Isn’t it judicial protocol for a judge to hear evidence before voicing and/or rendering a decision? That doesn’t seem to be the case in Maine where U.S. District Court Judge John Woodcock will be presiding over an Endangered Species Act case involving the inadvertent trapping of the Canada lynx by licensed trappers in Maine.

The suit was filed against the State of Maine and in particular the Maine Department of Inland Fisheries and Wildlife by the Animal Protection Institute based out of California. The state is also represented in its defense by the Maine Trappers Association, the Sportsman’s Alliance of Maine and the U.S. Sportsmen’s Alliance.

According to an article by Kevin Miller of the Bangor Daily News, Woodcock, having heard virtually no evidence in this case, made a bold statement and prediction.

“I don’t think anyone here is accusing anybody of deliberately trapping lynx, but if trappers are going out … and they accidentally or inadvertently take lynx, then that is a violation of the Endangered Species Act,” Woodcock told the two teams of attorneys at the beginning of Friday’s hearing.

“I sympathize very much with the state of Maine on this but that is a personal sympathy, not a judicial one,” Woodcock added.

It’s got to be tough to continue in defense of a lawsuit where it already appears the judge has made up his mind. One would think that there is much to consider before rendering such a decision. First, Woodcock should consider the facts. According to figures from the U.S. Fish and Wildlife Service, since 1999, 34 lynx have been inadvertently trapped. Of the 34 trapped, only two have died. The rest have been released successfully. Any intelligent person with common sense can clearly see this is in no way harming the species.

A judge it seems would also want to consider how many lynx have be killed over the same period of time by other means, like driving a car or the destruction of wildlife habitat by development and logging operations. Any wildlife scientist will tell you that the biggest threat to a lynx is loss of habitat. We must also consider that during the decades the bald eagle was protected by the Endangered Species Act, trapping continued in Maine. There were a few reported cases of inadvertent trapping of eagles because they are scavengers, yet the species has flourished, despite the trapping and has been removed from the ESA list.

If find it quite disturbing that a judge would have such a black and white approach before even hearing any evidence presented in a case. Is this grounds for dismissal or can they seek a new judge? Once again he makes his intent quite clear.

“It is the law,” he said. “I don’t think there is any question about it, and I am obligated to follow the law.”

Where is precedence? Do cases exist that a common to this suit? Hasn’t trapping continued all over this country in areas where endangered species exist without jeopardizing the restoration of the species? Has any wildlife agency and in particular the USFWS ever taken issue with this practice before?

The state will attempt to show that the U.S. Fish and Wildlife Service has never indicated that inadvertent trapping of the lynx posed any problem in dealing with the protection of the species and that two lynx trapped and killed in 8 years is no danger to the animal.

It is extremely disturbing and unfortunate that a U.S. District Court judge has already made up his mind in this case without first hearing evidence. Another indication of legislating from the bench and making rulings based on personal agenda. It’s sad. A black and white ruling like this will set a precedence that could effectively put an end to trapping in areas where any endangered species exist. This act in itself could actually put some endangered species at higher risk because of some trapped species growing unchecked. This is further reason that the ESA should be overhauled or even tossed out, at least challenged in court as being unconstitutional.

Is there no common sense anywhere, anymore?

Tom Remington

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Hiring an asbestos attorney who is specialized in the field of mesothelioma would probably be more helpful than hiring any lawyer you’d find in the phonebook. Trained mesothelioma attorneys are better equipped to deal with any mesothelioma law suits than most others.

Alaska Governor Sarah Palin decided not to sit quietly by while California Congressman George Miller, filed a bill to stop the use of aerial wolf management practices. According to KTUU News, Palin told Miller to stop listening to the lies of the special interests.

In her letter sent Thursday, Palin accuses Miller of not doing his homework about Alaska’s predator control program. The letter urges Miller, “…not to swallow the rhetoric of special interest advocacy groups trying to raise money for their inaccurate campaigns.”

Palin went on to explain the state’s efforts to control wolf populations.

