Chalk one up for the snowman.
A court case out of Otsego County has interesting implications statewide, especially for area bird watchers and, potentially, winter animal feeders.
Earlier this year a conservation officer with the Department of Natural Resources Environment ticketed the operator of SnowManCam.com, Ken Borton. The Web site is a popular nature and weather webcam of northern Michigan and has quite a following. It features cutouts of a snowman and other figures adjacent to a bird feeder.
Unfortunately for Borton, the webcam one day captured video of deer also feeding at the site, which led to his $205 fine. If deer can congregate around a feeder anywhere, then the owner is subject to a fine in Michigan. State DNRE officials maintain they are trying to reduce the incidents of chronic wasting disease and bovine tuberculosis.
Last week 87th District Court Judge Patricia Morse dismissed the violation, saying she found the law "unconstitutionally vague" as it left no provisions for preventing wild animals from foraging near bird feeders.
At this point let us congratulate Judge Morse for allowing common sense to prevail in her decision. Borton met no harm and he is, unfortunately, but a pawn in this battle.
The story should end here but probably won't. The Otsego County Prosecutor's office has 21 days from the issuance of the ruling to appeal, and we expect a lot of pressure will be put on their office from the state to do that.
The DNRE cannot afford a case like this to weaken its no-bait position in the Lower Peninsula. Judge Morse's ruling, if left unchallenged, would do just that.
What should be done immediately is for DNRE legal staff to draft new legislation that would address their no feeding concerns, yet still allow recreational birdwatchers and feeders the opportunity to enjoy their pursuit without fear of being ticketed.
There has to be a balance found between common sense and good policy. Will that balance be found? We can only hope that it will.