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W.Va. DNR Drops Appeal in 1st Amendment Case

From the Associated Press
Original article available here.


CHARLESTON, W.Va. - The state Division of Natural Resources has decided not to appeal a ruling involving political solicitations at a state park.

In June, U.S. District Judge John Preston Bailey ruled the DNR's requirement that "solicitation" in state parks only be allowed after getting written permission from the DNR director is unconstitutional.

The Charlottesville, Va.-based Rutherford Institute sued last year on behalf of the Constitution Party of West Virginia.

Party members wanted to use a National Hunting and Fishing Day event at Stonewall Jackson Lake State Park to collect signatures to put their candidates on West Virginia's ballot.

Earlier this week the DNR asked to dismiss the appeal, saying both sides agreed to the action. The dismissal request was approved Tuesday.

"The DNR respects the decision of the court, and this weekend's National Hunting and Fishing Days celebration at Stonewall Resort will proceed with a cognizance of that ruling," DNR spokesman Hoy Murphy said Friday in an e-mail to The Associated Press. "The DNR is hopeful that the purpose and theme of National Hunting and Fishing Days will continue and will be respected, allowing the annual show to proceed as it has in the past."

In August the DNR, which oversees West Virginia's parks and hunting and fishing programs, was ordered to pay $462 in costs and $37,769 in attorney fees to lawyers representing the institute and Constitution Party.

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