“Scientifically based predator control programs will continue in Alaska because we want to increase moose and caribou populations, especially for those rural Alaskans who are so reliant on that game to fill their freezers and feed their families,”

Miller continues to see this as a federal government issue.

“People of the country, last time they visited this issue made it very clear that they wanted it outlawed. They saw this as inhumane, they saw it as inconsistent with standards of hunting,”

Tom Remington

Mike Ferguson, owner of Velvet Elk Ranch near Island Park, Idaho has been cleared of any wrongdoing in the way he disposed of his animal’s gut piles. Because of increased bear activity as the result of drought and summer heat, some wanted to blame this on Ferguson.

After an investigation by the Department of Agriculture, which handles elk ranching, Ferguson was found to have been disposing of his remains within the laws that govern the industry.

However, I would like to point out one slightly misleading thing that LocalNews8 reported in their Associated Press mini article.

Mark Hyndman is the state livestock investigator charged with inspecting operations at Velvet Ranch … specifically the burial grounds for elk carcasses, guts and organs. His report found nothing wrong with burial procedures.

However, Ferguson has agreed to alter his methods, including burying guts daily closer to the kill site.(emboldening is mine)

This report makes it sound as if Mr. Ferguson agreed to this after the fact, which is not the case. He took it upon himself before the investigation because of the reports of increased bear activity, to dispose of his remains as soon as was feasible in order to reduce any chances of exacerbating the bear problems.

Tom Remington

This morning I was going back over the list of stories I have written over the last 4 or 5 years and decided it would be a good idea to bring back to life some of these. Below is one of the first stories I wrote for Maine Hunting Today a few years ago now. I hope you enjoy it.

Father and son experience the ultimate in whitetail adventure.
By: Thomas K. Remington

One of the things that make hunting special is when a dad can share it with his son or on the flip side, when a son can share it with his dad. The excitement of hunting whitetail deer in the State of Maine is insurmountable. Add to that an opportunity for a father and his son to spend a day in the woods with each other is a formula for an event that lasts a life time. It is far too infrequent these days when a father and son spend time together hunting or doing much of anything as a matter of fact. A day in the woods for Dennis and Joel Doyon of Bethel, Maine in November of 2002 would culminate in a way that only a good fiction writer could pen into a best selling drama full of adrenalin pumping anticipation and an ending that would surprise even the veteran reader. It was a day that will be remembered for generations to come. This is that story.

Joel Doyon was in Cape May, New Jersey finishing up his boot camp with the United States Coast Guard. I’m sure that many nights Joel would dream about getting out of the long days and short nights that boot camp can bring and getting back home to Maine to spend a little bit of time hunting before he headed for Seattle, Washington to be united with his ice breaker duty with the Coast Guard. Many times I am sure Joel found it a bit difficult to concentrate on his studies and pulling his duties knowing that in a few days he would be headed back to Maine with his parents to visit friends and family before shipping out.

Graduation day for Joel was on Friday, November1, 2002. His parents had made the 10 to 12 hour trip south to attend his graduation; a sacrifice every child should have the pleasure of witnessing. I am sure both Dennis and his lovely bride Betsy swelled with pride as they watched their son so boldly wear the uniform of the United States Coast Guard and parade through his graduation ceremonies. The schedule for them would be a bit on the hectic side to say the least. When Joel completed his graduation ceremonies, they were going to hop in their car early the next morning and head directly for Maine. What was the hurry? Well, Saturday was opening day of deer season for Maine residents, of which Dennis and Joel were going to miss and Sunday was the day everyone checked in at hunting camp for the first week of hunting. They needed to rush home, grab a little bit of sleep and then awaken Sunday morning, pack their gear and head for camp.

