First Amendment Invoked in Nevada Wild Horse Court Battle

Wild horse advocates are challenging the U.S. government's restrictions on observing the handling of mustangs gathered from a national wildlife refuge on the Nevada-Oregon line. They argue that these restrictions violate the First Amendment, preventing them from ensuring the humane treatment of the animals.

U.S. District Judge Miranda Du recently denied an emergency injunction request from the advocates, stating that there was no proof of legal violations by the U.S. Fish and Wildlife Service during the recent roundup of over 400 horses at the Sheldon National Wildlife Refuge. However, she agreed to hear further arguments regarding the constitutionality of the agency's restrictions on public and media access.

Laura Leigh, a photographer for Horseback Magazine and leader of the Nevada-based Wild Horse Education, testified that safety concerns are being used as an excuse to prevent documentation of potential mistreatment. She noted that the distance enforced by the agency makes it impossible to accurately monitor the horses' conditions.

Author Terri Farley, known for her "Phantom Stallion" series, highlighted that the restrictions at Sheldon are more stringent than those she has encountered elsewhere. She expressed concern over the lack of transparency, which she believes fosters suspicion.

Officials from the Fish and Wildlife Service cited safety and security reasons for the restrictions, emphasizing the potential danger to both the horses and people if too many individuals are allowed close proximity. They also mentioned threats from some advocates to release the horses, which has heightened security concerns.

Judge Du acknowledged the agency's right to impose restrictions if they are narrowly tailored and serve a public interest. However, she questioned the reasonableness of the 500-foot distance, indicating that the plaintiffs have raised significant issues regarding access rights.

For more details, visit the Associated Press.