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Montana Game Farm
“Takings” Case
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FOR IMMEDIATE RELEASE: June 14, 2005 Montana Game Farm “Takings” Case Rejected by Appeals Court ! Seattle, WA. On Monday, June 13, the US Court of Appeals for the Ninth Circuit dismissed all claims in the appeal by game farm operators Bob Spoklie of Kalispell and Kim Kafka of Havre who contested an earlier ruling by a Montana district court that also threw out their claims. Spoklie and Kafka were both asserting that the State of Montana owed them damages from lost business, lost commerce and that the prohibition of allowing “the shooting of game (farm) animals or alternative livestock…for a fee or other remuneration (canned shooting) was a “takings”. The court cases, resulting from the passed Citizens/Sportsmen’s Initiative I-143, are only two of thirteen that have been filed over I-143. In every case that have received rulings the courts have found, often with prejudice, that I-143 is constitutional, is not a “takings”, and Montana Fish, Wildlife and Parks has the authority and legitimate responsibility to enforce the laws governing game farms in the public interest. The 16-page Court of Appeals opinion written by Judge William A. Fletcher affirmed the dismissal by the lower court stating that the district court correctly dismissed the claims that I-143 is invalid, that I-143 did not violate their property rights and that Spoklie and Kafka “failed to establish that there has been a taking.” Their properties, their animals, the meat and animal by-products can still be sold for whatever purpose. Montana Wildlife Federation (MWF), at great expense, has “intervened” in each and every case defending the authority of the State of Montana and the interests of fair chase public hunters. MWF president Chris Marchion said, “Ethical sportsmen of Montana believe there is a lot at stake with these cases, however, we anticipated this decision. Sportsmen engaged constitutional lawyers in the crafting of language for I-143 to insure the results would withstand legal challenges. The game farmers have tried nearly every back-door approach possible. At the 2003 session they were trying to pass legislation that would have cost tax payers and sportsmen nearly $15 million dollars to pay for their already failing businesses; the market was simply falling apart not because of I-143 but because of failing meat markets, failing trophy markets and the threat of chronic wasting disease. Montana citizens, tax-payers and sportsmen should be furious with these continued frivolous lawsuits that are costing the State thousands of dollars, money that could be used for the benefit of free-ranging wildlife and other positive, valuable state programs. It is time for the game farm industry to accept the democratic will of the voters and comply with the law. They should put their energy into activities other than the unethical hunting of captive, held behind wire fence, game farm animals. MWF is proud of our role in protecting the public’s elk and deer, and the public’s interest in fair chase hunting opportunities.” |
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This message is brought to you by the Montana Wildlife Federation ... Montana's largest, statewide wildlife conservation organization with over 7,000 members. |
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Thank
you once more for standing up for Montana's wildlife heritage. |
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| For More Info: | Larry Copenhaver, Conservation Director Montana Wildlife Federation (406) 458-0227 • (800) 517-7256 Email: lcopenhaver@mtwf.org |
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