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Thursday, January 18, 2007
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