Group Files Lawsuit Over Town of Smithtown Deer Hunting Law

SMITHTOWN, NY - A Suffolk County-based hunting group recently filed a lawsuit against the Town of Smithtown over a local hunting regulation which they claim violates a similar New York state law.

Hunters For Deer is suing the town over an ordinance which prohibits the "discharge of long bows within 500 feet of a dwelling, school or occupied structure, or a park, beach, playground or any other place of outdoor recreational or non-recreational activities."

In a press release from the group, they are stating that this is "no longer the law of the land."

The group wrote that in 2014, after years of study and as a result of deer population explosion New York changed the state Environmental Conservation Law to reduce bow hunting setbacks from 500 feet to 150 feet from a dwelling or public structure.

According to the group, the town does not have a right to regulate this state law.

“The Smithtown local town law, establishing illegal hunting setbacks and discharge requirements, is inconsistent with the New York State law and regulations, and moreover defeats the applicable State law’s objective of providing a detailed and comprehensive statewide regulatory framework for the management of wildlife populations,” Michael Tessitore, president of Hunters For Deer said.

The town has asked for the lawsuit to be dismissed, denying all claims made by the group, Newsday reports.

Most recently, on Tuesday Hunters For Deer stated in a post on their Facebook page that the DEC will not be issuing Deer Damage Permits to private properties due to the town's discharge law.

"While our original law suit against Smithtown was not seeking a monetary judgement, the actions by the NYSDEC to deny nuisance permits this season, to private property owners and Nuisance Wildlife Control Professionals, will cause another law suit to be filed seeking monetary damages, the post reads.