Township faces legal action over deer population control plans

The debate over Princeton Township's deer population management program heated up over the past few weeks with new legal developments.

A coalition of Princeton residents have challenged the Township's plan to cut the deer population from about 1,600 to around 300 over the next few years. The opponents of the plan specifically question its methods, which include what opponents call a "net and bolt" method of capturing deer. In this method, bait attracts deer to certain sites at which they are netted. Then a skull-puncturing device is used to kill the animal. The plan also calls for the use of sharpshooters where feasible. In addition, the Township passed an ordinance criminalizing the feeding of deer under most conditions.

On Dec. 22, opponents of the plan held a rally, which they said attracted over 400 people, including rock musician Patti Smith.

Carl Mayer '81 and Bruce Afran, attorneys working with the Mercer County Deer Alliance and other animal rights groups, have led the legal effort against the deer program. They petitioned the Mercer County Superior Court of Chancery on Dec. 29-30 to issue an emergency restraining order on the Township's plans.

"We went to court representing over 40 individuals in Princeton, including Joyce Carol Oates and Peter Singer, two Princeton faculty members," Mayer said, "and sought a temporary restraining order, which would completely rejoin the Township from killing deer with high powered rifles."

Mayer said the population plan endangers Princeton residents and violates New Jersey's animal cruelty laws. He said the bullets used can travel up to two-and-a-half miles. He also said that deer are often "tortured and tormented" before being killed under the "net and bolt" procedure.

Mayer said a deputy was dispatched to Judge Andrew Smithson's home on Dec. 31. Smithson subsequently issued a temporary restraining order.

On Wednesday Judge Neil Shuster of the Chancery Court lifted the restraining order on the population plan and directed the coalition's challenge to the Appellate of the Superior Court of New Jersey. Shuster also upheld a restraining order on criminalizing the feeding of deer.

Mayer said of the ruling, "This is another victory because Princeton [Township] promised that [the court] would dismiss the complaint. They didn't. So we're gong to press to continue to stop."

But Ed Schmierer, an attorney representing the Township, has a different point of view.

"We feel vindicated by the ruling," Schmierer said. "[The] ruling was a victory for the town in terms of getting rid of this restraining order and letting the plans proceed."

Schmierer said the ruling was "effectively a dismissal." He noted that the Appellate Court already has two cases on deer issues before it.

Get the best of the ‘Prince’ delivered straight to your inbox. Subscribe now »

On the issue of feeding the deer, Schmierer said the Township consented to maintaining the restraining order until a higher court rules on the constitutionality of the deer management program.

"[The program's not] illegal or unsafe," Schmierer contended. "The State of New Jersey has a series of laws which were changed three years ago to permit what we're doing."

"We think it's a lot more cruel to run across the highway near home and put at risk the animal and the driver," Schmierer said. "And the way the netting systems are set up, the deer is taken almost as quickly as with a rifle."

But Mayer and the coalition to stop the program are not satisfied and called on the University to intervene.

"This litigation will not end," Mayer said. "We renew our call to the president of the University, Shirley Tilghman, a biologist, to intervene and to stop this program and to craft in town a non-lethal alternative to this medieval barbarity."

President Tilghman and University Community and State Affairs Director Pamela Hersh said the University has no position on this issue.

Borough Mayor Marvin Reed said he supported the Township.

"The Borough has been supportive of Princeton Township's efforts in order to control the deer population in this area," Reed said. "A number of our Borough residents have had their cars damaged. There are even people associated with the Borough in which members of the their family have been killed in deer accidents, and we are very concerned about the problem."