State v. Ball

796 A.2d 542, 260 Conn. 275, 2002 Conn. LEXIS 183
CourtSupreme Court of Connecticut
DecidedMay 21, 2002
DocketSC 14646
StatusPublished
Cited by6 cases

This text of 796 A.2d 542 (State v. Ball) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Ball, 796 A.2d 542, 260 Conn. 275, 2002 Conn. LEXIS 183 (Colo. 2002).

Opinion

Opinion

SULLIVAN, C. J.

The defendants,1 who had been convicted, following conditional pleas of nolo contendere, of violating Connecticut’s Hunter Harassment Act, General Statutes § 53a-183a (act),2 appeal from the judg[277]*277ment of the trial court, rendered after a hearing ordered on remand from this court, finding that: (1) state parks and forests are not public fora; (2) § 53a-183a is narrowly tailored to serve a significant state interest; and (3) the act leaves open sufficient alternative channels of communication. The defendants claim that the act violates the first and fourteenth amendments to the United States constitution3 because state parks and forests are public fora that traditionally have been held open to the public for expressive activities and the act is not narrowly drawn to further a substantial state interest. In the alternative, the defendants argue that state parks and forests have been designated by the state as nontraditional public fora, the act is not narrowly tailored to serve a reasonable state interest, and the activities it prohibits are within the scope of activities permitted in a nontraditional public forum. Finally, the defendants argue that the act does not leave open alternative means of communication and that it sweeps so broadly as to be unconstitutional. We disagree with the defendants and affirm the judgment of the trial court.

The facts of this case are set forth in State v. Ball, 226 Conn. 265, 268-70, 627 A.2d 892 (1993). “On October [278]*27819, 1991, at 6:25 a.m., Robert Dubois, a bow hunter with a valid state archery license, was standing at the entrance to the Tunxis State Forest Wildlife Management Area in Hartland, waiting to enter the park. The area is state owned property subject to regulation by the department of environmental protection. On the day in question, a person with a valid archery license could legally engage in archery hunting in the state forest after 7 a.m.

“The defendants approached Dubois and told him that they were antihunting activists and that they would follow him into the park. A few minutes later, conservation officer McNamara arrived at the scene. Dubois complained to McNamara that the defendants were planning to harass him. McNamara warned the defendants that, if they interfered with Dubois’ hunting, they would be subject to arrest. Dubois told the defendants that he planned to hunt deer from an old apple orchard and asked that he be left alone.

“At about 7 a.m., Dubois entered the orchard, took a stand under a tree, and notched an arrow into his bow. The defendants formed a semicircle facing Dubois and tried to dissuade him from hunting. Dubois told them that they were interfering with his hunting and asked them to get out of the line of fire. When the defendants did not move, Dubois asked McNamara to come to his assistance. McNamara explained to the defendants that their interference with Dubois’ hunting was illegal and asked them to leave. After consulting among themselves, the defendants decided to be arrested rather than to comply with the request to leave the area. McNamara then arrested the defendants.

“In their motions to dismiss in the trial court, the defendants challenged the constitutionality of § 53a-183a both facially and as applied to the facts of this case. The trial court, Dranginis, J., ruled only on their [279]*279contention that the statute facially violates their rights to free speech. The defendants’ subsequent pleas of nolo contendere precluded further pursuit of their alternate claim that the statute had been unconstitutionally applied in the factual circumstances of their cases.” Id., 268-69.

The trial court prohibited evidence of the nature and extent of the state’s interest in preventing the harassment of hunters and evidence of the particular circumstances of the defendants’ arrest because a challenge premised on facial unconstitutionality does not require a factual showing. Id., 269. The trial court also found that the communicative aspect of the conduct that the act proscribes implicates and thus falls within the constraints of the first amendment’s protection of free speech, as had a predecessor statute that previously had been held to be facially unconstitutional in Dorman v. Satti, 862 F.2d 432 (2d Cir. 1988), cert. denied, 490 U.S. 1099, 109 S. Ct. 2450, 104 L. Ed. 2d 1005 (1989). State v. Ball, supra, 226 Conn. 269. The court concluded, nevertheless, “that the statute is content-neutral and that its restrictions are narrowly tailored to serve a significant governmental interest. The court then rejected the defendants’ claim of vagueness and over-breadth, in part by narrowly construing some of the provisions contained in the statute.” Id., 269-70.

The defendants first appealed from the judgment of the trial court to the Appellate Court and we transferred the appeal to this court pursuant to what was then Practice Book § 4023, now § 65-1, and General Statutes § 51-199 (c). State v. Ball, supra, 226 Conn. 267. The defendants claimed on appeal that: (1) the act is a content-based constraint on free speech; (2) even if the act is content-neutral, it is not narrowly tailored to further a significant state interest, as required for speech restrictions in a public forum; and (3) even if the act is content-neutral and does not regulate speech in a [280]*280public forum, it is facially overbroad or unconstitutionally vague. Id., 270. We concluded that: (1) the act implicates first amendment free speech protections; id., 272; and (2) “§ 53a-183a is content-neutral because it restricts all the expressive conduct proscribed by its terms, whenever such expressive conduct intentionally or wrongfully interferes with hunting. . . . [T]he statute does not, on its face, single out a particular point of view for discriminatory treatment.” Id., 275. We also concluded, however, that the factual record was not sufficiently developed for this court to determine whether the properties in dispute were public or nonpublic. Id., 278. Furthermore, the record was not sufficiently developed for us to determine the nature and the seriousness of the state interest that purported to justify the regulation. Id. Accordingly, we remanded the case to the trial court for an evidentiary hearing on those issues. Id. After a hearing on our remand, the trial court determined that undeveloped state parks and state forests were nonpublic fora, that § 53a-183a was narrowly tailored to serve a significant state interest, and that the statute left open ample alternative channels for communication. This second appeal followed. Additional facts will be set forth as necessary.

I

BURDEN OF PROOF AND STANDARD OF REVIEW

“In our assessment of whether the statute passes constitutional muster, we proceed from the well recognized jurisprudential principle that [t]he party attacking a validly enacted statute . . . bears the heavy burden of proving its unconstitutionality beyond a reasonable doubt and we indulge in every presumption in favor of the statute’s constitutionality.” (Internal quotation marks omitted.) State v. Ross, 230 Conn. 183, 236, 646 A.2d 1318 (1994), cert. denied, 513 U.S. 1165, 115 S. Ct. 1133, 130 L. Ed. 2d 1095 (1995). “The burden of proving [281]

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Cite This Page — Counsel Stack

Bluebook (online)
796 A.2d 542, 260 Conn. 275, 2002 Conn. LEXIS 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ball-conn-2002.