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Appeals court upholds couple's conviction for disrupting hunt

By The Associated Press
01.23.07

INDIANAPOLIS — The Indiana Court of Appeals has upheld a northern Indiana couple's convictions for disrupting a 2001 deer hunt by driving down a road and honking their car's horn.

In its ruling Shuger v. Indiana Jan. 17 against Frederick and Rosanne Shuger, the court found Indiana's hunter-protection law is constitutional because it regulates only the place and manner of speech.

The Shugers had argued that the Hunter Harassment Act violates free-speech protections and compared it to a law against flag-burning struck down by the federal courts. But the appeals court said that comparison did not apply because Indiana's law does not restrict the content of speech.

The appeals 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."

Chicago attorney James Morsch, who represented the Shugers, said the couple would likely appeal to the Indiana Supreme Court.

"I'm very disappointed with the court's logic," he said.

The Shugers, who live in Beverly Shores along Lake Michigan, were sentenced to 15 days of community service in 2005 after a Porter County jury convicted them of violating the Indiana law.

Hunters taking part in a 2001 deer kill authorized by Beverly Shores complained to police that the couple drove down a 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, were convicted of two misdemeanor counts each of violating the anti-harassment law.


Related

N.J. appeals court upholds hunter-harassment law

Court rejects animal-rights activists' challenge of statute, ruling that it regulates conduct, not speech. 07.02.99

Illinois appeals court rejects challenge to state's hunter-harassment law

Animal-rights activists 'retain the ability to express their views at numerous other times and places,' rules court. 07.15.99

Connecticut high court deals blow to anti-hunting activists
Justices reject argument that by suppressing anti-hunting protests, hunter harassment law violated demonstrators’ rights to free speech, assembly. 05.14.02

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