Friday, February 11, 2022

Illinois Wildlife Code Requirement Survives Free Exercise Challenge

In Tranchita v. Callahan, (ND IL, Feb. 9, 2022), an Illinois federal district court rejected a free exercise challenge to requirements of the Illinois Wildlife Code that led to the seizure of four coyotes from Tomi Tranchita who cared for orphaned coyotes in her suburban Chicago backyard.  Under Illinois law, a person can possess coyotes only if they have both a Breeder Permit and a Hound Running Permit. The requirements for obtaining a Hound Running Permit effectively prevent keeping of coyotes in urban or suburban areas.  Tranchita held a Breeder Permit, but had been unable to renew her Hound Running Permit.  She contends that hound running, i.e. chasing of coyotes by dogs, violates her religious, ethical and moral beliefs.  She argued that requiring her to possess a permit to engage in such a cruel practice violates her free exercise rights. The court held that the Permit requirement is neutral and generally applicable, and the state had a rational basis for the requirement.  The court also rejected Tranchita's equal protection, due process and pre-emption challenges.