collapse

Advertisement


Author Topic: Legal channels to remove the baiting and hound hunting Initiative of the 90s  (Read 8987 times)

Offline 520backyard

  • Trade Count: (0)
  • Hunter
  • ***
  • Join Date: Jun 2010
  • Posts: 201
So at the very least I would say precedent has been set by that Jefferson superior court judge's ruling.

You would be wrong

https://caselaw.findlaw.com/wa-court-of-appeals/1091801.html
I stand corrected.
Swim hell, the fall will kill ya.

Offline Knocker of rocks

  • Non-Hunting Topics
  • Trade Count: (0)
  • Old Salt
  • ******
  • Join Date: Aug 2011
  • Posts: 8889
  • Location: the Holocene, man
The initiative should be illegal as it contained multiple issues on one initiative, I've heard of people using this defense but it seems to be hush hush  :-X  and tossed out of court but I don't know for sure  :dunno:

As per the Court of Appeals finding linked above, there was only one issue, namely the taking of certain animals. The CoA also explains how this differs from several of Eyman’s initiaves which demonstrably do contain multiple issues.

Offline Humptulips

  • Global Moderator
  • Trade Count: (+2)
  • Old Salt
  • *****
  • Join Date: May 2010
  • Posts: 9156
  • Location: Humptulips
    • Washington State Trappers Association
  • Groups: WSTA, NTA, FTA, OTA, WWC, WFW, NRA
Late to the discussion.
I was a party to the suit to overturn I-713. As has been posted we lost. I-655 and I-713 are similar in that one might think they both would be found unconstitutional based on the two subject rule. Actually I-713 had three subjects one of which was not expressed in the title. Seemed like a slam dunk.
The Court however categorizes subjects in Initiatives as General and Restrictive. Basically if the Court see Rational Unity between the subjects in a title it is General and legal. If the subjects cannot be connected via the rational Unity argument it is restrictive and unconstitutional.
Both of the Initiatives are General in the eyes of the court and so constitutional.

It seems to be some very convoluted reasoning to reach that conclusion but nether will ever be overturned through the court system.
You can read about the I-713 case here https://law.justia.com/cases/washington/supreme-court/2003/72186-6-1.html
Either could be changed by a simple majority vote of the Legislature. This did happen with I-713 but Governor Locke vetoed the bill. IMO it is unlikely any changes for the positive will happen with the current make up of the Legislature. Also one has to be sure of an outcome before going down that road as any bill can be amended and end up being more restrictive. We had that happen while trying to pass a repeal of I-713 but were able to kill the bill.

A few words on cost. We spent right about $100,000 on legal bills challenging I-713 about 15 years ago. Costs would be much higher now.
When we defended against the Initiative we were told we needed to raise $850,000 to have a chance of defeating it. HSUS threw $2,000,000 into the campaign. To stand a chance at passing a repeal of either via the Initiative route now would require several million dollars  at a minimum.
Bruce Vandervort

Offline Knocker of rocks

  • Non-Hunting Topics
  • Trade Count: (0)
  • Old Salt
  • ******
  • Join Date: Aug 2011
  • Posts: 8889
  • Location: the Holocene, man
Wow,  that’s some money. Thanks for the explanation.

 


* Advertisement

* Recent Topics

Idaho Non-res hunt draw by kentrek
[Today at 10:36:20 AM]


My wife found her first shed by redi
[Today at 10:30:57 AM]


Hunter bags 717 lb black bear by dilleytech
[Today at 08:25:09 AM]


Idaho Moose Tag Area 1-1 Hunt 3001 by MADMAX
[Today at 07:53:23 AM]


Ain’t it the truth!!😆😆😆😆 by wadu1
[Today at 07:40:28 AM]


Looking for Red Hot Replacement Muzzleloader Nipple 2 SKU: M900013 by HntnFsh
[Today at 06:41:27 AM]


Blue Tongue and EHD outbreak in NE Washington by hunter399
[Today at 06:13:12 AM]


2025 deer, let's see em! by Craig
[Today at 05:43:48 AM]


Whos going out for late muzzy Elk? by trophyhunt
[Yesterday at 10:33:49 PM]


Big J's Black Friday sale by trophyhunt
[Yesterday at 08:05:28 PM]


3 pintails by metlhead
[Yesterday at 07:54:28 PM]


King of the mountain caught sleeping by Rufous
[Yesterday at 07:52:52 PM]


Real world feedback needed: Rangefinder Binos by jeffro
[Yesterday at 07:52:05 PM]


Willipa Hills Antlerless tag by b0bbyg
[Yesterday at 07:42:48 PM]


Seekins PH3 by HUNT JR
[Yesterday at 07:31:55 PM]


121 Quality November 20-24 by erronulvin
[Yesterday at 06:52:55 PM]


Skyline by Brute
[Yesterday at 06:51:45 PM]


One of my Wowzhers by High Climber
[Yesterday at 06:47:52 PM]


Last Minute Light by MADMAX
[Yesterday at 06:12:55 PM]


Owl by HntnFsh
[Yesterday at 05:47:13 PM]

SimplePortal 2.3.7 © 2008-2025, SimplePortal