¿ªÔÆÌåÓý

Update on Harahan's Purple Martin "nuisance" case


 

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


 

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






 

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










 

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














 

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














 

LABIRD: it¡¯s great to see everyone going to bat for the martins.

For those on the front line, I¡¯m sure you¡¯re using this in the arguments but just in case ¡­ with many thousands of people maintaining Martin boxes in the USA, has there ever been a documented case of the Martins causing a health issue with an owner? Those are the people in most frequent contact with potential problems caused by the excrement, not the neighbors. Also, how many cases are there of heath issues known to have been caused by contact with feces of wild birds in general? It seems to me, naively, that burden-of-proof is on those who would designate PUMA colonies as a health hazard, especially in comparison to other wild birds. I¡¯ll bet the local Mockingbird generates more poop in their yard than the fly-over Purple Martins.

Also, those feces provide free nitrogen-rich fertilizer to the surroundings, including even the beloved lawns.

Also, for those who just don¡¯t like ¡°bugs¡±, Purple Martins provide free organic bug control. I¡¯m sure there are data on how many flying insects one PUMA consumes per day, which might be useful to include in the public records. Obviously, this is not a point that resonates with people on our LABIRD forum, but in the eyes of the non-ecological-thinking general public, it might.


===================

Dr. J. V. Remsen
Emeritus Prof. of Natural Science and Curator of Birds
Museum of Natural Science/Dept. Biological Sciences
LSU, Baton Rouge, LA 70803
najames<at>LSU.edu

On Feb 12, 2025, at 12:13 PM, Cathy DiSalvo via groups.io <cedisalvo1@...> wrote:

[You don't often get email from cedisalvo1@.... Learn why this is important at ]

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

















 

I can't go to the hearings but like Mac Myers I will write, too, if that would help. If so, who can supporters write to and where? Would letters from supporters elsewhere in the country help??Sandra

-------- Original message --------From: "Mac Myers via groups.io" <budogmacm@...> Date: 2/11/25 10:09 AM (GMT-06:00) To: cedisalvo1@... Cc: seejanebird@..., jenniferocoulson@..., LABIRD LABIRD <[email protected]> Subject: Re: [labird] Update on Harahan's Purple Martin "nuisance" case Jenn, Jane, Cathy, et al.,Thanks for the update on this idiotic litigation. Please? send out areminder about any future hearings or trials. Also, where is this beingheard or tried--in a Harahan municipal court or ??? What government body isresponsible for this absurd law or interpretation of law? I think many ofus would be glad to write to them expressing outrage at this egregiousoverreach of government, at the same time letting them know that we'llboycott all Harahan businesses if they go forward with this.MacOn Tue, Feb 11, 2025 at 8:30?AM Cathy DiSalvo via groups.io <cedisalvo1@...> 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> > >> > >> > >> > >> > >> > >> >> >> >> >> >> >>>> >>>


 

I think that could only help . I ll touch base with Mr Wilson and respond back . And thank you Van for input, excellent points that need addressing .

On Feb 12, 2025, at 2:56?PM, sandabar10 <sandabar10@...> wrote:

?I can't go to the hearings but like Mac Myers I will write, too, if that would help. If so, who can supporters write to and where? Would letters from supporters elsewhere in the country help?
Sandra


-------- Original message --------
From: "Mac Myers via groups.io" <budogmacm@...>
Date: 2/11/25 10:09 AM (GMT-06:00)
To: cedisalvo1@...
Cc: seejanebird@..., jenniferocoulson@..., LABIRD LABIRD <[email protected]>
Subject: Re: [labird] Update on Harahan's Purple Martin "nuisance" case

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

















 

FYI due to an Audubon Action Alert in December the mayor of Harahan
received more than 3,000 emails

On Wed, Feb 12, 2025, 3:48 PM Cathy DiSalvo via groups.io <cedisalvo1=
[email protected]> wrote:

I think that could only help . I ll touch base with Mr Wilson and respond
back . And thank you Van for input, excellent points that need addressing .
On Feb 12, 2025, at 2:56?PM, sandabar10 <sandabar10@...> wrote:

?I can't go to the hearings but like Mac Myers I will write, too, if
that would help. If so, who can supporters write to and where? Would
letters from supporters elsewhere in the country help?
Sandra


-------- Original message --------
From: "Mac Myers via groups.io" <budogmacm@...>
Date: 2/11/25 10:09 AM (GMT-06:00)
To: cedisalvo1@...
Cc: seejanebird@..., jenniferocoulson@..., LABIRD LABIRD <
[email protected]>
Subject: Re: [labird] Update on Harahan's Purple Martin "nuisance" case

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





















 

Wow!!!

On Feb 12, 2025, at 4:58?PM, David P. Muth via groups.io <muthdp@...> wrote:

?FYI due to an Audubon Action Alert in December the mayor of Harahan
received more than 3,000 emails

On Wed, Feb 12, 2025, 3:48 PM Cathy DiSalvo via groups.io <cedisalvo1=
[email protected]> wrote:

I think that could only help . I ll touch base with Mr Wilson and respond
back . And thank you Van for input, excellent points that need addressing .
On Feb 12, 2025, at 2:56?PM, sandabar10 <sandabar10@...> wrote:
?I can't go to the hearings but like Mac Myers I will write, too, if
that would help. If so, who can supporters write to and where? Would
letters from supporters elsewhere in the country help?
Sandra


-------- Original message --------
From: "Mac Myers via groups.io" <budogmacm@...>
Date: 2/11/25 10:09 AM (GMT-06:00)
To: cedisalvo1@...
Cc: seejanebird@..., jenniferocoulson@..., LABIRD LABIRD <
[email protected]>
Subject: Re: [labird] Update on Harahan's Purple Martin "nuisance" case

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
























 

Dear fellow naturalists ,

For anyone interested in showing your support of the Stamms and the Purple
Martins and /or want to add any additional information regarding this
issue, the emails of the city council ( there are 5) are on the city
website (harahanla.gov/city-council ) and Mayor's email is:
tim.baudier@... . Any comment large or small will help. Sorry
so much effort and time has to go into this ridiculous lawsuit. It's a
good thing I have tolerant neighbors because my live oak has dumped a
million acorns into his pool this winter, or I would be facing a complaint
and would have to cut down my Live Oak!

Thank you again,
Cathy DiSalvo
Harahan LA

On Wed, Feb 12, 2025 at 7:57?PM joan garvey <joanmgarvey1@...> wrote:

Wow!!!
Sent from my iPhone

On Feb 12, 2025, at 4:58?PM, David P. Muth via groups.io <muthdp=
[email protected]> wrote:

?FYI due to an Audubon Action Alert in December the mayor of Harahan
received more than 3,000 emails

On Wed, Feb 12, 2025, 3:48 PM Cathy DiSalvo via groups.io <cedisalvo1=
[email protected]> wrote:

I think that could only help . I ll touch base with Mr Wilson and
respond
back . And thank you Van for input, excellent points that need
addressing .
On Feb 12, 2025, at 2:56?PM, sandabar10 <sandabar10@...> wrote:
?I can't go to the hearings but like Mac Myers I will write, too, if
that would help. If so, who can supporters write to and where? Would
letters from supporters elsewhere in the country help?
Sandra


-------- Original message --------
From: "Mac Myers via groups.io" <budogmacm@...>
Date: 2/11/25 10:09 AM (GMT-06:00)
To: cedisalvo1@...
Cc: seejanebird@..., jenniferocoulson@..., LABIRD LABIRD <
[email protected]>
Subject: Re: [labird] Update on Harahan's Purple Martin "nuisance" case

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