A conservative activist group says the state Department of Natural Resources broke the law when it canceled in-person hunter education classes. They’re filing suit to require the agency to reverse restrictions put in place to slow the spread of COVID-19.
Hunter Nation Inc. argues that the DNR doesn’t have the authority to cancel the classes by “executive fiat.” The group is filing suit against the DNR in Marathon County on Wednesday.
The right to hunt “is a protected in our state’s constitution,” said Luke Hilgemann, Hunter Nation’s CEO. “They need to be able to use that right to pursue the sport of hunting. And right now they’re being blocked from doing it.”
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The DNR put a stop to its in-person classes as part of statewide efforts to slow the spread of the coronavirus that included closing schools, retail businesses and restaurants.
The department does offer online courses which allow most of those interested to get a license. However, the lawsuit notes that children under 18 who take online courses are still required to attend an in-person “field day” in order to complete the training. That’s not possible under the current rules. The field day training is not required for adults, but it is recommended for those who don’t have experience hunting.
The lawsuit also contends that the DNR has prevented local governments from holding recognized training. It states that the Oneida County Sheriff’s Office canceled a planned June 11 course because officials had been informed that the DNR “will not recognize the course due to Gov. (Tony) Evers’ COVID-19 restrictions.” That training would have come nearly a month after the state Supreme Court threw out the Evers administration’s “Safer at Home” order.
“The state Supreme Court made a very clear ruling that (Safer at Home) rules or restrictions were unenforceable under the law,” Hilgemann said. “It’s troubling to us to see the Evers administration giving people the feeling that they can’t do those things because of the law. There just clearly is no law in place that prohibits that.”
DNR spokesperson Sarah Hoye declined to comment on the lawsuit, but said the DNR is waiting for guidance from health officials on when to resume in-person classes. She said additional guidance from state agencies regarding instructing children is due at the end of this month.
“Our first priority is safety,” Hoye said in a statement to WPR. “That includes not only providing educational safety courses for hunting, boating and off-highway vehicles, but also ensuring the students and instructors who participate are as safe as possible from exposure to COVID-19.”
The lawsuit from Hunter Nation is the latest in a series of attacks by conservatives on Gov. Tony Evers’ power to enact policies amid the COVID-19 pandemic. It’s being filed by the Wisconsin Institute for Law & Liberty, which also filed an amicus brief with the state Supreme Court in support of Republican lawmakers’ successful challenge to the governor’s stay-at-home order.
There is no open hunting season in Wisconsin until September, and gun deer hunting doesn’t open for any hunter until October. The state’s main gun-deer season is from Nov. 21 through Nov. 29 this year. But Hilgemann said many families use summer training sessions to ensure their kids are licensed to hunt in the fall.
Hilgemann is the former CEO for Americans for Prosperity. He said Hunter Nation has about 3,000 members in Wisconsin.
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