Judge Calls Michigan Bait Ban “Unconstitutionally Vague”

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April 13, 2010

Judge Calls Michigan Bait Ban “Unconstitutionally Vague”

From The Lansing State Journal:

In a ruling bound to warm the hearts of people who like to feed birds, an Otsego County judge tossed out a case against a man charged with violating the Lower Peninsula ban on feeding and baiting deer.

Because the backyard bird feeder at Ken Borton's Gaylord home was attracting deer, officials of the state Department of Natural Resources and Environment said Borton was violating the deer-feeding ban. He faced a misdemeanor charge and a $205 fine….

Borton said Monday he was "very pleased" to have the charge against him dismissed. He added, however, that he had "no intention of getting the (baiting/feeding) ban overturned."

Is that actually a possibility? Asked Monday what far-reaching implications Judge Morse's decision might have, DNRE spokeswoman Mary Dettloff replied, by e-mail:

"We are reviewing the ruling and have no comment."

Comments (7)

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from salmonquest wrote 2 years 6 weeks ago

I'm familiar with this and it is ridiculous. The next thing you know the michigan DNR would be fining people who grow a garden, plant apple trees, or just maintain a nice lawn. I'm surprised they don't fine the chickadees for scattering the sedd on the ground.

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from MLH wrote 2 years 6 weeks ago

They have a very popular website where people can view, night and day, all types of wildlife that come to their feeders. Turkey, deer, and bears show up. You could count on seeing deer at the feeder almost every night. Even though they aren't baiting the deer for hunting, this setup pretty much counters the intent of the DNR to keep deer from eating in a confined space and potentially spreading disease.

http://snowmancam.com/

So what will the Bortons do? If they are truly just trying to attract birds and want to do the right thing then they will change their setup to feed only birds. We'll see.

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from MichFish86 wrote 2 years 6 weeks ago

The law to limit (not stop) disease transmission by unnaturally congregating the deer and elk. There's a big difference between foraging around an apple tree or garden and being literally nose-to-nose around a 12" diameter pile of corn.

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from Walt Smith wrote 2 years 6 weeks ago

Too bad the state makes honest citizens pay instead of the High Fence Farm where the CWD was discovered, but that would take common sense.

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from Walt Smith wrote 2 years 6 weeks ago

"Unnaturally congregating deer and elk" Do you mean like those unnatural, planted, "Legal" food plots ??? Don't even get me started!

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from Ozark Hunter wrote 2 years 5 weeks ago

Walt pretty much said it!

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from Don Mitchell wrote 2 years 5 weeks ago

right on Walt. +-1 from me,a michigander

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from Walt Smith wrote 2 years 6 weeks ago

Too bad the state makes honest citizens pay instead of the High Fence Farm where the CWD was discovered, but that would take common sense.

+2 Good Comment? Yes | No | Report

from Walt Smith wrote 2 years 6 weeks ago

"Unnaturally congregating deer and elk" Do you mean like those unnatural, planted, "Legal" food plots ??? Don't even get me started!

+2 Good Comment? Yes | No | Report

from salmonquest wrote 2 years 6 weeks ago

+1 Good Comment? Yes | No | Report

from Ozark Hunter wrote 2 years 5 weeks ago

Walt pretty much said it!

+1 Good Comment? Yes | No | Report

from Don Mitchell wrote 2 years 5 weeks ago

right on Walt. +-1 from me,a michigander

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from MLH wrote 2 years 6 weeks ago

http://snowmancam.com/

So what will the Bortons do? If they are truly just trying to attract birds and want to do the right thing then they will change their setup to feed only birds. We'll see.

-1 Good Comment? Yes | No | Report

from MichFish86 wrote 2 years 6 weeks ago

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