1.
The constitutional challenge of Initiative 713 was filed in
Thurston County Superior
court by the Citizens for Responsible Wildlife Management Political
Action Committee
(CRWM PAC), with which we are affiliated.
2. On
July 13th, 2001, the judge assigned to hear the challenge
ruled in favor of the state.
Following a review of his written opinion and consultation with our
attorney and the affected
parties, a decision was made to appeal. On March 1, 2002 the case
went to the State Supreme Court for a decision
on whether it will be heard on direct
appeal or sent down to the Appeals Court for a hearing at
that level first.
3.
The challenge is based on:
The
Washington State Constitution
a.
"no
bill shall embrace more than one subject, and that shall be
expressed in the title”
b.
“no
act shall ever be revised or amended by mere reference to its title,
but the act
revised or the section amended shall be set forth in full
length”
The
United States Constitution
a. reserves
the power to regulate interstate commerce to the federal
government. I713
violates the Commerce Clause in that it places an impermissible
restriction on
interstate trade of animal fur.
4.
We anticipate that this case will go to the State Supreme
Court for the final decision.
5.
If
successful, this lawsuit will make I713 null and void.
THE
PUBLIC TRUST DOCTRINE
1.
This lawsuit is based on the Public Trust Doctrine (PTD),
which has its roots in the Magna
Carta and is a core natural resources management principle of
government,
Case law,
and our State and Federal Constitutions. The doctrine, simply
stated,
recognizes that
sovereign
(representative government) has the sole and exclusive
administrative obligation and responsibility to protect,
manage and conserve navigable
waters, fish and wildlife for the enjoyment and use by the public
for transportation, commerce
and related activities and purposes.
2.
This lawsuit was also filed by the CRWM
PAC and has been researched and prepared
by a reputable law firm that has successfully argued at the U.S.
Supreme Court level.
3.
We anticipate that this lawsuit will be decided at the U.S.
Supreme Court level.
4.
When successful, this lawsuit will overturn any initiatives
regulating fish and wildlife
previously
passed in Washington (I655 & I713, if the constitutional
challenge is not successful) as well as prohibit any future ones.
5. The
PTD lawsuit is in Thurston County Superior Court waiting to be
scheduled for a hearing,
which we anticipate will be the last of October or November, 2002.
-
It
is critical that ALL hunters, fishers, trappers, and other
concerned parties participate by
donating money on a continual basis, actively raising funds, and
helping out in any other way they can.
-
We
anticipate that the Public Trust Doctrine suit will take
approximately two years to wind its way through the court system,
therefore, money must come in throughout this period. We encourage
all concerned persons to budget a monthly amount and send it to
the CRWM Legal Fund until the lawsuits are settled. All donations
whether monthly or otherwise are, of course, welcome.
PLEASE
DO YOUR PART!!
THIS
COULD BE THE “LIGHT AT THE END OF THE TUNNEL” FOR ALL FISHERS,
TRAPPERS, AND
HUNTERS!!
Make
Checks Payable
To: CRWM
Legal Fund
Mail
to:
|
CRWM
Legal Fund |
|
P.O.
Box 14245 |
|
Tumwater,
WA 98511-4245 |
For
more information call 360-385-9294