David
2004-07-15 01:53:31 UTC
Virginia County Blocks Women On Target® Clinic
Local Club Ordered to "Cease and Desist All Shooting Sports Activities"
Organizers of an NRA Women On Target® instructional shooting clinic,
scheduled to be held on July 17 at the Middlesex Pistol Hunters' Club near
Hartfield, Virginia, have been ordered by Middlesex County to cancel the
women-only training session. The County's order also applies to firearm
proficiency training scheduled for a local 4-H group, and arguably to a
Refuse To Be A Victim® crime prevention seminar -- even though there are no
firearms used in the seminar and it was to be conducted outside the club's
property, at a local American Legion hall.
Despite the County's written admission that the facility is permitted to
operate as a hunting club and to conduct "accessory uses," including
"hunting, firearm and safety training courses," club founder Macey White
received a letter from the County dated January 19, 2004, threatening legal
action if he did not "cease and desist all shooting sports activities."
A similar prohibition against community service programs had been levied
against the club in 2001 and fought by White in court. In that action, White
was denied the freedom to hold an NRA Youth Shooting Sports Camp at his
club. NRA attorneys representing White sued the Middlesex County Board of
Supervisors and the County Zoning Administrator. Ultimately, White won a
$30,000 confessed judgment and the right to conduct hunting-related
activities and NRA youth firearm safety and training-type courses as part of
the club's operation.
Since the County's decision expressed in the January 19th letter was based
on the strict definitions of terms like "sport shooting," "hunting-related
activities" and "firearms training," NRA attorneys offered to work with the
County until all concerned could agree on the language, but the offer was
rebuffed.
On June 21, a Board of Zoning Appeals hearing was held at the Saluda, VA
courthouse. Representing Mr. White, NRA attorney Dan Zavadil voiced a number
of arguments ranging from gender discrimination (regarding cancellation of
the Women On Target® event), to pre-emption, asserting that Middlesex County
has no authority to override the Virginia General Assembly, which has
already ruled that hunting is a state constitutional right. Mr. White was
even prohibited from advertising his hunt club events, so Zavadil raised
First Amendment issues as well.
A standing-room only crowd attended the hearing, and 29 local residents
voiced their support for Mr. White, including several local law enforcement
officers who applauded White's efforts in teaching the safe, responsible use
of firearms. (About eight citizens showed up to take the County's position.)
Despite the strength of the legal arguments, the previous zoning
interpretation in his favor, and the public support shown for the safety
programs, the Board of Zoning Appeals shocked meeting attendees by ruling in
favor of the County. Both White and the NRA vowed an appeal would be filed.
"We are disappointed that the Board of Zoning Appeals refused to follow
well-established case law precedent or to respect the constitutional rights
of Mr. White," said NRA attorney Dan Zavadil. "We are currently researching
all our legal options and fully intend to pursue legal action in all
appropriate forums."
Citizens wishing to help Mr. White may want to consider contributing to The
NRA Civil Rights Defense Fund, created by the NRA Board of Directors in 1978
to become involved in court cases establishing legal precedents in favor of
gun owners. After the resolution of Mr. White's 2001 case, he donated
virtually all the judgment earned back to the CRDF to help defend the civil
rights of other gun owners in the future.
Local Club Ordered to "Cease and Desist All Shooting Sports Activities"
Organizers of an NRA Women On Target® instructional shooting clinic,
scheduled to be held on July 17 at the Middlesex Pistol Hunters' Club near
Hartfield, Virginia, have been ordered by Middlesex County to cancel the
women-only training session. The County's order also applies to firearm
proficiency training scheduled for a local 4-H group, and arguably to a
Refuse To Be A Victim® crime prevention seminar -- even though there are no
firearms used in the seminar and it was to be conducted outside the club's
property, at a local American Legion hall.
Despite the County's written admission that the facility is permitted to
operate as a hunting club and to conduct "accessory uses," including
"hunting, firearm and safety training courses," club founder Macey White
received a letter from the County dated January 19, 2004, threatening legal
action if he did not "cease and desist all shooting sports activities."
A similar prohibition against community service programs had been levied
against the club in 2001 and fought by White in court. In that action, White
was denied the freedom to hold an NRA Youth Shooting Sports Camp at his
club. NRA attorneys representing White sued the Middlesex County Board of
Supervisors and the County Zoning Administrator. Ultimately, White won a
$30,000 confessed judgment and the right to conduct hunting-related
activities and NRA youth firearm safety and training-type courses as part of
the club's operation.
Since the County's decision expressed in the January 19th letter was based
on the strict definitions of terms like "sport shooting," "hunting-related
activities" and "firearms training," NRA attorneys offered to work with the
County until all concerned could agree on the language, but the offer was
rebuffed.
On June 21, a Board of Zoning Appeals hearing was held at the Saluda, VA
courthouse. Representing Mr. White, NRA attorney Dan Zavadil voiced a number
of arguments ranging from gender discrimination (regarding cancellation of
the Women On Target® event), to pre-emption, asserting that Middlesex County
has no authority to override the Virginia General Assembly, which has
already ruled that hunting is a state constitutional right. Mr. White was
even prohibited from advertising his hunt club events, so Zavadil raised
First Amendment issues as well.
A standing-room only crowd attended the hearing, and 29 local residents
voiced their support for Mr. White, including several local law enforcement
officers who applauded White's efforts in teaching the safe, responsible use
of firearms. (About eight citizens showed up to take the County's position.)
Despite the strength of the legal arguments, the previous zoning
interpretation in his favor, and the public support shown for the safety
programs, the Board of Zoning Appeals shocked meeting attendees by ruling in
favor of the County. Both White and the NRA vowed an appeal would be filed.
"We are disappointed that the Board of Zoning Appeals refused to follow
well-established case law precedent or to respect the constitutional rights
of Mr. White," said NRA attorney Dan Zavadil. "We are currently researching
all our legal options and fully intend to pursue legal action in all
appropriate forums."
Citizens wishing to help Mr. White may want to consider contributing to The
NRA Civil Rights Defense Fund, created by the NRA Board of Directors in 1978
to become involved in court cases establishing legal precedents in favor of
gun owners. After the resolution of Mr. White's 2001 case, he donated
virtually all the judgment earned back to the CRDF to help defend the civil
rights of other gun owners in the future.