USP/PGC Deer Management Lawsuit Update

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USP/PGC Deer Management Lawsuit Update ©

By Jim Slinsky
08/22/09

Most of you realize that any engagement of the PA Game Commission quickly and easily turns into an entanglement. Challenging government is no small undertaking. One only needs to look at the federal government and how it is reacting to the people challenging the new, national health care proposals. The terms “radicals”, “extremists” and “small vocal minority” must be in a government handbook explaining how to deal with the public when they become irate.

In any event the Unified Sportsmen of PA’s (USP) lawsuit against the PGC for their indefensible deer management program is going down that government road of absurdity. This is temporary mind you and USP will overcome the nonsense. However, when you realize that the people of PA are paying the tab for the PGC and the Assistant Attorney General (AAG) Tim Keating to play games, it can be quite frustrating.

A light went off when AAG Keating responded to USP’s first set of lawsuit interrogatory questions. The PGC copied their entire website and submitted maybe a thousand pages as their answers. Absent the proverbial turnip truck, the PGC and Mr. Keating must believe USP is a conglomerate of mindless rednecks. Obviously, sarcasm and condescendence was their intent.

When USP filed their second set of interrogatory questions, AAG Keating responded six weeks late and he objected to almost every question. Objected? This is the equivalent of a championship fight and your opponent will not step in the ring. Once again, let us not forget the people of PA are paying for their nonsense.

While all of this was unfolding AAG Keating deposed Dr. Charles Bolgiano, Legislative Liaison for the USP, Mr. Steve Mohr, UPS President and yours truly. We all responded promptly and professionally and provided sworn testimony. Once again, the PGC has refused to step in the ring. AAG Keating has made a legal issue out of who can witness the PGC’s depositions and effectively stalled the entire process. Are you getting the picture? Obviously, the PGC doesn’t want to participate? USP was deposed three months ago.

Add all of the above to the fact that AAG Keating keeps making the same objections with the court trying to get a dismissal by technical maneuvering. The PGC is furious that USP was granted standing over two years ago. They were under the erroneous belief that they were so independent that they couldn’t be sued. As one judge commented, “anybody can sue anybody”.

Here’s my take on this fiasco. The PGC faces a dilemma. They would prefer not to go court or go on record in written form or with sworn testimony. If they are brutally honest about their deer management, they will lose this case. If they are deceptive and spin their testimony, they may be vulnerable to perjury allegations. They may be forced to throw some special interest people or each other under the bus to defend their management. In other words, handling this legal challenge in a prompt and professional manner could get real ugly for them. Who knows what some PGC VIP’s might say under the radiation of a sworn deposition?

There is one other possibility. Perhaps, the PGC is waiting or should we say stalling until the deer audit is completed. They may have the hope that somehow they will be vindicated of all criticisms and use those findings to fight the lawsuit. This strategy also carries a great deal of risk. The audit may not go as they are hoping. USP could reverse this strategy and use the audit against the PGC, once it becomes part of the public record.

If you are following all of this you should be asking yourself a question right now. If the PGC’s deer management is so solid, why are they playing games? As the so-called experts, why not climb into the ring and just walk right through USP? Why are they running?

Of course, all of these legal shenanigans cost USP more legal fees, which is another PGC strategy. I heard the PGC not only intends to win this suit, but bankrupt USP in the process. This threat is the mark of a real classy agency and to think the AG’s office is helping them. I thought Tom Corbett was operating the AG’s office at a higher standard.

I will keep you informed as this USP/PGC entanglement continues to play out. The only certainty in this entire matter is the people of PA will continue to pay the PGC’s legal bills.

Jim Slinsky is the host and producer of the “Outdoor Talk Network”, a nationally syndicated, outdoor-talk radio program. For a station near you or to contact Jim, visit his website at www.outdoortalknetwork.com.

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