Bethlehem Family Seeks Appeal of Order To Stop Feeding Raccoons
Derek Redd (file) Trending
BETHLEHEM -- The family under a temporary restraining order from feeding raccoons in the village of Bethlehem is seeking an appeal to a higher court.
Ohio County Circuit Court Judge David Sims in June granted a temporary restraining order directing Renaissance Way residents Arvind and Bharati Patel to stop their alleged feeding of wildlife, specifically raccoons, on and around their property.
The Patels were ordered to "clean up and remove all food provisions on their property that had been previously provided to wildlife," according to the restraining order. "Any violations of this temporary restraining order and preliminary injunction shall result in the possible levy of fines and/or other sanctions against the defendants."
The Patels had filed to have Sims' order repealed by the West Virginia Intermediate Court of Appeals. Michelle Barnes, assistant clerk of the West Virginia Intermediate Court of Appeals, said the Intermediate Court dismissed that appeal because it does not have jurisdiction over interlocutory appeals.
Such appeals, she noted, need to be filed with the West Virginia Supreme Court of Appeals.
As of Monday afternoon, an appeal had not been filed with the West Virginia Supreme Court, according to an official with that court.
The original order from Sims was to last 60 days with a followup hearing to come sometime after.
According to a copy of the original appeal, the Patels contend that the order should be appealed because they were not notified properly of the order and that it is infringing on their rights to use their property legally.
They also contend that feeding the raccoons is their legal right and that it is good for the animals.
"The petitioner's feeding activities, aimed at protecting the lives of wildlife and reducing the risk of disease transmission by providing a reliable and nutritious food source, should be considered a responsible and compassionate approach to wildlife management rather than a public nuisance," according to the appeal.
The Patels also are asking for a "fresh hearing" with another Circuit Court judge as they allege that Sims showed bias by suggesting they retain a lawyer instead of representing themselves.
The appeal also contends that since they have been feeding the raccoons for many years they should be allowed to continue doing so. While Gamble has said previously that it is not illegal to feed wild animals, when such action creates a public nuisance it becomes a public health issue.
Meanwhile, Wheeling-Ohio County Health Administrator Howard Gamble said his department has received several new complaints about wildlife being fed both around Renaissance Way and other Wheeling neighborhoods. He said that he had not yet received confirmatory video evidence as to who the culprit is, but the department will continue gathering complaints and follow the legal recommendations of the Ohio County Prosecutor's Office.