Suit to Ban FFO waters

By V. Paul Reynolds

Plaintiffs supported by the International Order of Theodore Roosevelt have sued the Maine Commissioner of Inland Fisheries and Wildlife in Augusta’s superior court to open all of Maine’s public waters to everyone and end the State’s practice of reserving Maine’s best fishing spots for fly fisherman only. The plaintiffs, represented by Matt Warner of the law firm Preti Flaherty, are asking the state to open these pristine fishing spots, home to an abundant and nutritious harvest of indigenous fish species, to all Mainers, not just those with the time and money to become fly fishermen. 

Piggy backing on the “Sunday Hunting Lawsuit” that successfully set the precedent that hunting is constitutionally protected in Maine, the suit relies on Maine’s first in the nation Right to Food constitutional amendment which promises every Mainer (not just those privileged enough to fly fish) the right to harvest their own food from the woods and waters of Maine.

The Plaintiffs in this case are Justin, Joe and Sam Legendre of Mt. Vernon and Waterville, respectively. They are working class Mainers who spend much of their free time fishing, both ice fishing as well as spin casting in the summer. They allege that their right to harvest fish in the best spots in Maine is infringed by the age-old rule that prohibits them from fishing, using the only technique they know and are equipped to practice, in Maine’s best fishing waters. They also allege that this prohibition discriminates against them and every other working-class Mainer because fly fishing is a sport dominated by the wealthy.

“The Right to Food amendment guarantees Maine’s working class anglers access to all waters that are open to fishing. The International Order of Theodore Roosevelt is proud to support the Plaintiffs in their effort to ensure that they have equal access to Maine’s premiere fishing spots, regardless of whether they fly fish or spin-cast. We look forward to a favorable decision that both opens Fly Fishing Only areas to spin casters as well as sets the precedent that fishing is protected under the Right to Food amendment. We hope that despite the AG’s recent motion to dismiss that his office will take the rights of Maine fishermen with all the seriousness that they deserve.”

-Luke Hilgemann, Executive Dir. International Order of Theodore Roosevelt

“We spend hundreds of hours per year fishing in Maine, abiding by season dates, bag limits and other special regulations aimed at encouraging healthy populations in Maine’s waters. We support the Inland Fisheries and Wildlife Departments conservation efforts every year by purchasing our licenses, we deserve equal access to the waters that our license fees and tax dollars go to protect.” 

-Plaintiffs: Justin, Joe and Sam Legendre

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