Copyright © 2001 NLThomas
All Rights Reserved

Helena, Montana - On March 14, 2001; Val Coulter, Jeffrey Newhard and Jared MacKinnon were arrested and charged with resisting and interfering with a forest law enforcement officer on Horse Butte Peninsula on the day of a bison hazing operation. MacKinnon was acquitted based on video shot by him which showed him complying with the order to move. Coulter and Newhard were found guilty and fined $5,000 with all but $350 and $500 of the fines suspended respectively for the Defendants.

The Montana Department of Livestock is permitted by the U.S. Forest Service to operate a buffalo capture facility on two acres of land on Horse Butte Peninsula, adjacent to Yellowstone National Park near Hebgen Lake. On the day in question, several law enforcement agencies cooperated with the Montana Department of Livestock to haze and capture wild buffalo. Early in the morning, Buffalo Field Campaign volunteers prevented the capture of seven buffalo by re-routing them from the capture facility at the last moment. Four arrests were made. Later in the day, when MDOL's buffalo hazing operation was not in operation, the Defendants were arrested for refusing to leave National Forest land. A media camcorder was confiscated.

On July 27, 2001 Rick Sherwood, attorney for the Defendants, filed an appeal in U.S. District Court (Helena, Montana) contending that they cannot be convicted of a criminal offense for refusing to leave National Forest land that had not been closed to the public pursuant to the law, and that they received sentences in excess of that allowed by law.

36 CFR 261.3(a): "Threatening, resisting, intimidating, or interfering with any forest officer engaged in or on account of the performance of his official duties in the protection, improvement, or administration of the National Forest System is prohibited."

The Defendants argue that the federal regulation 36 CFR 261.3 is overbroad and unconstitutionally vague because it does not state that it is an offense to refuse to obey the direction of authorized officials. Disallowing citizens to be in part of a National Forest is in excess of their authority because the effect of such an order is a closure of public lands, which can only be ordered by a Forest Supervisor or a higher authority.

Buffalo Field Campaign and Cold Mountain, Cold Rivers advocate that we have a right to be on public lands to witness the public's business. We must hope those rights are defended in court.