PORTLAND, Maine - A Cumberland County Superior Court judge has declined to issue an injunction against wildlife biologists and other employees of the Maine Department of Inland Fisheries and Wildlife for their role in the bear hunting referendum on Maine's November ballot. The motion for a temporary restraining order was brought by supporters of Question 1, who say the state employees' use of taxpayer resources opposing limits on the use of bait, hounds and traps goes beyond the scope of their authority.
In her 15-page decision Judge Joyce Wheeler writes that plaintiffs failed to articulate how their side would suffer irreparable injury if opponents of Question 1 were allowed to continue to use agency funds to oppose the measure and to affect the outcome of the vote.
That's just one burden Mainers for Fair Bear Hunting were required to demonstrate. The group argued that DIFW had no specific legislative authorization for its campaign activities.
But Judge Wheeler pointed out that the Department is directed by statute to "preserve, protect and enhance...the wildlife resources of the State..and to provide for effective management of the resources."
Judge Wheeler also pointed out that the department does not intend to spend any more funds on the campaign. In addition, she says the TV advertisements showcasing bear biologists are the property of the Maine Wildlife Conservation Council, the group coordinating the No campaign, not the department itself.
And third, writes Wheeler, "the speech the plaintiffs seek to enjoin is part of the marketplace of ideas that best supports democracy."
The judge goes on to say that her decision "should not be read as an endorsement of DIFW's campaign activities as a matter of policy; but, rather a subscription to the point of view...that "more speech is better than less, and the Plaintiffs remain free to make their own voices louder and more persuasive in the marketplace of ideas."
Restricting the agency's speech, she continued, would be "contrary to the public interest."
Calls to both campaigns were not returned by airtime.
