Otsego Co. Judge Says Ban is Too Vague
OTSEGO CO., MI -- Chronic Wasting Disease was discovered in Kent County in 2008.
With this discovery, the state followed an emergency response plan to minimize the spread of the disease, and that was to outlaw deer feeding or baiting.
A recent decision in an Otsego County courtroom has overturned the ban.
The images appear to be harmless, photography with a simple click at the right moment, freezing it in time. Ken Borton, who runs the website, "Snowmancam.com," says images from his streaming webcam, like these, are snapped by viewers all the time.
"Back years ago, when it was legal to feed the deer, I did put corn out, once the baiting ban went in place, I've stopped doing that, so I know the difference between baiting deer, and not baiting deer," said Borton.
The Department of Natural Resources and Environment cited Borton with a misdemeanor for baiting deer. The case went to the Otsego County Courthouse, where 87th District Court Judge Patricia Morse threw out the case citing "unlimited discretion to enforcement" and it being "unconstitutionally vague."
$205 is all the ticket would have been if Borton had just paid it, but rather, he fought it, and thousands of dollars later, it's become an issue, not just with the county, but with the state.
State Representative Kevin Elsenheimer says this was the right decision, and the DNRE should revisit the issue.
"The D-N-R needs to look at it from the ground up. Is chronic wasting disease a real problem in the state, or was it just used as a way to end baiting in Michigan," said Elsenheimer.
John Ingersoll, who has been following this case and is a hunter, agrees change is needed.
"The way the law's set up now, it's too vague, as the judge mentioned, it leaves too much discretion to the law enforcement officer, if they like you or have a vendetta against you, it could go either way, and it should be point blank," said Ingersoll.
"I hope the powers-to-be can get together and decide what's right and make it understandable so we can all abide by the rules," said Borton.
The DNRE says they're still reviewing the opinion and has no comment.
There's no word if the DNRE will appeal Judge Morse's decision.
All charges were dropped against Borton.
