Contender
07-05-2005, 09:47 AM
http://www.nyoutdoornews.com/articles/2005/07/01//news/news2.txt
A dispute between the state Department of Environmental Conservation
and members of the state Assembly over release of hunting and fishing
license holders' names has led to a lawsuit against the DEC.
The lawsuit, filed in late May, asks a judge to force the DEC to turn
over the list of names and addresses, a request the DEC has denied.
It was filed on behalf of Assembly Democrats, the house's majority
party and a group that hasn't always been viewed kindly by sportsmen
because of its anti-gun legislative history.
A spokesman for the Assembly, Bryan Franke, said legislators filed
the lawsuit after 16 months of requests were spurned.
He said the Assembly filed a Freedom of Information Law request,
which was denied, and then unsuccessfully appealed.
Franke said the Assembly simply wanted the names to help keep hunters
and anglers informed.
"We've used this information in the past to keep sportsmen aware of
legislation and issues we think they'd be interested in," he said.
"We've been getting this information for a number of years."
Mike Fraser, a spokesman for the DEC, said the information wasn't
turned over this time because the new, automated DECALS license
system compiles personal information the DEC did not think the
Assembly should have in an era of heightened privacy concerns.
DECALS came on line in 2002.
In particular, Fraser said the agency was concerned that some of the
information could be used to commit identity theft if it fell into
the wrong hands.
"We're standing up for the privacy rights of New York citizens," he said.
The New York State Conservation Council has weighed in on the issue
on behalf of sportsmen, asking the Assembly to back off the request,
said Wally John, the Council's legislative vice president. The
Assembly did not respond to the letter it was sent, he said.
John said the Council may seek to intervene in the lawsuit as a
friend of the court.
The Assembly and DEC are scheduled to appear in the case in state
Supreme Court in Albany County on July 29.
Franke said the state attorney general's office, which represents
state agencies when they are sued, has a conflict of interest in the
matter, so a private law firm had to be retained for the DEC "at
taxpayer expense."
Many sportsmen across the state raised eyebrows when Assembly
Democrats indicated they want to keep sportsmen informed of
outdoor-related issues. The Assembly majority is generally regarded
as the roadblock in legislation that would reduce the minimum hunting
age for big game. Bills have in the past been approved by the state
Senate but died in the Assembly without a vote.
A dispute between the state Department of Environmental Conservation
and members of the state Assembly over release of hunting and fishing
license holders' names has led to a lawsuit against the DEC.
The lawsuit, filed in late May, asks a judge to force the DEC to turn
over the list of names and addresses, a request the DEC has denied.
It was filed on behalf of Assembly Democrats, the house's majority
party and a group that hasn't always been viewed kindly by sportsmen
because of its anti-gun legislative history.
A spokesman for the Assembly, Bryan Franke, said legislators filed
the lawsuit after 16 months of requests were spurned.
He said the Assembly filed a Freedom of Information Law request,
which was denied, and then unsuccessfully appealed.
Franke said the Assembly simply wanted the names to help keep hunters
and anglers informed.
"We've used this information in the past to keep sportsmen aware of
legislation and issues we think they'd be interested in," he said.
"We've been getting this information for a number of years."
Mike Fraser, a spokesman for the DEC, said the information wasn't
turned over this time because the new, automated DECALS license
system compiles personal information the DEC did not think the
Assembly should have in an era of heightened privacy concerns.
DECALS came on line in 2002.
In particular, Fraser said the agency was concerned that some of the
information could be used to commit identity theft if it fell into
the wrong hands.
"We're standing up for the privacy rights of New York citizens," he said.
The New York State Conservation Council has weighed in on the issue
on behalf of sportsmen, asking the Assembly to back off the request,
said Wally John, the Council's legislative vice president. The
Assembly did not respond to the letter it was sent, he said.
John said the Council may seek to intervene in the lawsuit as a
friend of the court.
The Assembly and DEC are scheduled to appear in the case in state
Supreme Court in Albany County on July 29.
Franke said the state attorney general's office, which represents
state agencies when they are sued, has a conflict of interest in the
matter, so a private law firm had to be retained for the DEC "at
taxpayer expense."
Many sportsmen across the state raised eyebrows when Assembly
Democrats indicated they want to keep sportsmen informed of
outdoor-related issues. The Assembly majority is generally regarded
as the roadblock in legislation that would reduce the minimum hunting
age for big game. Bills have in the past been approved by the state
Senate but died in the Assembly without a vote.