Hunting camp for most of us was a chance to relax and get away from it all. None of us were what I would call serious, hard core hunters when it came to the week at hunting camp. There was though a lot of knowledge and years and years of experience there. Over the years the deer population in certain areas of the State of Maine has become sparse. The area where our hunting camp is located is one of those regions that is hard hit with severe winters and it has an ample population of coy dogs or coyotes or brush wolves; whatever you prefer to call them. The mortality rate for deer was high without the pressure of hunting season There were usually about eight of us who would spend the entire week at camp and during that time if one person was lucky enough to bag a deer we considered that a success.

It was a cold Tuesday morning with a biting breeze coming from the northwest. Some of us were going to hunt around the pond and check out the swamps. Others had their favorite spots that they planned to sit and watch but Joel opted to take the high point up on the power lines that run through that area. In the years prior to this deer season, Joel hunted with a single shot 30-30 that his father had gotten for him. Dennis felt that this would be a good rifle for Joel to learn with. This day though he had borrowed a lever action, 300 Savage from our close friend, Gary Inman.

Joel found his perch up high on a knoll and he tucked himself nicely back against the backdrop of the surrounding forest. His sight distance was probably more than the 300 Savage with peep sights was practical for but it is always nice to see great distances. The direction that he was facing looked somewhat downhill and toward the pond outlet. Just slightly to his left and he was looking more in the direction of the swamp. I have sat many times on that same power line and often in the same general area where Joel sat and I know how difficult it is to sit there and remain focused. For one thing, the wind usually will blow right in your face and chill every bone in your body. Another, the view is panoramic toward the west with fantastic mountain views and it is easy to just sit and gaze in that direction and soak up the vastness and raw beauty of the Presidential Range. Finally, there is just plain a whole lot of territory to cover with the naked eye. The power line cornered nearly 90 degrees further up from where Joel sat and from that corner it was only a short distance through mostly hardwood and some softwood trees to a small bog area just below the outlet of the pond. Joel was actually sitting in a good location to catch sight of deer making a run across the power line to escape danger from down around the bog. In the area around the hunting camp the deer are extremely intelligent. They know where the posted land is and when they get into trouble that’s where they head. Joel sat with his back to the posted land. He was no dummy either. He sat quietly hoping to see some action and as the frigid air penetrated his clothing he hoped for a chance at a deer to get some blood circulating and warm up.

It was nearly 9:30 am now and a time when that early morning “get em on the way back into the thickets” had passed. Becoming restless now, Joel scanned to his right and then to his left wanting to stand or walk around but he knew that wouldn’t be a wise choice until he had decided the hunt was over. He saw nothing but the same dried golden rod waving in the breeze, the same half rotten tree stumps and boulders of every conceivable size scattered over the viewable terrain. As he returned his glance back to the right, his eyes caught some movement and when he looked completely around just off his right shoulder it was happening. Coming straight at him was a beautiful 8 point buck with steam flowing freely from his wide spread nostrils. The deer was headed for high ground and nobody was going to stop him now. Joel took his safety off and raised his rifle to shoot. The loud crack permeated the morning air and the sound could be heard from a long distance away. I was on the back side of the swamp and I remember the sound very clearly. I knew it had come from the direction of the power line and I just smiled knowingly.

The shot missed and the deer really paid little attention to it or to Joel except that he altered his direction slightly and passed on Joel’s left and was headed for the woods in rapid form. Having mostly only hunted with a single shot rifle in the past, Joel thought his chances were over until he realized that he could jack in another round. Jacking in another round is what Joel did. He took quick aim knowing this would be his only chance and squeezed the trigger one more time. I have been in that position many times myself and it does sound good to say I “squeezed” that trigger. It somehow makes the entire episode seem precise, exact and planned. It is more like yanking the trigger to get the bullet to come out quicker to hasten the anticipation of the ultimate demise of your prey. The deer fled into the woods and disappeared. At first Joel didn’t know what he should do but he began to think things through in his head and knew he should see if there was a blood trail. He searched several times before finally spotting a tiny bit of blood on the ground but sizing up the situation his fears grew. He was thinking he had only slightly wounded the deer and would probably never find it. He followed the sparse blood trail only a few yards into the woods and there he found his prize. Oh, man! He was a handsome beast. A great rack of horns, a thick coat of hair and what appeared to be an ample supply of fat for the upcoming winter season. It wasn’t long after I heard that second shot that I heard a voice yelling, coming from the same direction. It was a loud exclamation of joy and excitement over what had transpired. I knew that voice and it belonged to Dennis. I had heard it echoing from mountain tops and side hills in that area in the past. He may have been more excited than Joel but somehow I don’t think so.

