By Associated Press
Cheektowaga, NY – A woman known as the "Deer Lady" did not violate the state's ban on feeding wild deer because the animals she feeds in a Cheektowaga park are not wild but tame, her lawyer argued Tuesday.
Attorney Andrew LoTempio also questioned the state's motivation in passing the ban, saying it was more about "urban and suburban blight and money" than concern about the animals spreading disease.
Anita Depczynski, 63, is on trial in Town Court after being ticketed repeatedly by conservation officers in Stiglmeier Park.
Depczynski has rejected all talk of settling the case, hoping to bring attention to the plight of the deer in the town's shrinking green space and her calls for a humane way to control their population.
She could face up to 15 days in jail on each of three charges against her.
Town Prosecutor James Vallone said he would not ask for jail time if Depczynski is convicted. But, "There is no doubt there is a law on the books and since it's there, we must enforce it," he said.
New York has prohibited feeding wild deer since August 2002, citing concern about the introduction of chronic wasting disease, a fatal infectious brain disease that has been found in deer and elk herds in western states and as far east as Wisconsin. There have been no confirmed cases in New York. State environment officials said artificial congregations increase the potential for disease transmission.
Since enacting the ban, DEC officers have handed out numerous tickets, including 34 since November, according to spokeswoman Maureen Wren. Wren said violators are first warned and ticketed only if they continue to violate the ban.
"DEC regulation is designed to protect our wild deer population from chronic wasting disease and also to protect human health and property," Wren said. "If people are truly concerned about the health and welfare of deer and protecting the deer population, they should not feed wild deer."
Depczynski and her lawyer contend the true motivation for the feeding ban is to cause deer to starve to keep them from encroaching on development.
"We are a civilized society and we shouldn't be doing this anymore," said Depczynski, who has long advocated for a birth control program for the herd.
"The town wants those deer out of the park because they're infiltrating subdivisions," said LoTempio, who faulted the town and DEC for initially condoning deer feeding while making no plans to control the population. "This isn't about chronic wasting disease."
Visitors have fed and named the deer in Stiglmeier Park for 20 years, leaving them unafraid of humans and reliant on handouts to survive the winters.
Under questioning by LoTempio, Department of Environmental Conservation Officer Mark Mazurkiewicz acknowledged that the deer didn't run from him when he encountered Depczynski in the park in October, but the officer and lawyer volleyed over the definition of wild.
"The definition of wild doesn't depend on whether the deer are afraid of people," Vallone interjected. "It's defined by the setting," in this case, an open park with no fences.
The trial was scheduled to continue April 6.