WASHINGTON – The Humane Society of the United States (The HSUS) filed an amicus brief today in the Oregon Circuit Court of Marion County in defense of Measure 18, a citizen initiative approved by Oregon voters nearly 12 years ago that prohibits bear baiting and hound hunting of bears and cougars. The case was filed by an anti-wildlife group—Oregon Rural Citizens Against Subterfuge—which was apparently formed for the express purpose of attacking this longstanding state law.
In 1994, in response to growing concern over these inhumane hunting practices and increased threat of human habituated bears, Oregonians approved a ballot initiative that banned bear baiting and the use of dogs in hunting bears and cougars. Two years later, Oregon voters rejected a ballot measure that would have repealed this law. Nevertheless, wildlife protection opponents filed suit in May claiming that the 1994 measure unconstitutionally deprives rural Oregonians of their property without compensation and unconstitutionally discriminates against rural Oregonians.
"This lawsuit is the most frivolous legal attack on a citizen initiative we have ever seen," said Wayne Pacelle, HSUS president and CEO. "Oregon's ban on baiting and hounding has been in effect for more than a decade, and wild claims about unconstitutional discrimination against rural citizens are not going to change that."
Bear baiting and hound hunting are condemned by numerous hunting and conservation groups, because these practices are unethical and unsportsmanlike, violate the "fair chase" standard, and give the hunter an improper advantage over the animals. Bear baiting involves setting out rotting meats and other items in the woods in order to attract bears and then shoot them over the food, and poses significant risks to the public because bears become habituated to human food sources, making them more likely to raid campgrounds, and break into cars or cabins. Hound hunting involves fitting dogs with radio transmitter collars and then waiting for the dogs to drive a bear or cougar into a tree so the hunter can come shoot the frightened and defenseless animal.
The HSUS's amicus brief explains that Measure 18 is entirely constitutional, since it has not resulted in any "taking" of private property, because "rural Oregonians" are not a protected class under the equal protection clause, and because people that choose to live in wildlife habitat have no constitutional right to exterminate native wildlife populations.
Although Congress is considering a federal ban on the unsporting and dangerous practice of bear baiting on federal lands -- H.R. 1472, the Don't Feed the Bears Act—there is no existing federal law that bans this practice. Currently, bear baiting is restricted in eighteen of the twenty-nine states that allow bear baiting, and hound hunting is prohibited by nearly two-thirds of states.
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The Humane Society of the United States is the nation's largest animal protection organization with more than 9.5 million members and constituents. The HSUS is a mainstream voice for animals, with active programs in companion animals, disaster preparedness and response, wildlife and habitat protection, animals in research, equine protection and farm animal welfare. The HSUS protects all animals through education, investigation, litigation, legislation, advocacy and field work. The non-profit organization is based in Washington and has field representatives and offices across the country. On the web at www.hsus.org.