Several of us made our way out of the woods to come and be witness to the historic event. Second to arrive on the scene was Gregg Inman whom we so affectionately refer to as the “Gut Master”. He acquired the nickname for his eagerness to indulge himself into the art of field dressing a deer. As I stood back and observed the proceedings, I think there was a real possibility that Joel was hoping that the “Gut Master” would take over. Well, true to form the “Gut Master” did take over, but today he became the teacher instead of the entertainer. Joel got his hands dirty and Gregg gave him the blow by blow directions on the proper way to field dress a deer and then he became the entertainer we all enjoy.

As is the case no matter who does the shooting, whether it be the seasoned hunter or the first time novice, the story is told several times and often the story gets a little better with age. It was Joel’s lucky day in more ways than one. Josh, one of our other hunting buddies, drove his pick-up truck right up the power line and we loaded the deer into the back and headed for camp.

Now that’s a great story! But that is far from the end of it. Tradition at camp has it that each hunter contributes a certain amount of money to a deer pool and the total dollars are split up at the end of the week between the first person to bag a deer and the one who brings down the biggest. Usually both portions of the pot are won by the same person. It was obvious that Joel would win the first half. Who would get the second?

After our lunch of famous red hot dogs and a side of some seriously sharp cheddar cheese, we headed up behind camp to do some investigating. To be honest I think most of us figured that would be the end of our excitement at camp for one year judging from past history. Again some of us went high and some stayed low. Some of us walked a lot and some sat all afternoon. Dennis went up high to make a swing under the ledges that overhung the east side of the mountain. I was somewhere below him and moving at a snail’s pace. It was just about 2:30 pm when I heard a shot ring out that seemed not that far away but with the ledges nearby and some big hardwood trees on an east sloping mountain side, it was difficult to tell where it came from. I assumed above me and that it must be Dennis.

My assumption was correct. While Dennis was slowly making his way across the side slope, he heard a noise off to his left. When he looked up, he was greeted by a nice buck coming straight downhill toward him. He raised his TC 54 muzzleloader and took aim. He pulled the hammer back in preparation to fire that 50 caliber round ball at his target. Dennis has been known to get a little excited from time to time and I’m sure he wasn’t the cool cucumber he would like everyone to think he was. Did he squeeze or did he yank the trigger? It didn’t really matter because when the hammer hit the cap nothing happened. He lowered the gun to see what was up and that’s when he discovered that his custom made patch made out of florescent surveyors ribbon and electrical tape he used to protect his hammer from hitting the cap accidentally, didn’t function the way the theory implied that it would. The not so well thought out plan was when he pulled the hammer back the patch would just fall off exposing the cap for a direct hit from the hammer. The only problem was when he pulled the hammer back the patch remained firmly in place. It had sort of molded itself to the cap. I think it is a family thing but while all this is taking place the deer has not changed course and as Dennis put it, “I think that deer was snickering as he continued to approach me”. He manually pulled the patch off, cocked the hammer back, took aim and yanked (I’m sure) the trigger. When all the smoke cleared, the deer was gone. Before doing anything else, Dennis reloaded his muzzleloader and then he began to look for a blood trail. He hit pay dirt! The deer hadn’t gone but only a few yards and fell dead only feet from an old logging road. It was but just a few seconds after he located the deer that I came along. It was a sight to behold and I know you would have to know Dennis to appreciate this but when I looked up through the trees where he was standing with his deer he was trying to lean up against a tree and act like he wasn’t excited. He was Mr. Cool! I think it was more like a fish trying to pretend he didn’t miss the water. I nearly fell over laughing.

