Virginia County Blocks
Women On Target® Clinic
Local Club Ordered to ''Cease and Desist All Shooting Sports Activities''
Organizers of an NRA Women On Target® instructional shooting clinic, scheduled to be held on July 17 at the Middlesex Pistol Hunters' Club near Hartfield, Virginia, have been ordered by Middlesex County to cancel the women-only training session. The County's order also applies to firearm proficiency training scheduled for a local 4-H group, and arguably to a Refuse To Be A Victim® crime prevention seminar -- even though there are no firearms used in the seminar and it was to be conducted outside the club's property, at a local American Legion hall.
Despite the County's written admission that the facility is permitted to operate as a hunting club and to conduct "accessory uses," including "hunting, firearm and safety training courses," club founder Macey White received a letter from the County dated January 19, 2004, threatening legal action if he did not "cease and desist all shooting sports activities."
A similar prohibition against community service programs had been levied against the club in 2001 and fought by White in court. In that action, White was denied the freedom to hold an NRA Youth Shooting Sports Camp at his club. NRA attorneys representing White sued the Middlesex County Board of Supervisors and the County Zoning Administrator. Ultimately, White won a $30,000 confessed judgment and the right to conduct hunting-related activities and NRA youth firearm safety and training-type courses as part of the club's operation.
Since the County's decision expressed in the January 19th letter was based on the strict definitions of terms like "sport shooting," "hunting-related activities" and "firearms training," NRA attorneys offered to work with the County until all concerned could agree on the language, but the offer was rebuffed.
On June 21, a Board of Zoning Appeals hearing was held at the Saluda, VA courthouse. Representing Mr. White, NRA attorney Dan Zavadil voiced a number of arguments ranging from gender discrimination (regarding cancellation of the Women On Target® event), to pre-emption, asserting that Middlesex County has no authority to override the Virginia General Assembly, which has already ruled that hunting is a state constitutional right. Mr. White was even prohibited from advertising his hunt club events, so Zavadil raised First Amendment issues as well.
A standing-room only crowd attended the hearing, and 29 local residents voiced their support for Mr. White, including several local law enforcement officers who applauded White's efforts in teaching the safe, responsible use of firearms. (About eight citizens showed up to take the County's position.)
Despite the strength of the legal arguments, the previous zoning interpretation in his favor, and the public support shown for the safety programs, the Board of Zoning Appeals shocked meeting attendees by ruling in favor of the County. Both White and the NRA vowed an appeal would be filed.
"We are disappointed that the Board of Zoning Appeals refused to follow well-established case law precedent or to respect the constitutional rights of Mr. White," said NRA attorney Dan Zavadil. "We are currently researching all our legal options and fully intend to pursue legal action in all appropriate forums."
Citizens wishing to help Mr. White may want to consider contributing to The NRA Civil Rights Defense Fund, created by the NRA Board of Directors in 1978 to become involved in court cases establishing legal precedents in favor of gun owners. After the resolution of Mr. White's 2001 case, he donated virtually all the judgment earned back to the CRDF to help defend the civil rights of other gun owners in the future. For more information on CRDF, or to make a contribution, visit
www.nradefensefund.org.
THIS IS THE KIND OF THING WE CAN EXPECT IN THE FUTURE, BE PREPARED
Virginia is for Lovers not Shooters.....
