HSUS' Lawsuit to Silence Maine Wildlife Professionals Dismissed

by
posted on April 28, 2015
** When you buy products through the links on our site, we may earn a commission that supports NRA's mission to protect, preserve and defend the Second Amendment. **
black_bear_hlf_f.jpg

On Friday, Apr. 3, Maine Superior Court Justice Joyce Wheeler issued a final judgment in the question of the state’s ability to comment on wildlife issues. In her ruling, Wheeler sided with the U.S. Sportsmen's Alliance (USSA) and dismissed an HSUS (Humane Society of the United States) lawsuit designed to prevent Maine wildlife professionals from speaking out on wildlife issues.

The case started in the closing weeks of the Maine bear campaign over Question 1 on the November 2014 ballot. The HSUS, through their front group Mainers for Fair Bear Hunting, sued the state of Maine—in this case the Maine Department of Inland Fisheries and Wildlife—alleging an improper level of engagement as the department’s vocal and public opposition to Question 1 didn't mesh with HSUS’ mission to stop bear hunting statewide.

The original lawsuit sought an injunction that would remove the TV advertisements being aired by the Maine Wildlife Conservation Council that featured department personnel talking about the dangers of Question 1.

“Political campaigns are won and lost on TV, especially in the case of ballot issue campaigns,” said Evan Heusinkveld, USSA Foundation’s vice president of government affairs. “There is no doubt our opponents saw the wildlife management professionals at the department as a distinct threat to their campaign. In response, they attempted to silence the only true experts—the professional staff at the Department of Inland Fisheries and Wildlife.”

On Oct. 22, 2014, Maine Superior Court Justice Joyce Wheeler denied the request for a temporary restraining order by Mainers for Fair Bear Hunting, which sought to remove television commercials opposed to Question 1. In her ruling, Justice Wheeler sided with the right of the state to provide comment. This ensured the commercials remained on the air, and just a few days later sportsmen were victorious at the ballot box, defeating Question 1 by a 53-46 margin. Despite the victory on the temporary restraining order and at the ballot box on Nov. 4, the lawsuit remained active.

In light of judge’s decision and with the election over, on Feb. 24 the Maine Department of Inland Fisheries and Wildlife moved to have the case dismissed because of mootness—a move supported by Maine Wildlife Conservation Council. However, HSUS lawyer Rachel Wertheime countered that the lawsuit was still valid because the organization would be filing paperwork to put a bear-hunting-ban initiative on the state’s 2016 ballot.

In her ruling today, Justice Wheeler responded to that motion by fully and finally dismissing the case at the Superior Court level, leaving HSUS, and their group Mainers for Fair Bear Hunting with few options outside of appeal to the state’s Law (Superior) Court.

“The Superior court already ruled that the state was well within its right to speak out on this issue, and now they have now decided that since the election is over, the case is moot,” said Heusinkveld.  “This ruling just reaffirms our position and is a clear victory for sportsmen and women.” There is no doubt the people of Maine deserve to hear from the experts on such issues!

Latest

LEDE USFWS Proposes
LEDE USFWS Proposes

USFWS Proposes New Grizzly Bear Management Rule

On July 17 the U.S. Fish and Wildlife Service (USFWS) published a proposed rulemaking change on the Federal Register that, if approved, would allow western states to better manage their grizzly bear population. Despite their burgeoning population the big bruins remain on the “endangered” list under the Endangered Species Act (ESA), a fact that has paralyzed regional conservation efforts, impacted other wildlife populations and dramatically increased human/bear conflicts.

Gear Roundup: Summer Shooting Fun

Looking to up your marksmanship skills this summer, or just plink around for fun? Check out this roundup of gear tailor-made for summer shooting fun.

New for 2026: ALPS Mountaineering Micro Air Pump

ALPS Mountaineering has released its Micro Air portable air pump. Compact and convenient, this pump packs a punch of inflation and is small enough to be hooked to a keychain without sticking out. This air pump delivers plenty of power without worrying about a battery going dead because it is connected to an external power bank.

Cartridge Legacies: The .30-06 Springfield Family Tree

At this point in time, 120 years after its introduction, we hunters should be very familiar with the .30-06 Springfield. But the .30-06 Springfield is also a great dad, having a lineup of famous sons which have earned great reputations for themselves. Let’s dig deeper into the family tree.

First Look: Daisy Red Ryder 250th Anniversary Editions

Daisy Outdoor Products has released three special Red Ryders commemorating our county's 250th Anniversary.

NRA YHEC Nationals Happening in Arkansas

The NRA National Youth Hunter Education Challenge (YHEC) Nationals are currently in Bentonville, Ark., running from July 19 to 26, 2026.

Interests



Get the best of American Hunter delivered to your inbox.