The story continues to get better. As the crow flies, we were perhaps only a half a mile from where Joel shot his deer only 5 hours earlier. We back tracked Joel’s deer and determined where it must have come from would have been about half that distance. It was rare for us hunting in this area to see two deer in one day say nothing about shooting two. They were both nice bucks and the debating began. Which deer was bigger and which one had the bigger rack of horns. No one knew for sure but we all agreed they were very similar in size and age.

What a day father and son had in the woods that day. We returned to camp that afternoon with Dennis’s deer and put the two deer side by side. They could easily have been twins. The debating and guessing continued well into the night until the next day when it was decided to take the deer from camp, get them weighed and tagged and take them to Dennis’s house. Both deer were weighed on the same set of scales at the same tagging station. Joel’s eight point buck weighed in at exactly 200 lbs. Dennis’s was hoisted up onto the scale and his eight-pointer topped out at 203 lbs. Joel tried several times to see if something was wrong with the scales but to no avail. He claimed that the reason his father’s deer weighed three pounds more was because the 50 caliber round ball was still in it and that weighed 3 lbs. I think Joel really just wanted the other half of the pot of money.

They had the deer heads mounted and they now hang proudly on the wall of their den at home. Many stories have been told and many more will follow. When the taxidermist engraved the brass plates he had them both weighing 200 lbs. Dennis decided to leave the plates that way in hopes that it would help to quiet Joel down about whose deer really weighed more. This past summer for Dennis’s birthday Joel bought him a new buck knife with both of their names, the date and 200lbs etched into the blade. And to add another irony to the story, Joel came home this summer for a visit and as he was getting ready to head out the door to go bike riding with his Uncle, Dennis’s mount pulled out away from the wall pulling the bolts that held it up part way out. Dennis’s explanation to Joel was because his deer weighed more.

I am a firm believer in the strength that lies in father and son bonding experiences. There are many things that families can do to create traditions and have bonding experiences of their own but I think there is no comparison to that of a father and son sharing the outdoors and the excitement of the hunt as Dennis and Joel did last November. This truly will be a day they will both remember and a story that will be passed on for generations to come. I just hope they can get all the facts straight!!

Thomas K. Remington
Copyright September 2003
All rights reserved

I just thought I would take a minute to share something with readers. I attended the last home baseball game of the season at Tropicana Field last night and watched the New York Yankees beat the Tampa Bay Devil Rays, 3 – 1. So what’s the big deal? Most wouldn’t understand considering that the Devil Rays, once again, have the worst record in baseball with a record as of last night of 65 wins against 94 losses. Turn those numbers around and that’s what the league leading Boston Red Sox have for a record, 94 wins and 65 losses.

But here’s something interesting and exciting that baseball fans may not be aware of. Here is a team that has struggled throughout the year to compile 65 wins. That’s nothing to brag about but the Rays do have something to brag about. In last night’s game, I was witness to a young and very talented pitcher by the name of Scott Kazmir, start and pitch 6 innings. He’s a lefty and managed to strike out 10 Yankee batters through the 6 innings. Big deal you say? After his 7th strike out of the game, Kazmir took the Major League Baseball lead in strike outs with 236, finishing the game with 239. He has a future but unfortunately it won’t be the Devil Rays. They have no money.

The other event I was witness to was the 44th home run of the season by rookie first baseman, Carlos Pena, a very likable guy with natural ability. His 44th home run far surpasses any Devil Rays’ record book and keeps Pena solidly in second place in the American League home run lead behind Alex Rodriguez of the New York Yankees. Pena is arguably the number one selection for rookie of the year honors.

The Rays have some very young and very talented players but have big holes that need filling if they are to be taken seriously but Rays fans have learned not to hold their breaths because of a franchise unwilling to spend money to make the team competitive. But, if you like good baseball, just forget about the scoreboard and win-loss records and go out to the park like I did, meet some fun people and have a good time.

