Posted on 02/13/2006 4:34:27 PM PST by SJackson
MADISON - Bambi the deer won a round in Dane County Circuit Court Friday in her fight to stay with the Smith family of rural Columbus.
Dane County Circuit Judge John Albert declined to grant a request by the state Department of Natural Resources to wrest the whitetail from the Smiths, who have cared for her since she was run over by a car and chewed up by coyotes nearly two years ago. Ever since then, the DNR has waged a campaign to take Bambi away from the family.
The Smiths were in court Friday to hear Albert say that he could not grant summary judgment to order the removal of the deer because there are still factual disputes in the case. Among those is how Bambi, so named by the Smiths' grandchildren, is classified in Wisconsin.
"The state asks me to conclude this is a wild animal and not a domestic animal," said Albert, adding that he was unable to do so. And until that determination is made, the judge said, he cannot properly determine which set of statutes and administrative rules apply to Bambi.
"I really think some testimony needs to be taken and some people put under oath and under cross-examination for me to decide" that issue, Albert said.
Bambi and her twin sister came to the Smiths after friends found the two badly injured fawns following what appeared to have been a car wreck. The Smiths have been known to rehabilitate injured animals for years and they immediately tried to help the two fawns. Bambi's sister died, but Bambi survived the ordeal and the Smiths continued caring for her, carrying her around for months because she was unable to walk.
By the time the DNR became aware of the situation, the Smiths considered Bambi a part of their family and Bambi appears to have shared that feeling, even though the DNR considered her a wild animal that could not legally be held by the Smiths.
The Smiths went to court and, as the case has dragged on, Bambi has become closer to the Smiths and their grandchildren. She lost a constant companion, however. Bambi is kept in a fenced-in apple orchard, which she happily shared with a sheep named Curly. Unfortunately Curly, acting more like a hog than a sheep, saw Bambi eating acorns one day and joined in, basically eating himself to death.
Bambi shares her space with a goose now, and has a bunch of turkeys for neighbors.
"She's more lovable now than ever," said Mike Smith as he and his wife, Ilene, left court Friday. "She stands on her hind legs and asks for treats - graham crackers are her favorites," said Mike.
"She acts like a 2-year-old child," Ilene added. "She greets you by putting her nose to yours."
Unlike a 2-year-old kid, the Smiths said, Bambi comes when called and loves to be brushed and groomed.
"It's gotten to the point if you're in there (the pen) and not paying attention she'll paw you to get attention," Mike said.
And the Smiths pledge that, despite the cost, they will continue to fight to keep Bambi.
Government at work.
Your taxpayer money at work. Doesn't WI have anything better to waste money on.
Geez, let them keep the damn deer. If people can own pitbulls and, in some cases, lions, why not this?
Bambi's sister died, but Bambi survived the ordeal and the Smiths continued caring for her, carrying her around for months because she was unable to walk.
Ok its not a dog, or cat or horse but geez let these people keep the little deer!!
I agree... stop micromanaging these people.
Nothing like having azzholes with badges
Most states have laws to discourage capturing and keeping wild animals in order to protect the animals, not the people. Most people are not equipped to keep wild animals, and furry little raccoons, squirrels, rabbits, and deer usually don't handle captivity well.
I know it's not good under normal circumstances, but if the animal can't be released now, and they've been meeting it's needs through difficult care for two years... I say make an exception.
I live in CA, and you will sooo go to legal hell for doing this. These folks have been caring for animals for years. Let them keep Bambi. She is obviously domesticated, so would the DNR dump her out in the middle forest, so she could die? How stupid.
Yeah, I am sure the state can figure out a way to issue a permit. Since the animal was injured and likely can't care for itself in the wild, it would make sense. But the regs make sense as well in the general case.
The title had me thinking this was some sort of PayPerView jello/oil/mud cat-fight thread... Sorry for the intrusion.
But thanks for the ping anyway, SJ. I hope they let the poor little critter stay with it's new friends. I took in a great many wild critters when I was a yute, and was never bothered by the Authoritahys.
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FREE THE FAWN
Let her lose her slave name Bambi and reclaim her native name:
She-who-kills-SUVS
Odocoileus virginianus Liberation Front
hehehehe ;>)
Bambi's Fate
The Capital Times :: FRONT :: 3A
Wednesday, January 19, 2005
By Mike Miller The Capital Times
Bambi has been granted a stay of execution pending the outcome of the case in which her current caretakers and the state Department of Natural Resources are fighting over her future.
A court hearing was scheduled for Tuesday to decide whether an injunction should be issued to prevent the DNR from either removing Bambi from the farm of Mike and Ilene Smith of rural Columbus or killing the doe, who is about 1 1/2 years old.
But attorney Gary A. Schmaus, who represents the Smiths, wrote to Dane County Circuit Judge John Albert that discussions between himself and Assistant Attorney General P. Philip Peterson had been fruitful and the parties "have reached a temporary resolution of the issues that would have been addressed in that matter, and as a result there is no necessity to have a hearing."
Bambi, as the Smiths' grandchildren named her, and her mother and sister were all apparently hit by a car. The mother died while Bambi and the other fawn survived and managed to crawl into an enclosure on a farm. That farmer called Ilene Smith, who tended to the two injured fawns. One of the fawns died; the other was named Bambi by the Smith grandchildren.
The DNR is adamant that new rules established in the wake of the discovery of chronic wasting disease in Wisconsin make it impossible for the Smiths to keep the deer, while the Smiths say the animal has been with them for well over a year and is now a family pet.
Bambi enjoys life in a fenced enclosure she shares with a sheep named Curly.
The Smiths claim in their lawsuit that they complied with several suggestions by the DNR to make their possession of Bambi legal, and say the DNR has since said the deer would be killed or moved to a licensed wildlife rehabilitation center in Walworth County.
\ E-mail: mmiller@madison.com
Awww, rats! I clicked on this thread because I thought Ms. Bembenek was back in the news...
;o)
Geez, don't the DNR have better things to do than hassle these people. They would probably take the deer and have it euthenized anyway.
Some of the DNR here in Indiana are real pricks. I'm out in the woods a lot and run into them. They are usually ready to harrass you over anything.
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