An Ohio judge has halted the state’s enforcement of a law that, unintentionally, makes it illegal to “own, kill, transport, or feed” pigs.
The law, known as the “feral swine bill,” would have harmed the state’s 3,400 pig farmers as well as the owners of preserves where wild pigs are hunted.
A lawsuit seeking to prevent the law from taking effect was filed on March 18. It was noted that provisions in the law would have criminalized owning pigs, as well as killing all pigs or profiting from their slaughter.
The law’s definition of “wild boar” or “feral swine” included all pigs, according to the lawsuit.
House Bill 503 was scheduled to go into effect on March 20.
According to a summary of the law, the purpose is to prohibit the importation, transportation, or possession of live wild boar or feral swine in the state. It also established a procedure that allowed a property owner to kill wild boar or feral swine without a hunting license.
Shawnee Ridge Hunting and its owner, Paul Richter, filed the lawsuit on behalf of their 236-acre hunting preserve in Adams County.
On April 11, an Adams County judge ruled that the law was unconstitutional. In a written decision, Common Pleas Judge Brett Spencer stated that the law “contains ill-conceived terminology that is overly and fatally broad/vague.”
Spencer stated that the lawsuit is plaintiffs would be “unable to act without engaging in criminal activity.”
Spencer stated that once the provisions of the law were enforceable, Shawnee Ridge Hunting’s owner could have been charged with dozens of crimes and sentenced to up to 20 years in prison.
Spencer stated that there was “great public interest” in blocking the law.
“It is always in the public interest to protect constitutional rights,” according to the judge.
Zach Schaengold, lead counsel for the plaintiffs, said in a statement: “In standing up to government overreach, my clients Shawnee Ridge Hunting Preserve and Paul Richter also stood up for all Ohioans.” They paid attention to the details while the General Assembly and private supporters of the law did not. I and my co-counsel Jarrod Mohler and Chuck Rust have been honored to be a part of this important work.”
A spokesman for Ohio Attorney General Dave Yost stated that the office is reviewing Spencer’s decision and determining the next steps.