The Judge Rules.....; Jim Strader Lawsuit

[FlyLie]

FYI:
LOUISVILLE, KY. — The host of a popular radio show focused on hunting and fishing cannot show that Kentucky officials retaliated against him for on-air criticism of the department's method of tracking kills by hunters, a federal judge in Frankfort ruled Monday.
In his own deposition testimony, Jim Strader, host of the show "Outdoors with Jim Strader" and an annual expo in Louisville, acknowledged that the show remained number one in its timeslot in the Louisville market, despite the presence of a show, "Kentucky Afield Radio," started by the Kentucky Department of Fish and Wildlife Resources, U.S. District Judge Danny C. Reeves wrote in a 14-page decision.
To win, Reeves wrote, Strader would have had to show that the department's actions were in retaliation for his critical comments and that he suffered a threat to his ability to earn money.
"Here, by contrast, Strader does not even argue, much less offer proof, that his ability to make a living has been hindered by 'Kentucky Afield Radio's' presence," Reeves wrote.
Strader's attorney, Kevin Doran, did not immediately return a message seeking comment.
The dispute started in 2009 when Strader went on air and criticized the department's use of the Telecheck system, which allows hunters to report their kills by telephone. After the critique, Fish and Wildlife Resources Commissioner Jonathan W. Gassett pulled the agency's support for Strader's radio show and his outdoors expo held in Louisville.
The agency also started up "Kentucky Afield Radio" as a competitor to Strader's show. Strader called off his 2010 expo in Louisville, posting a note on his website saying "Due to my lawsuit involving litigation with Commissioner Gassett and the Kentucky Department of Fish and Wildlife Resources, I am not free to discuss the reasons underlying my decision to cancel this year's expo."
"This was not a decision that I reached lightly," Strader wrote in 2010.
It was unclear Monday if Strader has hosted the hunting and fishing expo since. His website wasn't updated by midmorning Monday.
Strader sued the agency in 2009, claiming Gassett defamed him in a newsletter and directed state employees to boycott his long-running annual hunting and fishing expo. Strader said the agency harassed journalists who questioned the agency's policies or were critical of the department.
Strader asked Reeves to bar the Kentucky Department of Wildlife and Fisheries from promoting or sponsoring another expo along with applying those same restrictions to any other radio show. Strader also sought to stop the state from banning employees from cooperating with his expo or radio show.
Reeves cited Strader's deposition testimony that showed he didn't suffer any economic repercussions from the dispute with Kentucky officials.
"When asked what negative effects he had suffered as a result of the competing show's existence, Strader stated that it had 'cost (him) a certain amount of distress worrying about a government entity running a show against (him) and using their resources'," Reeves wrote.
Strader also expressed concerns that the state would go to a radio station and try to buy his time slot and his listeners would abandon him over time, Reeves wrote.
"But, nowhere has he shown that those fears were realized," Reeves wrote.

Read more here: http://www.kentucky.com/2012/08/06/2...#storylink=cpy

[know1]

That lawsuit sounded bogus to me from the beginning. There is probably some truth to what Jim was saying, but it was always going to be difficult to prove his case.

I wonder how much taxpayer money that could have gone to improving fishing and hunting in KY was wasted trying to defend against a fairly frivolous lawsuit?

[Tim_T]

That lawsuit sounded bogus to me from the beginning. There is probably some truth to what Jim was saying, but it was always going to be difficult to prove his case.

I wonder how much taxpayer money that could have gone to improving fishing and hunting in KY was wasted trying to defend against a fairly frivolous lawsuit?

I didn't think the lawsuit had much of a chance, but I am not a legal expert. No taxpayer money was used because the KDFWR doesn't get general fund tax dollars, but I would guess that some license and permit fee money was used.

[know1]

Good point about the taxes. I meant that it likely took money away from hunting and fishing, but misspoke when I mentioned taxes.