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Re: Update on Harahan's Purple Martin "nuisance" case


 

Jennifer and All

I confirmed with Andrew that the hearing is set for March 10 and the trail
is set for March 12 both at Harahan City Hall 6437 Jefferson Hwy ,
Harahan. 5:00pm

On Tue, Feb 11, 2025 at 10:09?AM Mac Myers <budogmacm@...> wrote:

Jenn, Jane, Cathy, et al.,

Thanks for the update on this idiotic litigation. Please send out a
reminder about any future hearings or trials. Also, where is this being
heard or tried--in a Harahan municipal court or ??? What government body is
responsible for this absurd law or interpretation of law? I think many of
us would be glad to write to them expressing outrage at this egregious
overreach of government, at the same time letting them know that we'll
boycott all Harahan businesses if they go forward with this.

Mac

On Tue, Feb 11, 2025 at 8:30?AM Cathy DiSalvo via groups.io <cedisalvo1=
[email protected]> wrote:

Thank you Jennifer for update and Mr Wilson for diligently defending the
Stamm's and the Martins. It is very important for a show of force at the
trial on March 10. ( if there is one). The Stamm's are currently putting
up their Martin houses and several Martins have already arrived.

Thanks to All
Cathy DiSalvo
Harahan resident and neighbor to Stamms.

On Tue, Feb 11, 2025 at 7:23?AM Jane Patterson via groups.io
<seejanebird=
[email protected]> wrote:

Jenn,

Thanks for the update. I actually spoke to a group of ladies in the
garden
club in Harahan yesterday. They live in the Stamm¡¯s neighborhood but not
all of them were aware of the issue.

Question: what is the status of the colony at this point? Purple
Martins
are starting to return and will no doubt return to the Stamm¡¯s. Will
they
find housing this year?

¡ªJane Patterson
On Tue, Feb 11, 2025 at 7:17?AM Jennifer Outlaw Coulson via groups.io
<jenniferocoulson@...> wrote:

Dear LABIRD,

*Thank you to those of you who attended the hearing last night!*

UPDATE on Harahan¡¯s Purple Martin "Nuisance" Case

Breaking news ... last night at the Purple Martin "nuisance" case
hearing
in Harahan, attorney and Orleans Audubon Society Conservation Chair,
Andrew
Wilson, presented motions to dismiss. The judge was impressed with the
argument that the case should be dismissed based on the Ex Post Facto
Clause of the U.S. Constitution, which prohibits governments from
passing
laws that retroactively punish people for actions that were legal when
they
were committed. A retired couple in Harahan is being charged with the
"crime" of keeping Purple Martin houses in their backyard, because
their
neighbor has declared the martins to be a public nuisance and human
health
hazard. The fact that this case is being considered at all is
bewildering
because Harahan has officially declared itself to be a bird sanctuary.

Concerned citizens turned out in droves last night to attend the
hearing
and show their support for Purple Martins and the Stamms. The crowd
ranged
from Harahan residents to bird watchers, folks who feed backyard
birds,
gardeners and nature enthusiasts.

The judge considered Mr. Wilson's argument a strong one, so much so
that
he
delayed the hearing and trial dates by one month, giving the city
time to
respond. The hearing is now set for Monday, March 10, 5:00 p.m., with
the
trial to follow on Wednesday, March 125:00 p.m., if the case is not
dismissed. OAS hopes that you will mark your calendars and plan to
attend.

Sincerely,

Jennifer Coulson
OAS President













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