We’ll get em next year, for sure!

Tom Remington

If you missed the show on Skinny Moose Radio today at 3 p.m., you can now listen by streaming the audio right here or going to the Skinny Moose Radio website and downloading it as a podcast or saving it to your computer and listen at your leisure.

My guest today was Kristine Shreve, Director of Marketing for Gun Safety Innovations. We talked extensively about hunting safety and in particular tree stand safety. Gun Safety Innovations has developed a product that will not only allow you to safely raise and lower your weapon from your tree stand and to secure it and prevent it from falling out of your stand.

In addition to tree stand safety, we also discussed outdoor industry networking including bloggers and the impact this is having on hunting and the outdoor sports industry.

Click on the player below to listen to the show or go to the website to download.

Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser.

Tom Remington

Proof that anti-hunting in New Jersey has pretty much made a clean sweep of the state, an appeals court has ruled that the bear management plan that a lower court approved before Gov. Jon Corzine was elected and his puppet Lisa Jackson was appointed head of the Environmental Protection Department, was invalid because the Fish and Game didn’t follow the rules.

In effect, right now, New Jersey has no bear management plan. The state requires one, that is if those in charge who seem to turn a blind eye to laws, and the Fish and Game Council along with Jackson, still have to come up with a plan.

For those who still think that New Jersey and those behind the bear hunt ban are only interested in protecting the bear, read what the lawyer who argued against the hunt had to say.

“Our victory today shows that the Fish and Game Council cares nothing for laws and procedures,” said Doris Lin, a lawyer who argued in front of the court against the hunt. “Instead of managing wildlife for all of us, the Council abuses their power to satisfy the recreational hunting desires of the few.”

This clearly shows the continued lies being told by the anti-hunting crowd. Because they are opposed to the sane, rational and ethical use of hunting as the only proven viable wildlife management tool, they have to accuse the Fish and Game Council of abusing their power in order to cater to hunters.

It is really a sad state of affairs for the state of New Jersey and the people who reside there. The state is now in the control of anti-hunting socialists who will cost the taxpayers millions of dollars in damages because they refuse to do the right thing in order to promote their personal agendas.

I’m sure this isn’t the end of it but should this end up being the final word for New Jersey’s bear management policy, many residents will regret the day this decision was rendered in the New Jersey Appeals Court.

Tom Remington

From the New Hampshire Department of Fish and Game:

CONCORD, N.H. — New Hampshire’s hunters can help the less fortunate by sharing all or part of their fall harvest with the “Hunt for the Hungry” program.Once again this year, the New Hampshire Food Bank, based in Manchester, is collecting donations of whole or processed game animals for distribution to more than 350 food pantries, soup kitchens, homeless shelters and group homes statewide.

Last year (2006), the Hunt for the Hungry program took in 1,280 pounds of donated deer, bear, moose, duck and other game meat – up from nearly 900 pounds donated by hunters in 2005.The program offers packaging instructions and can pick up your meat donation.To donate game, call Food Bank Operations Manager Michele Garron at (603) 669-9725.

If you’re donating a whole deer or moose, you can bring it to Lemay & Sons Beef in Goffstown (603-622-0022), and they will process it for the food bank at no charge.

“Hunt for the Hungry is a great way for hunters to share the harvest to help needy families get through the winter,” said Donald S. Clarke, Acting Executive Director of the New Hampshire Fish and Game Department.”Wild game is a local renewable resource that is high in protein, low in fat and 100% organic – not to mention delicious.”

“We are really counting on hunters and backyard farmers to support the Food Bank,” said Garron.”This year has been particularly difficult for us because there has been a trend over the past two years of decreasing donations.We are really struggling.”Corporate donations to the Food Bank have been down in recent years because increased efficiencies leave less product left over to pass along, Garron explained.Donations of protein foods have been especially hard to come by.

A hunter herself, Garron hopes to be successful in the field this season so she can contribute some venison to the program.

For more information on the New Hampshire Food Bank, visit http://nhfoodbank.org.

