Judge to man: Keep quiet during hunting season

[pictoblu]

"I'd say blowing an air horn while someone is hunting - and after the game warden has been out there a few times already to tell you to knock it off - violates the law and deserves a citation.
Now. What's bs about that?
Do you have any facts to back up your accusation that the judge was bought off or are you just spouting off at the mouth?
John"





I didn't proclaim that the judge was bought off, but the facts, as stated in the article leave so much to ponder, that pondering is what ensued, from this view of the situation.

As for the stuff you googled, it's not necessarily correct. People say many things, especially if they think they are "helping a buddy".

Why the hostility directed my way? I'll give you the benefit of the doubt and suggest that maybe you had a tough day at the office and have misplaced your frustrations.

Hope your tomorrow is a great one and that your fondest wish comes true!

Peace, brother.

 

[bill in IN]

A similar situation is that of a farmer who has been surrounded by the suburbs but still needs to farm his ground. Circumstances require the use of somewhat noisey equipment at odd hours of the day. Guess where most of the decisions have gone on this scenario?

 

[SteveS]

MO raises a good point in saying that this case may have been more appropriate for civil court. I still think that we don't have all the facts. Most states have laws that deal with harasing hunters and I think these are good laws. If I am out hunting and some PETA wacko is following me around trying to scare away game, then I should be able to call a CO and have that person arrested/ticketed. If I had to file a suit and seek an injunction, I'd be lucky if it were heard within 6 months.

I don't think your gun range comparison is fair. In most cases, people sue gun ranges after they move in next to them. Plus, noise from a gun range is incidental to normal gun-range activity. If the range also had an air-raid siren going off all day long, loud concerts, etc., then that may be harassment or a nuisance.

 

[auschip]

http://www.dailysentinel.com/sports/content/sports/stories/2006/09/24/MATTS_COLUMN_FOR_SUNDAY.html

"According to Texas Parks and Wildlife Department law enforcement officials close to the case, it was proven in a court of law that Morris was in violation of the Sportsman's Rights Act, because he intentionally tried to spoil the chances of hunters next door by making noise to scare off game.

"Harassment is harassment, and that is how the charges originally came about," said Jeff Powell, the Ellis County TPWD game warden who investigated the case. "In a case like this there has to be pretty convincing evidence of intent for charges too be filed in the first place, and you have to prove intent was there to actually win. The prosecution managed to do that."

Powell said hunters on the ranch provided sworn statements indicating that Morris harassed them repeatedly while they manned their deer blinds last November and December. The game warden added that most of the incidents occurred early and late in the day, during peak deer movement times.

"The hunters told me he (Morris) would walk up and down the fence line and yell to them in their stands you seeing anything yet!'" Powell said. "They also said he would drive his car along the fence line and blow his horn or an air horn repeatedly, and place his stereo speakers outside his house and turn up the volume real loud at 6 o'clock in the morning."

Based on that, I would say it was pretty clear he wasn't doing his day to day farm chores. Also, the question was asked about what defines a hunt (and makes the assumption that the game was privately owned as well). In this case, The state of Texas owns the game, not the land owner.

 

[Jrsmith]

According to that, I would say the ruling could have been justified then. I mean, I am allowed to say whatever the hell I want most of the time, but as soon as I REPEATEDLY follow somone yelling obseneties or threats, its harrassment.

I think it this case that is exactly what it seems to be, harassment. In that particular case the citation would be justified, I am all about punishing jerks for being... jerks.

Now if the problem was a farmer using his tractor, or running a lawnmower or something, thats just a inconsiderate neighbor (unfortunate, I have one of those) and some unlucky hunters.

 

[HighVelocity]

Wait til' they hear the new Tornado warning siren that I'm installing. Of course, it's got to be tested.
It's for the children don't ya know.
j/k

"The hunters told me he (Morris) would walk up and down the fence line and yell to them in their stands you seeing anything yet!'" Powell said. "They also said he would drive his car along the fence line and blow his horn or an air horn repeatedly, and place his stereo speakers outside his house and turn up the volume real loud at 6 o'clock in the morning."

The judge did what he had to do according to the law. Morris sounds like a real piece of work.

 

[Jrsmith]

Wonder why he was taking these measures. If he just wanted that lady to have to sell her land, thats quite mean. If he wanted to 'save' deer, just let him drive up here for a couple of weeks right before hunting season. I bet hitting a few deer at 55mph might change his mind about deer control. Every vehicle I have owned has had at least some contact with a deer, exclusively in late October - early November.

 

[Art Eatman]

M.O., the point is that you can't do stuff byond "normal". The means is not particularly relevant. Whatever beyond-normal, beyond-accepted, item of whatever sort that leaves your property must not disturb your neighbors. City or rural, it doesn't matter.

auschip's post pretty well ends the discussion, however, since it shows the reason for the finding of guilt as cited in the original post. Wilful harassment is against the law.

Art

 

[Deathrider1579]

I dunno. Frankly, if I were told to keep quiet except for a four hour window during the middle of the day, I'd be...ah...disinclined to acquiesce.

Dito!

My property, and especialy if I'm out of the city, my rules.

On the other hand it sounds like this guy was being a grade 'A' JackAss and probably in need of a good clip behind the ear with a shovel.

-DR