The fine has been paid since I appeared in court the first time. I simply dissagree with the officer's definition of 9-11-257 and will continue to fight the citation.

The law is vague and overbroad as stated by the Honorable Judge Hodnette. That is why the AG's opininion came into existence. Judge Hodnette of Mobile county wrote the AG and asked for an opininion on the definition. Judge Hodnette felt that 9-11-257 was so confusing that it should be invalid by default.

The reason this discussion has gone on as long as it has is due directly to the wording of the statute. This applies to many of our hunting regulations. The statute leaves room to support both sides.

Commissioner Lawley did not even include railroad in the 2010-2011 published hunting regulations. Commisioner Lawley included the rest of 9-11-257 and for whatever reason omitted railroad. If this publcation is capable of standing in any court without further evidence the publication should be accurate as to the regulations.

The copy of the 2010-2011 regulations as signed by Comissioner Lawley. Which is in fact the official copy, is not the same as the the supposedly official copy published on the DCNR official website. Exactly which copy of the regulations do you want hunters to follow? Or maybe we will allow law enforcement to simply mix doctrine as they see fit to enforce law.

"Laws are made for men of ordinary understanding and should, therefore, be construed by the ordinary rules of common sense. Their meaning is not to be sought for in metaphysical subtleties which may make anything mean everything or nothing at pleasure"

Thomas Jefferson

Vague laws involve three basic dangers: First, they may harm the innocent by failing to warn of the offense. Second, they encourage arbitrary and discriminatory enforcement because vague laws delegate enforcement and statutory interpretation to individual government officials and law enforcement officers. Third, because citizens will take extra precautions to avoid violating the law, vague laws inhibit our individual freedom.


Happy Easter Everyone it is going to be a beautiful day here in South Alabama.

"There are no easy days, not even yesterday"