For information on hunting seasons in New Hampshire or to purchase a hunting license, visit http://www.HuntNH.com.

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–
Copyright 2007 New Hampshire Fish and Game Department, 11 Hazen Drive,
Concord, NH 03301. Comments or questions concerning this list should
be directed to liza.w.poinier@wildlife.nh.gov.

I want to take a moment to remind readers that a brand new broadcast of “Open Air With Tom Remington” will air today at 3 p.m. on Skinny Moose Radio.

Today’s show features an in depth interview with Kristine Shreve, Director of Marketing for Gun Safety Innovations, maker of the new tree stand safety device the Gun Slinger. Kristine and I discuss hunter safety with a focus on tree stand safety.

Following that, we spend some time talking about the importance of the outdoor blogoshere and how this is becoming a rapidly growing resource for all outdoor sportsmen. I hope you tune in.

If you can’t listen to the show at 3 p.m., as always we will provide a link to our website so you can listen to the show and all the shows at your leisure. I hope you will join me today at 3.

Tom Remington

In a class action lawsuit filed in the state of Minnesota by Mike Buetow of Shakopee, Theodore Carlson of Edina, Gary Richardson Jr. of St. Paul and Joe Rohrbach of Shakopee, Plaintiffs claim that there was no way for anyone who was interested in the odor eliminating clothing to investigate to find facts. They also claim that ALS Enterprises, Inc. of Muskegon, Michigan as well as Gander Mountain Co., Cabela’s Inc., Bass Pro Shops Inc. and Browning Arms Co., conspired to keep the truth from consumers.

2. Since 1992, Defendants have uniformly misrepresented to consumers that their odor eliminating clothing “innovation” would not only eliminate 100% of human odors, but could also be reactivated or regenerated in a household dryer after the clothing has become saturated with odors. Defendant’ representations regarding the ability of their so-called innovative odor eliminating clothing are false. Defendants’ odor eliminating clothing has very little, if any, odor eliminating capabilities and cannot be reactivated or regenerated in a household dryer.

3. By making false, fraudulent and misleading statements to consumers, Defendants have deceived thousands of consumers into purchasing odor eliminating clothing. Hunters buy Defendants’ odor eliminating clothing only for its purported ability to eliminate all human odors and to be regenerated for repeated use. Consumers have been duped into spending significant amounts of money on a product that does not work as represented and as a result, Plaintiffs have been harmed by Defendants’ fraudulent misrepresentations.

This clearly lays out the strategy I believe of the Plaintiffs in regards to proving the public was duped. Their claim that the clothing eliminated human odors 100% and that it could be “reactivated” or “regenerated” in a dryer was deliberately false and that the manufacturers of the clothing knew it.

This is still not going to be an easy case to prove. This kind of false advertising saturates the consumer markets today and has for years. I think the Plaintiffs are going to have to show how this case is really any different.

The other part of their case involves the conspiracy theory. Plaintiffs are claiming that ALS Enterprise, Inc. along with Gander Mountain, Bass Pro Shops, Cabela’s and Browning Arms, knew the products did not work and they worked together to keep this information from the public.

In the filed lawsuit, the Plaintiffs make their initial accusations for a conspiracy theory this way.

Defendants conspired to uniformly deceive consumers. Defendants’ fraud could not have been as pervasive or remained undetected for as long as it did in the absence of Defendants’ conspiracy to misrepresent the efficacy and attributes of their odor eliminating clothing. Each Defendant manufactured and sold the exact same odor eliminating clothing as a licensee of Defendant ALS. The misrepresentations of each Defendant are dependent on the uniform misrepresentations of the other Defendants- if one Defendant had exposed the lie of its competitor’s clothing, it would have revealed its own lies. Defendants agreed to uniformly, and as a group, misrepresent to consumers that their odor eliminating clothing eliminates human odors and can be reactivated or regenerated in a household dryer. Defendants also conspired to suppress and conceal the truth about the odor eliminating clothing sold by the other Defendants – the same clothing they were also selling. Defendants failed to disclose material facts to consumers about their own and their competitor’s odor eliminating clothing. As a result of Defendants’ agreement to suppress the truth and maintain a uniform lie, the conspiracy is able to achieve the deception that any one Defendant could not have achieved individually.

