading. Deer populations are deliberately manipulated to record-setting levels for the sole purpose of providing an abundance of live targets for hunters to shoot. Larger populations lead to more competition for food, territories and mates, and ultimately, more roadway hazards.

by NIghthawk Publications

It is illogical to believe that hunters and their violent hobby are not a contributing factor to DVCs. The disruptive presence and predatory activities of hunters in deer habitat cause these nervous animals of prey to panic and bolt blindly across roadways while fleeing hunters, their vehicles, and of course, their lethal projectiles.

Any disruption in the deer’s environment and normal patterns of behavior is further compounded by hunters who hide in trees and douse themselves in estrous deer or dominant buck urine – substances that are sure to stimulate buck activity.

If the hunting community truly believed its own unsubstantiated assertions alleging that the sexual arousal of bucks in rut was to blame for these hazardous accidents, then the application of either of these substances make hunters culpable to some degree. Similarly, wildlife managers who deliberately manipulate deer populations to artificially high numbers for the benefit of local hunters should be held equally responsible.

[1] The Journal of Wildlife Management, 704(4): 1161-1164 (2006).