Proving conspiracies is a very difficult thing to do. Making a claim about the prospects of conspiracy among these retail giants and proving it is some different. I would have to assume that the Plaintiffs have substantial evidence to prove their accusations.

Further along in the filed lawsuit, the Plaintiffs get into more specifics about the conspiracy. Plaintiffs say that any Defendants could not have discovered that the scent blocking clothing did not work “despite reasonable and diligent investigation”. They further claim that this effort would have been hampered “because of Defendants’ failure to disclose and active concealment of their fraud”.

Once again the suit is claiming that all the Defendant’s named in the suit were not only aware that the clothing didn’t work but that they all actively participated in covering it up making it impossible for consumers to find out the truth.

The suit then gets into more specifics about the actions taken by different Defendants to cover up.

52. Defendant ALS has published in national publications articles responding to criticism of Defendants’ odor eliminating clothing. Defendant ALS defends the purported science behind Defendants’ odor eliminating clothing and provides other Defendants with the same information to respond to doubters and critics. Defendant ALS employed numerous outdoor writers and hunters to promote its odor eliminating clothing and to provide misinformation about its efficacy. Defendant ALS relies heavily on
testimonials from hunters purporting to have had success while employing Defendants’ odor eliminating clothing and raving about its odor eliminating capabilities.

53. Defendant ALS also instructed its employees to respond to messages posted in internet chat rooms that questioned Defendants’ representations regarding the ability of their odor eliminating clothing to eliminate all human odors. To certain individuals who have complained about or questioned the ability of Defendants’ odor eliminating clothing, Defendant ALS has consistently responded by citing to scientific testing, by stating that many factors can contribute to an unsuccessful hunt, and by suggesting that the clothing may not have been properly cared for or handled – not by disclosing the truth that the claims regarding the ability of its odor eliminating clothing were false. Defendant ALS’s founder himself, Greg Sesselman, has responded in writing to doubters by citing to scientific studies and testimonials as evidence of the efficacy of Defendant ALS’s clothing in eliminating human odors and being regenerated or reactivated.

The Plaintiffs make claims of active conspiracy against Cabela’s.

54. On its website chat rooms, Defendant Cabela’s also removed postings by some users who questioned Defendants’ odor eliminating clothing and challenged the ability of Defendants’ odor eliminating clothing to eliminate odor and be regenerated or reactivated in household dryers.

While I understand that I am only looking at the full lawsuit filed in the state of Minnesota, I would still have to say that the Plaintiffs are going to have their hands full proving their claims in a court of law unless they have substantial proof. Proving conspiracy is difficult to do and I might even suggest they would need witnesses at a level other than those whose duty it is to manage a message board, to prove malicious intent to defraud the public as a group.

None of us can blame a company for promoting and standing up for their product, however there are limits, many of which we as consumers are subject to all day and everyday. In my opinion, from the information that I have looked at in this lawsuit, perhaps the strongest evidence the Plaintiffs have is in the Defendants’ marketing that their clothing blocks human odor 100%. Any product making a claim to 100% certainly opens the door to challenges of accuracy.

The other issue is the reactivation of the charcoal within the clothing. Their case may be enhanced if they can bring solid reports from the military that their use of such clothing for handling chemicals is limited in use and disposed of after saturation because it is rendered useless or ineffective.

While these things may not be accurate advertising and marketing, one has to question whether it is in line with a class action lawsuit and certainly whether all these companies conspired to dupe the consumers.

It will be an interesting case that will have a broad and sweeping effect on all of us.

For those interested in viewing the entire lawsuit, may do so at this link (pdf) provided by the staff of Skinny Moose Media.

Tom Remington